[Congressional Record Volume 140, Number 142 (Tuesday, October 4, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: October 4, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
               INDIAN LANDS OPEN DUMP CLEANUP ACT OF 1994

  Mr. GEJDENSON. Mr. Speaker, I move the House suspend the rules and 
pass the Senate bill (S. 720) to clean up open dumps on Indian lands, 
and for other purposes, as amended.
  The Clerk read as follows:

                                 S. 720

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Indian Lands Open Dump 
     Cleanup Act of 1994''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--The Congress finds that--
       (1) there are at least 600 open dumps on Indian and Alaska 
     Native lands;
       (2) these dumps threaten the health and safety of residents 
     of Indian and Alaska Native lands and contiguous areas;
       (3) many of these dumps were established or are used by 
     Federal agencies such as the Bureau of Indian Affairs and the 
     Indian Health Service;
       (4) these dumps threaten the environment;
       (5) the United States holds most Indian lands in trust for 
     the benefit of Indian tribes and Indian individuals; and
       (6) most Indian tribal governments and Alaska Native 
     entities lack the financial and technical resources necessary 
     to close and maintain these dumps in compliance with 
     applicable Federal laws.
       (b) Purposes.--The purposes of this Act are to--
       (1) identify the location of open dumps on Indian lands and 
     Alaska Native lands;
       (2) assess the relative health and environmental hazards 
     posed by such dumps; and
       (3) provide financial and technical assistance to Indian 
     tribal governments and Alaska Native entities, either 
     directly or by contract, to close such dumps in compliance 
     with applicable Federal standards and regulations, or 
     standards promulgated by an Indian tribal government or 
     Alaska Native entity, if such standards are more stringent 
     than the Federal standards.

     SEC. 3. DEFINITIONS.

       For the purposes of this Act, the following definitions 
     shall apply:
       (1) Closure or close.--The term ``closure or close'' means 
     the termination of operations at open dumps on Indian land or 
     Alaska Native land and bringing such dumps into compliance 
     with applicable Federal standards and regulations, or 
     standards promulgated by an Indian tribal government or 
     Alaska Native entity, if such standards are more stringent 
     than the Federal standards and regulations.
       (2) Director.--The term ``Director'' means the Director of 
     the Indian Health Service.
       (3) Indian land.--The term ``Indian land'' means--
       (A) land within the limits of any Indian reservation under 
     the jurisdiction of the United States Government, 
     notwithstanding the issuance of any patent, and including 
     rights-of-way running through the reservation;
       (B) dependent Indian communities within the borders of the 
     United States whether within the original or subsequently 
     acquired territory thereof, and whether within or without the 
     limits of a State; and
       (C) Indian allotments, the Indian titles to which have not 
     been extinguished, including rights-of-way running through 
     such allotments.
       (4) Alaska native land.--The term ``Alaska Native land'' 
     means (A) land conveyed or to be conveyed pursuant to the 
     Alaska Native Claims Settlement Act (43 U.S.C. 1600 et seq.), 
     including any land reconveyed under section 14(c)(3) of that 
     Act (43 U.S.C. 1613(c)(3)), and (B) land conveyed pursuant to 
     the Act of November 2, 1966 (16 U.S.C. 1151 et seq.; commonly 
     known as the ``Fur Seal Act of 1966'').
       (5) Indian tribal government.--The term ``Indian tribal 
     government'' means the governing body of any Indian tribe, 
     band, nation, pueblo, or other organized group or community 
     which is recognized as eligible for the special programs and 
     services provided by the United States to Indians because of 
     their status as Indians.
       (6) Alaska native entity.--The term ``Alaska Native 
     entity'' includes native corporations established pursuant to 
     the Alaska Native Claims Settlement Act (43 U.S.C. 1600 et 
     seq.) and any Alaska Native village or municipal entity which 
     owns Alaska Native land.
       (7) Open dump.--The term ``open dump'' means any facility 
     or site where solid waste is disposed of which is not a 
     sanitary landfill which meets the criteria promulgated under 
     section 6944 of the Solid Waste Disposal Act (42 U.S.C. 6941 
     et seq.) and which is not a facility for disposal of 
     hazardous waste.
       (8) Postclosure maintenance.--The term ``postclosure 
     maintenance'' means any activity undertaken at a closed solid 
     waste management facility on Indian land or on Alaska Native 
     land to maintain the integrity of containment features, 
     monitor compliance with applicable performance standards, or 
     remedy any situation or occurrence that violates regulations 
     promulgated pursuant to subtitle D of the Solid Waste 
     Disposal Act (42 U.S.C. 6941 et seq.).
       (9) Service.--The term ``Service'' means the Indian Health 
     Service.
       (10) Solid waste.--The term ``solid waste'' has the meaning 
     provided that term by section 1004(27) of the Solid Waste 
     Disposal Act (42 U.S.C. 6903) and any regulations promulgated 
     thereunder.

     SEC. 4. INVENTORY OF OPEN DUMPS.

       (a) Study and Inventory.--Not later than 12 months after 
     the date of enactment of this Act, the Director shall conduct 
     a study and inventory of open dumps on Indian lands and 
     Alaska Native lands. The inventory shall list the geographic 
     location of all open dumps, an evaluation of the contents of 
     each dump, and an assessment of the relative severity of the 
     threat to public health and the environment posed by each 
     dump. Such assessment shall be carried out cooperatively with 
     the Administrator of the Environmental Protection Agency. The 
     Director shall obtain the concurrence of the Administrator in 
     the determination of relative severity made by any such 
     assessment.
       (b) Annual Reports.--Upon completion of the study and 
     inventory under subsection (a), the Director shall report to 
     the Congress, and update such report annually--
       (1) the current priority of Indian and Alaska Native solid 
     waste deficiencies,
       (2) the methodology of determining the priority listing,
       (3) the level of funding needed to effectively close or 
     bring into compliance all open dumps on Indian lands or 
     Alaska Native lands, and
       (4) the progress made in addressing Indian and Alaska 
     Native solid waste deficiencies.
       (c) 10-Year Plan.--The Director shall develop and begin 
     implementation of a 10-year plan to address solid waste 
     disposal needs on Indian lands and Alaska Native lands. This 
     10-year plan shall identify--
       (1) the level of funding needed to effectively close or 
     bring into compliance with applicable Federal standards any 
     open dumps located on Indian lands and Alaska Native lands; 
     and
       (2) the level of funding needed to develop comprehensive 
     solid waste management plans for every Indian tribal 
     government and Alaska Native entity.

     SEC. 5. AUTHORITY OF THE DIRECTOR OF THE INDIAN HEALTH 
                   SERVICE.

       (a) Reservation Inventory.--(1) Upon request by an Indian 
     tribal government or Alaska Native entity, the Director 
     shall--
       (A) conduct an inventory and evaluation of the contents of 
     open dumps on the Indian lands or Alaska Native lands which 
     are subject to the authority of the Indian tribal government 
     or Alaska Native entity;
       (B) determine the relative severity of the threat to public 
     health and the environment posed by each dump based on 
     information available to the Director and the Indian tribal 
     government or Alaska Native entity unless the Director, in 
     consultation with the Indian tribal government or Alaska 
     Native entity, determines that additional actions such as 
     soil testing or water monitoring would be appropriate in the 
     circumstances; and
       (C) develop cost estimates for the closure and postclosure 
     maintenance of such dumps.
       (2) The inventory and evaluation authorized under paragraph 
     (1)(A) shall be carried out cooperatively with the 
     Administrator of the Environmental Protection Agency. The 
     Director shall obtain the concurrence of the Administrator in 
     the determination of relative severity made under paragraph 
     (1)(B).
       (b) Assistance.--Upon completion of the activities required 
     to be performed pursuant to subsection (a), the Director 
     shall, subject to subsection (c), provide financial and 
     technical assistance to the Indian tribal government or 
     Alaska Native entity to carry out the activities necessary 
     to--
       (1) close such dumps; and
       (2) provide for postclosure maintenance of such dumps.
       (c) Conditions.--All assistance provided pursuant to 
     subsection (b) shall be made available on a site-specific 
     basis in accordance with priorities developed by the 
     Director. Priorities on a specific Indian lands or Alaska 
     Native lands shall be developed in consultation with the 
     Indian tribal government or Alaska Native entity. The 
     priorities shall take into account the relative severity of 
     the threat to public health and the environment posed by each 
     open dump and the availability of funds necessary for closure 
     and postclosure maintenance.

     SEC. 6. CONTRACT AUTHORITY.

       (a) Authority of Director.--To the maximum extent feasible, 
     the Director shall carry out duties under this Act through 
     contracts, compacts, or memoranda of agreement with Indian 
     tribal governments or Alaska Native entities pursuant to the 
     Indian Self-Determination and Education Assistance Act (25 
     U.S.C. 450 et seq.), section 7 of the Act of August 5, 1954 
     (42 U.S.C. 2004a), or section 302 of the Indian Health Care 
     Improvement Act (25 U.S.C. 1632).
       (b) Cooperative Agreements.--The Director is authorized, 
     for purposes of carrying out the duties of the Director under 
     this Act, to contract with or enter into such cooperative 
     agreements with such other Federal agencies as is considered 
     necessary to provide cost-sharing for closure and postclosure 
     activities, to obtain necessary technical and financial 
     assistance and expertise, and for such other purposes as the 
     Director considers necessary.

     SEC. 7. TRIBAL DEMONSTRATION PROJECT.

       (a) In General.--The Director may establish and carry out a 
     program providing for demonstration projects involving open 
     dumps on Indian land or Alaska Native land. It shall be the 
     purpose of such projects to determine if there are unique 
     cost factors involved in the cleanup and maintenance of open 
     dumps on such land, and the extent to which advanced closure 
     planning is necessary. Under the program, the Director is 
     authorized to select no less than three Indian tribal 
     governments or Alaska Native entities to participate in such 
     demonstration projects.
       (b) Criteria.--Criteria established by the Director for the 
     selection and participation of an Indian tribal government or 
     Alaska Native entity in the demonstration project shall 
     provide that in order to be eligible to participate, an 
     Indian tribal government or Alaska Native entity must--
       (1) have one or more existing open dumps on Indian lands or 
     Alaska Native lands which are under its authority;
       (2) have developed a comprehensive solid waste management 
     plan for such lands; and
       (3) have developed a closure and postclosure maintenance 
     plan for each dump located on such lands.
       (c) Duration of Funding for a Project.--No demonstration 
     project shall be funded for more than three fiscal years.

     SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

       (a) General Authorization.--There are authorized to be 
     appropriated such sums as may be necessary to carry out this 
     Act.
       (b) Coordination.--The activities required to be performed 
     by the Director under this Act shall be coordinated with 
     activities related to solid waste and sanitation facilities 
     funded pursuant to other authorizations.

     SEC. 9. DISCLAIMERS.

       (a) Authority of Director.--Nothing in this Act shall be 
     construed to alter, diminish, repeal, or supersede any 
     authority conferred on the Director pursuant to section 302 
     of the Indian Health Care Improvement Act (25 U.S.C. 1632), 
     and section 7 of the Act of August 5, 1954 (42 U.S.C. 2004a).
       (b) Exempted Lands and Facilities.--This Act shall not 
     apply to open dump sites on Indian lands or Alaska Native 
     lands--
       (1) that comprise an area of one-half acre or less and that 
     are used by individual families on lands to which they hold 
     legal or beneficial title;
       (2) of any size that have been or are being operated for a 
     profit; or
       (3) where solid waste from an industrial process is being 
     or has been routinely disposed of at a privately owned 
     facility in compliance with applicable Federal laws.
       (c) Rules of Construction.--(1) Nothing in this Act shall 
     be construed to amend or modify the authority or 
     responsibility of the Administrator of the Environmental 
     Protection Agency under the Solid Waste Disposal Act (42 
     U.S.C. 6901 et seq.).
       (2) Nothing in this Act is intended to amend, repeal, or 
     supercede any provision of the Solid Waste Disposal Act (42 
     U.S.C. 6901 et seq.).

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Connecticut [Mr. Gejdenson] will be recognized for 20 minutes, and the 
gentleman from Wyoming [Mr. Thomas] will be recognized for 20 minutes.
  The Chair recognizes the gentleman from Connecticut [Mr. Gejdenson].


                             general leave

  Mr. GEJDENSON. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
on the Senate bill presently being considered.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Connecticut?
  There was no objection.
  Mr. GEJDENSON. Mr. Speaker, I yield myself such time as I may 
consume.
  First, I would like to commend the gentleman from Wyoming [Mr. 
Thomas] both for his efforts on this bill and the one to follow, and 
particularly on the previous bill where he played such a critical role. 
That is clearly an area that America has not recognized its native 
Americans and their contributions to our war efforts throughout the 
years.
  The bill before us is a very critical bill. It deals with over 600 
dumps that are located on Indian and native Alaskan lands. At this date 
there is no information that accurately counts either the number of 
dumps or the environmental risks they pose. Many of these dumps 
originally were constructed and operated by the Federal Government and 
then abandoned. The bill provides the Indian Health Service to conduct 
an inventory and to take appropriate actions. The bill also authorizes 
the Indian Health Service to provide technical and financial assistance 
to close dumps. The Indian Health Service is required to keep the 
Congress apprised of Indian and Alaska native solid waste deficiencies. 
IHS is also required to develop and implement a 10-year plan to address 
the solid waste disposal needs on Indian and Alaskan native lands. This 
legislation does not apply to commercial dumps, individual family 
dumps, nor does it change or alter application for Federal landfill 
requirements on Indian lands.
  Mr. Speaker, this legislation is an important first step to 
addressing the growing solid waste problem in Indian country.
  I would again like to thank the gentleman from Wyoming [Mr. Thomas], 
the gentleman from California [Chairman Miller] and the gentleman from 
Alaska [Mr. Young] for their efforts on this bill, and particularly 
Chairman Richardson, who led this effort.
  I submit two letters for the Record at this time:

                                U.S. House of Representatives,

                                  Washington, DC, October 4, 1994.
     Hon. John D. Dingell,
     Chairman, Committee on Energy and Commerce,
     U.S. House of Representatives, Washington, DC.
       Dear Mr. Chairman: I am writing to express my understanding 
     regarding S. 720, the Indian Lands Open Dump Cleanup Act of 
     1994. I recognize that S. 720 includes matters within the 
     jurisdiction of the Committee on Energy and Commerce, as it 
     has jurisdiction over ``public health and quarantine'' 
     pursuant to Rule X of the Rules of the House of 
     Representatives.
       It is also my understanding that an agreement was reached 
     between our Committees to include several provisions which 
     clarify the relationship between the EPA Administrator's 
     responsibilities under the Solid Waste Disposal Act and the 
     responsibilities of the Director of the Indian Health 
     Service. The Committee on Natural Resources is in agreement 
     with these amendments to S. 720, the Indian Lands Open Dump 
     Cleanup Act of 1994.
       I appreciate your assistance in providing for the 
     expeditious consideration of this important legislation by 
     the House of Representatives.
           Sincerely,
                                                    George Miller,
                                                         Chairman.
                                  ____



                                U.S. House of Representatives,

                                  Washington, DC, October 3, 1994.
     Hon. George Miller,
     Chairman, Committee on Natural Resources,
     Washington, DC.
       Dear Mr. Chairman: The Committee on Natural Resources has 
     ordered reported S. 720, the Indian Lands Open Dump Cleanup 
     Act of 1994 which requires the Director of Indian Health 
     Service to carry out certain activities. It is my 
     understanding that you plan to request that this bill be 
     scheduled for Floor consideration quickly.
       As you know, the Committee on Energy and Commerce, pursuant 
     to Rule X of the Rules of the House of Representatives, has 
     jurisdiction over ``public health and quarantine'' which 
     includes the Indian Health Service.
       As a result of discussions between our two Committees, an 
     understanding was reached to include several provisions in 
     the bill to clarify the relationship between the 
     Environmental Protection Agency (EPA) Administrator's 
     responsibilities under the Solid Waste Disposal Act and the 
     duties assigned to the Director of the Indian Health Service. 
     Therefore I am agreeing not to seek a sequential referral of 
     S. 720 in this instance so that the bill can be considered 
     expeditiously by the House.
       I would appreciate your including this letter as part of 
     the record during consideration of this bill by the House.
       With every good wish, I am
       Sincerely,
                                                  John D. Dingell,
                                                         Chairman.

  Mr. Speaker, I reserve the balance of my time.
  Mr. THOMAS of Wyoming. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise in support of S. 720, a bill to provide for the 
clean-up of open dumps on Indian lands.
  Many solid waste facilities on Indian lands present serious 
environmental problems for Indian tribes, and these problems are among 
the most serious threats to public health and the environment. As the 
members of the subcommittee will recall, they saw one of these dumps 
when the subcommittee toured the Wind River Reservation in Wyoming. No 
more than an open pit gouged into a hill side, it contained garbage, 
appliances, toxic and chemical waste, and even the carcasses of dead 
livestock, all left by residents and nonresidents of the Reservation. 
Pits like these exist on reservations across the country. Yet tribes 
lack the financial and technical resources to deal with the problem. 
Instead, all they have are unfunded mandates from Congress requiring 
them to clean up the problem or face civil and criminal penalties.
  For example, the EPA has promulgated regulations requiring tribes to 
undergo expensive clean-up operations, but provides no mechanism by 
which the tribes can finance those operations. Of course, this is 
nothing new--the Federal government is continually imposing similar 
unfunded mandates on cities and States all over the country. However, 
these mandates are particularly onerous on the tribes, which are 
significantly poorer than, and have few of the revenue raising 
capabilities of, most municipalities or county or State governments.
  I hope that S. 720 will help solve this problem. I urge my colleagues 
to support it.
  Mr. RICHARDSON. Mr. Speaker, the problems associated with solid waste 
disposal on Indian lands are among the most serious threats to public 
health and the environment facing Indian tribes. There are over 600 
open dump sites located on Indian and Alaska Native lands which will 
cost over $144 million to cleanup. Yet, we do not have the data to 
determine accurately the number of open dumps in Indian country, the 
scope of the health and environmental risks posed by these dumps, and 
the overall need for comprehensive solid waste management on Indian 
lands.
  Many of these dumps were originally constructed and operated by the 
Federal government and yet there has been little Federal assistance to 
cleanup these sites. There is a continuing obligation on the part of 
the Federal government to ensure that these landfills meet current 
Federal standards. This Federal responsibility was recognized by the 
courts and must be recognized and reaffirmed by the Congress.
  Mr. Speaker, S. 720 authorizes the Indian Health Service to conduct 
an inventory of open dumps on Indian and Alaska Native lands and to 
determine the threats posed to public health and the environment by the 
dumps. The bill also authorizes the Indian Health Service to provide 
technical and financial assistance to close such dumps or provide for 
postclosure maintenance of such dumps.
  The IHS is required to annually report to the Congress the priority 
of Indian and Alaska Native solid waste deficiencies. IHS is also 
required to develop and implement a 10 year plan to address solid waste 
disposal needs on Indian and Alaska Native lands. This legislation does 
not apply to commercial dumps or individual family dumps nor does it 
change or alter the application of Federal landfill requirements to 
Indian lands.
  This legislation is an important first step in addressing the growing 
solid waste problem in Indian country.
  I would like to thank the Gentleman from Wyoming, the Chairman and 
the Ranking Member of the Full committee for their hard work on this 
legislation and for ensuring that the solid waste problems of Indian 
and Alaska Native people are addressed and I urge my colleagues to 
support this legislation.
  Mr. THOMAS of Wyoming. Mr. Speaker, I have no further requests for 
time, and I yield back the balance of my time.
  MR. GEJDENSON. Mr. Speaker, I have no further requests for time, and 
I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Connecticut [Mr. Gejdenson] that the House suspend the 
rules and pass the Senate bill, S. 720, as amended.
  The question was taken.
  Mr. WALKER. Mr. Speaker, I object to the vote on the ground that a 
quorum is not present and make the point of order that a quorum is not 
present.
  The SPEAKER pro tempore. Pursuant to clause 5 of rule I, and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.
  The point of order of no quorum is considered withdrawn.

                          ____________________