§ 3902. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC3902]
TITLE 25--INDIANS
CHAPTER 41--INDIAN LANDS OPEN DUMP CLEANUP
Sec. 3902. Definitions
For the purposes of this chapter, 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. 1601 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. 1601 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 4004 of the Solid Waste
Disposal Act (42 U.S.C. 6944) 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.
(Pub. L. 103-399, Sec. 3, Oct. 22, 1994, 108 Stat. 4164; Pub. L. 104-
109, Sec. 5, Feb. 12, 1996, 110 Stat. 764.)
References in Text
The Alaska Native Claims Settlement Act, referred to in pars. (4)
and (6), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended,
which is classified generally to chapter 33 (Sec. 1601 et seq.) of Title
43, Public Lands. For complete classification of this Act to the Code,
see Short Title note set out under section 1601 of Title 43 and Tables.
The Fur Seal Act of 1966, referred to in par. (4), is Pub. L. 89-
702, Nov. 2, 1966, 80 Stat. 1091, as amended, which is classified
principally to chapter 24 (Sec. 1151 et seq.) of Title 16, Conservation.
For complete classification of this Act to the Code, see Short Title
note set out under section 1151 of Title 16 and Tables.
The Solid Waste Disposal Act, referred to in par. (8), is title II
of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as amended generally by
Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2795, Subtitle D of the
Act is classified generally to subchapter IV (Sec. 6941 et seq.) of
chapter 82 of Title 42, The Public Health and Welfare. For complete
classification of this Act to the Code, see Short Title note set out
under section 6901 of Title 42 and Tables.
Amendments
1996--Par. (7). Pub. L. 104-109 substituted ``section 4004 of the
Solid Waste Disposal Act (42 U.S.C. 6944)'' for ``section 6944 of the
Solid Waste Disposal Act (42 U.S.C. 6941 et seq.)''.
