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§ 3904. —  Authority of Director of Indian Health Service.



[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 25USC3904]

 
                            TITLE 25--INDIANS
 
               CHAPTER 41--INDIAN LANDS OPEN DUMP CLEANUP
 
Sec. 3904. Authority of Director of 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) of this section, the Director shall, subject to 
subsection (c) of this section, 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) of this section 
shall be made available on a site-specific basis in accordance with 
priorities developed by the Director. Priorities on 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.

(Pub. L. 103-399, Sec. 5, Oct. 22, 1994, 108 Stat. 4166.)



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