§ 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.)