§3908 — Title 25 Indians | U.S. Code

Summary

Keeps the Director’s powers under section 1632 and the powers under section 2004a of title 42 the same. It also does not change or replace the Environmental Protection Agency Administrator’s authority under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.). Does not apply to open dump sites on Indian or Alaska Native lands that are: one-half acre or less and used by individual families who hold legal or beneficial title; any size if run for profit; or privately owned facilities where industrial-process solid waste is routinely disposed in compliance with applicable Federal laws.

Title 25, §3908

Indians — Source: USLM XML via OLRC

(a)Nothing in this chapter shall be construed to alter, diminish, repeal, or supersede any authority conferred on the Director pursuant to section 1632 of this title, and section 2004a of title 42.

(b)This chapter 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)(1)Nothing in this chapter 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 chapter is intended to amend, repeal, or supersede any provision of the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Solid Waste Disposal Act, referred to in subsec. (c), is title II of Pub. L. 89–272, Oct. 20, 1965, 79 Stat. 997, as amended generally by Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2795, which is classified generally to chapter 82 (§ 6901 et seq.) 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.

§3908 Disclaimers