§9626 Indian tribes

Summary

Gives tribal governments many of the same rights and roles that States have in the hazardous waste cleanup program. Tribal leaders must get the same kinds of notice, consultation, access to information, health authority, and chance to set cleanup priorities under the national plan as States do. This does not include the rule that requires at least one facility per State to be on the National Priorities List. If the President decides that the only proper cleanup is to move tribal members away from a contaminated site because it is cost effective and needed to protect their health, the tribe must agree before any relocation happens. The President, working with the Secretary of the Interior, must make sure the tribe gets all relocation benefits and suitable replacement land. Any land bought for relocation must be held in trust by the United States for the tribe. The President must also survey hazardous waste sites on Indian lands with tribal input and put the results and program recommendations in a report sent to Congress with the President’s budget for fiscal year 1988. A tribe’s legal action under this chapter is not blocked until either the normal time limit runs out or 2 years after the United States, acting as the tribe’s trustee, gives written notice it will not act for the tribe or fails to act within the time allowed.