Title 25, IndiansRelease 119-110

§3904 Authority of Director of Indian Health Service

Title 25 › CHAPTER 41 — INDIAN LANDS OPEN DUMP CLEANUP › § 3904

Last updated Sep 22, 2026|Official source

Summary

When an Indian tribal government or Alaska Native entity asks, the Director of the Indian Health Service must look into open dumps on their lands. The Director must check what is in each dump, decide how dangerous each one is to people and the environment (and can do extra tests if needed with the tribe), and work out cost estimates for closing the dump and for care after it is closed. The Director must do the inventory together with the Environmental Protection Agency and get the EPA’s agreement on the danger levels. After those steps, the Director must give money and technical help to close dumps and to do post-closure maintenance. Help is given for specific sites only. The Director sets priorities with the tribe. Those priorities must consider how dangerous each dump is and how much funding is available.

Full Legal Text

Title 25, §3904

Indians, Source: USLM XML via OLRC

(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), the Director shall, subject to subsection (c), 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) 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.

Reference

Citations & Metadata

Citation

25 U.S.C. § 3904

Title 25, Indians

Last Updated

Sep 22, 2026

Release point: 119-110