§3908 — Title 25 Indians | U.S. Code

Summary

Keeps the Director’s existing powers under section 1632 of this title and section 2004a of title 42 unchanged. It also says the chapter does not apply to three kinds of open dump sites on Indian lands or Alaska Native lands: small family-used sites of one-half acre or less on land they own or hold beneficial title; any site run for profit; and privately owned facilities that routinely accept industrial-process waste while following federal law. It also does not change or override the EPA Administrator’s duties under the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), and it does not amend, repeal, or supersede that Act.

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