Title 25 — Indians
Chapter 41 — Indian Lands Open Dump Cleanup
§ 3908. Disclaimers
Statutory text
Authority of Director
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.
Exempted lands and facilities
This chapter shall not apply to open dump sites on Indian lands or Alaska Native lands—
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;
of any size that have been or are being operated for a profit; or
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.
Rules of construction
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.).
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.).
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Indian Lands Open Dump Cleanup Act of 1994
Pub. L. 103–399 § 9 · 108 Stat. 4164
Enacted · 25 U.S.C. § 3908
(Pub. L. 103–399, § 9, Oct. 22, 1994, 108 Stat. 4168.)
Source evidence
Code source credit
(Pub. L. 103–399, § 9, Oct. 22, 1994, 108 Stat. 4168.)Enacted provision · exact public law section
SEC. 9. DISCLAIMERS. (a) Authority of Director.— Nothing in this Act shall be construed to alter, diminish, repeal, or supersede any authority conferred on the Director pursuant to section 302 of the Indian Health Care Improvement Act (25 U.S.C. 1632), and section 7 of the Act of August 5, 1954 (42 U.S.C. 2004a). (b) Exempted Lands and Facilities.— This Act 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) Rules of Construction.— (1) Nothing in this Act 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 Act is intended to amend, repeal, or supersede any provision of the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
1 of 1 references resolved to an enrolled provision
Editorial Notes
References in Text
The Solid Waste Disposal Act, referred to in subsec. (c), is title II of Pub. L. 89–272, , 79 Stat. 997, as amended generally by Pub. L. 94–580, § 2, , 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.