Indian Tribal Government Waste Management Act of 1992

Summary

Indian Tribal Government Waste Management Act of 1991 - Declares that the Congress recognizes the inherent authority of an Indian tribal government, subject to standards and criteria under this Act and the Solid Waste Disposal Act (SWDA), to develop, construct, operate, close, maintain after closure, license, and regulate facilities for solid and other waste generated on Indian lands over which an Indian tribal government exercises governmental authority. Authorizes any Indian tribal government that conducts activities or is responsible for facilities that are not in compliance with this Act and SWDA to submit to the Secretary of the Interior a remedial plan (including a specific sequence of actions or operations intended to result in compliance within a maximum five-year period). Directs the Secretary to review and approve such plan if it is reasonable likely to succeed. Makes such Indian tribal government immune from any actions to enforce certain standards and criteria under SWDA during the period the plan is being carried out, unless the Secretary finds that the Indian tribal government has failed to comply with a material requirement of the approved plan. Directs the Administrator of the U.S. Environmental Protection Agency, in cooperation with the Secretary and the Director of the Indian Health Service, to: (1) inventory and report to the Congress on Indian lands on which hazardous waste has been stored or disposed of, including open dumps; (2) assist Indian tribal governments in upgrading open dumps to comply with the requirements of this Act and SWDA; and (3) establish a program of technical assistance for Indian tribal governments and Alaska Native Village and Regional Corporations to address solid and hazardous waste issues on Indian lands. Recognizes the inherent authority of Indian tribal governments to develop, construct, operate, close, maintain, license, and regulate facilities for waste generated outside of Indian lands under the tribe's jurisdiction under specified circumstances. Authorizes an Indian tribal government to import interstate waste if it is not lawfully prohibited by the State in which the tribal lands are located. Permits the Indian tribal government to import solid waste if it imposes conditions on such importation substantially similar to those lawfully imposed by such State. Authorizes an Indian tribal government to enter into any vendor contract or agreement for the development, construction, operation, management, closure, and maintenance after closure, of a waste facility on Indians lands within its jurisdiction. Requires the Secretary to review such vendor contract and approve it if certain standards are met. Deems such contract approved if the Secretary fails to approve or disapprove it within a specified time. Directs the Secretary to promulgate regulations to: (1) authorize Indian tribal governments to establish by contract a system of graduated penalties for vendor contract violations; (2) establish criteria for determining the fair market value of land used for the development and operation of a waste management facility; and (3) implement this Act. Sets forth penalties for violations of this Act. States that it is the intent of the Congress that the remaining sections or provisions of this Act shall continue in full force and effect if any provision of this Act is held invalid. Authorizes appropriations. Provides for judicial review of the Secretary's decisions relating to this Act.

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Documents

4 official files

• Reported to Senate (text)

  Reported to Senate · EN

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• Introduced in Senate (text)

  Introduced in Senate · EN

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• Reported to Senate with amendment(s)

  summary · EN · 12 August 1992

  Open at official source

• Introduced in Senate

  summary · EN · 2 August 1991

  Open at official source

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