Page:United States Statutes at Large Volume 108 Part 5.djvu/677

 PUBLIC LAW 103-399 —OCT. 22, 1994 108 STAT. 4167 (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.—A ll 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. SEC. 6. CONTRACT AUTHORITY. 25 USC 3905. (a) AUTHORITY OF DIRECTOR.—To the maximum extent feasible, the Director shall carry out duties under this Act through contracts, compacts, or memoranda of agreement with Indian tribal governments or Alaska Native entities pursuant to the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.), section 7 of the Act of August 5, 1954 (42 U.S.C. 2004a), or section 302 of the Indian Health Care Improvement Act (25 U.S.C. 1632). (b) COOPERATIVE AGREEMENTS.—The Director is authorized, for purposes of carrying out the duties of the Director under this Act, to contract with or enter into such cooperative agreements with such other Federal agencies as is considered necessary to provide cost-sharing for closure and postclosure activities, to obtain necessary technical and financial assistance and expertise, and for such other purposes as the Director considers necessary. SEC. 7. TRIBAL DEMONSTRATION PROJECT. 25 USC 3906. (a) IN GENERAL.— The Director may establish and carry out a program providing for demonstration projects involving open dumps on Indian land or Alaska Native land. It shall be the purpose of such projects to determine if there are unique cost factors involved in the cleanup and maintenance of open dumps on such land, and the extent to which advanced closure planning is necessary. Under the program, the Director is authorized to select no less than three Indian tribal governments or Alaska Native entities to participate in such demonstration projects. (b) CRITERIA.— Criteria established by the Director for the selection and participation of an Indian tribal government or Alaska Native entity in the demonstration project shall provide that in order to be eligible to participate, an Indian tribal government or Alaska Native entity must— (1) have one or more existing open dumps on Indian lands or Alaska Native lands which are under its authority; (2) have developed a comprehensive solid waste management plan for such lands; and (3) have developed a closure and postclosure maintenance plan for each dump located on such lands. (c) DURATION OF FUNDING FOR A PROJECT.— NO demonstration project shall be funded for more than three fiscal years.

�