U.S. Code » Title 25 » Chapter CHAPTER 41— INDIAN LANDS OPEN DUMP CLEANUP

25 U.S.C. § 3904

Authority of Director of Indian Health Service

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(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) AssistanceUpon 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.

(Pub. L. 103–399, § 5, Oct. 22, 1994, 108 Stat. 4166.)
Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2011–2021 · leading case: El Paso Nat. Gas Co. v. United States, 750 F.3d 863 (D.C. Cir. 2014).
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El Paso Nat. Gas Co. v. United States, 750 F.3d 863 (D.C. Cir. 2014). · cites it 4× “In particular, the Tribe relies on 25 U.S.C. § 3904 . This provision directs the Indian Health Service to “provide financial and technical assistance to the Indian tribal government .”
El Paso Nat. Gas Co. v. United States, 774 F. Supp. 2d 40 (D.D.C. 2011). · cites it 5× “25 U.S.C. § 3904 . The Tribe argues that these statutory obligations, together with various Navajo tribal laws made applicable through AIAR-MA and defendant’s general trust duty owed to the Navajo Nation create enforceable duties, which defendant has failed to fulfill.”
White Mountain Apache Tribe v. United States (Fed. Cl. 2021). · cites it 4× “25 U.S.C. § 3904 (a)(1). 3 Section 3904 provides in relevant part: (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…”
El Paso Nat. Gas Co. v. United States of Am. (D.D.C. 2011). · cites it 5× “25 U.S.c. § 3904. The Tribe argues that these statutory obligations, together with various Navajo tribal laws made applicable through AIARMA and defendant's general trust duty owed to the Navajo Nation create enforceable duties, which defendant has failed to fulfill.”
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