§3902. Definitions

For the purposes of this chapter, the following definitions shall apply:

(1) Closure or close

The term "closure or close" means the termination of operations at open dumps on Indian land or Alaska Native land and bringing such dumps into compliance with applicable Federal standards and regulations, or standards promulgated by an Indian tribal government or Alaska Native entity, if such standards are more stringent than the Federal standards and regulations.

(2) Director

The term "Director" means the Director of the Indian Health Service.

(3) Indian land

The term "Indian land" means-

(A) land within the limits of any Indian reservation under the jurisdiction of the United States Government, notwithstanding the issuance of any patent, and including rights-of-way running through the reservation;

(B) dependent Indian communities within the borders of the United States whether within the original or subsequently acquired territory thereof, and whether within or without the limits of a State; and

(C) Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through such allotments.

(4) Alaska Native land

The term "Alaska Native land" means (A) land conveyed or to be conveyed pursuant to the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.], including any land reconveyed under section 14(c)(3) of that Act (43 U.S.C. 1613(c)(3)), and (B) land conveyed pursuant to the Act of November 2, 1966 (16 U.S.C. 1151 et seq.; commonly known as the "Fur Seal Act of 1966").

(5) Indian tribal government

The term "Indian tribal government" means the governing body of any Indian tribe, band, nation, pueblo, or other organized group or community which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.

(6) Alaska Native entity

The term "Alaska Native entity" includes native corporations established pursuant to the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.] and any Alaska Native village or municipal entity which owns Alaska Native land.

(7) Open dump

The term "open dump" means any facility or site where solid waste is disposed of which is not a sanitary landfill which meets the criteria promulgated under section 4004 of the Solid Waste Disposal Act (42 U.S.C. 6944) and which is not a facility for disposal of hazardous waste.

(8) Postclosure maintenance

The term "postclosure maintenance" means any activity undertaken at a closed solid waste management facility on Indian land or on Alaska Native land to maintain the integrity of containment features, monitor compliance with applicable performance standards, or remedy any situation or occurrence that violates regulations promulgated pursuant to subtitle D of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.).

(9) Service

The term "Service" means the Indian Health Service.

(10) Solid waste

The term "solid waste" has the meaning provided that term by section 1004(27) of the Solid Waste Disposal Act (42 U.S.C. 6903) and any regulations promulgated thereunder.

( Pub. L. 103–399, §3, Oct. 22, 1994, 108 Stat. 4164 ; Pub. L. 104–109, §5, Feb. 12, 1996, 110 Stat. 764 .)

Editorial Notes

References in Text

The Alaska Native Claims Settlement Act, referred to in pars. (4) and (6), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688 , which is classified generally to chapter 33 (§1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables.

The Fur Seal Act of 1966, referred to in par. (4), is Pub. L. 89–702, Nov. 2, 1966, 80 Stat. 1091 , which is classified principally to chapter 24 (§1151 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see Short Title note set out under section 1151 of Title 16 and Tables.

The Solid Waste Disposal Act, referred to in par. (8), 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 . Subtitle D of the Act is classified generally to subchapter IV (§6941 et seq.) of chapter 82 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.

Amendments

1996-Par. (7). Pub. L. 104–109 substituted "section 4004 of the Solid Waste Disposal Act (42 U.S.C. 6944)" for "section 6944 of the Solid Waste Disposal Act (42 U.S.C. 6941 et seq.)".