42 U.S.C. § 9626 : US Code - Section 9626: Indian tribes

Search 42 U.S.C. § 9626 : US Code - Section 9626: Indian tribes

(a) Treatment generally
The governing body of an Indian tribe shall be afforded
substantially the same treatment as a State with respect to the
provisions of section 9603(a) of this title (regarding notification
of releases), section 9604(c)(2) of this title (regarding
consultation on remedial actions), section 9604(e) of this title
(regarding access to information), section 9604(i) of this title
(regarding health authorities) and section 9605 of this title
(regarding roles and responsibilities under the national
contingency plan and submittal of priorities for remedial action,
but not including the provision regarding the inclusion of at least
one facility per State on the National Priorities List).
(b) Community relocation
Should the President determine that proper remedial action is the
permanent relocation of tribal members away from a contaminated
site because it is cost effective and necessary to protect their
health and welfare, such finding must be concurred in by the
affected tribal government before relocation shall occur. The
President, in cooperation with the Secretary of the Interior, shall
also assure that all benefits of the relocation program are
provided to the affected tribe and that alternative land of
equivalent value is available and satisfactory to the tribe. Any
lands acquired for relocation of tribal members shall be held in
trust by the United States for the benefit of the tribe.
(c) Study
The President shall conduct a survey, in consultation with the
Indian tribes, to determine the extent of hazardous waste sites on
Indian lands. Such survey shall be included within a report which
shall make recommendations on the program needs of tribes under
this chapter, with particular emphasis on how tribal participation
in the administration of such programs can be maximized. Such
report shall be submitted to Congress along with the President's
budget request for fiscal year 1988.
(d) Limitation
Notwithstanding any other provision of this chapter, no action
under this chapter by an Indian tribe shall be barred until the
later of the following:
(1) The applicable period of limitations has expired.
(2) 2 years after the United States, in its capacity as trustee
for the tribe, gives written notice to the governing body of the
tribe that it will not present a claim or commence an action on
behalf of the tribe or fails to present a claim or commence an
action within the time limitations specified in this chapter.