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legislation: 102-s-1687

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bill_id congress bill_type bill_number title policy_area introduced_date latest_action_date latest_action_text origin_chamber sponsor_name sponsor_state sponsor_party sponsor_bioguide_id cosponsor_count summary_text update_date url
102-s-1687 102 s 1687 Indian Tribal Government Waste Management Act of 1992 Native Americans 1991-08-02 1992-08-12 Placed on Senate Legislative Calendar under General Orders. Calendar No. 625. Senate Sen. McCain, John [R-AZ] AZ R M000303 7 Indian Tribal Government Waste Management Act of 1992 - Title I: Tribal Waste Facilities - Declares that the Congress recognizes: (1) 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 land; and (2) tribal rights to independently enforce such authority judicially or administratively. States that a tribal government is responsible for bringing tribal waste facilities into compliance with this Act or SWDA. Requires a tribal government to submit a tribal waste management plan to the Administrator of the Environmental Protection Agency (Administrator). Stipulates that a tribal government may elect not to submit such plan in favor of the Administrator's undertaking tribal waste management activities. Sets forth plan contents, including provision for noncomplying facilities and a prioritized listing of facilities requiring remedial action. Amends SWDA to prohibit a private suit under such Act against an Indian tribal government for a period of 24 months after enactment of this Act, and for an additional five years while a tribal government is carrying out a tribal waste management plan. Stipulates that such prohibition shall not bar an action for: (1) injunctive or other extraordinary relief to ensure compliance; or (2) a criminal prosecution. Directs the Administrator to: (1) assist tribal governments in determining their responsibility for noncomplying tribal waste facilities; (2) promulgate development guidelines and approval criteria for tribal waste management plans; (3) report to the Congress regarding waste sites on Indian land; and (4) assist tribal governments in upgrading or closing noncomplying open dumps and sanitary landfills. Title II: Commercial Waste Management Facilities - Authorizes a tribal government, subject to Administrator approval, to conduct hazardous waste and commercial solid waste programs. Authorizes a tribal government, subject to approval of the Secretary of the Interior (Secretary) and recommendation by the Administrator, to enter into vendor contracts for waste facility development and management. Sets forth criteria for the Secretary's review and approval of a vendor contract. Sets forth penalties for violations of this Act. Grants tribal governments concurrent civil jurisdiction to enforce tribal waste management regulations or vendor contracts. Provides for deferral of Federal enforcement upon tribal request. Title III: Miscellaneous Provisions - Directs the Administrator to provide tribal governments with solid and hazardous waste technical assistance. Authorizes the Administrator to provide grants to eligible tribal governments for: (1) tribal waste management plan and waste facilities development and maintenance; and (2) enforcement. Makes it unlawful for a vendor to: (1) make false statements or conceal facts; or (2) knowingly violate any provision of this Act. Establishes criminal penalties for such offenses. Makes unlawful and establishes criminal penalties for unauthorized disposal of waste on Indian land. Authorizes a resident of Indian land or a tribal government to bring a civil action against an individual for unauthorized waste disposal. Authorizes permanent appropriations to carry out this Act. 2025-06-20T19:33:16Z  

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