Page:United States Statutes at Large Volume 100 Part 2.djvu/604

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PUBLIC LAW 99-000—MMMM. DD, 1986

100 STAT. 1706

., 42 USC 9611.

PUBLIC LAW 99-499—OCT. 17, 1986 inconsistent with the fiduciary duty of the United States with respect to such Indian tribe". (D) Insert "or the Indian tribe" after "State government". (3) In subsection (i) insert "or Indian tribe" after "State" the first time it appears. (4) In subsection (j) insert "or Indian tribe" after "State" the first time it appears. (d) NATURAL RESOURCES CLAIMS, DELEGATION, ETC.—Section 111 of

CERCLA is amended as follows: (1) In subsection (b), insert before the period at the end thereof the following: ", or by any Indian tribe or by the United States acting on behalf of any Indian tribe for natural resources belonging to, managed by, controlled by, or appertaining to such tribe, or held in trust for the benefit of such tribe, or belonging to a member of such tribe if such resources are subject to a trust , restriction on alienation"; (2) In subsection (c)(2) insert "or Indian tribe" after "State". (3) In subsection (f) insert "or Indian tribe" after "State"; and (4) In subsection (i) insert after "State," the following: "and by the governing body of any Indian tribe having sustained damage to natural resources belonging to, managed by, controlled by, or appertaining to such tribe, or held in trust for the benefit of such tribe, or belonging to a member of such tribe if such resources are subject to a trust restriction on alienation,". (e) TREATMENT OF TRIBES GENERALLY.—Title I of CERCLA is amended by adding the following new section after section 125: 42 USC 9626.

42 USC 9603. 42 USC 9604. Ante, p. 1636; 42 u s e 9605.

President of U.S. Health and medical care.

Real property.

President of U.S. Reports.

"SEC. 126. 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 103(a) (regarding notification of releases), section 104(c)(2) (regarding consultation on remedial actions), section 104(e) (regarding access to information), section 104(i) (regarding health authorities) and section 105 (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 lajids. Such survey shall be included within a report which shall make recommendations on the program needs of tribes under this Act, with particular empheisis 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.