
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC4368b]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 55--NATIONAL ENVIRONMENTAL POLICY
 
                SUBCHAPTER III--MISCELLANEOUS PROVISIONS
 
Sec. 4368b. General assistance program


(a) Short title

    This section may be cited as the ``Indian Environmental General 
Assistance Program Act of 1992''.

(b) Purposes

    The purposes of this section are to--
        (1) provide general assistance grants to Indian tribal 
    governments and intertribal consortia to build capacity to 
    administer environmental regulatory programs that may be delegated 
    by the Environmental Protection Agency on Indian lands; and
        (2) provide technical assistance from the Environmental 
    Protection Agency to Indian tribal governments and intertribal 
    consortia in the development of multimedia programs to address 
    environmental issues on Indian lands.

(c) Definitions

    For purposes of this section:
        (1) The term ``Indian tribal government'' means any Indian 
    tribe, band, nation, or other organized group or community, 
    including any Alaska Native village or regional or village 
    corporation (as defined in, or established pursuant to, the Alaska 
    Native Claims Settlement Act (43 U.S.C.A. 1601, et seq.)), which is 
    recognized as eligible for the special services provided by the 
    United States to Indians because of their status as Indians.
        (2) The term ``intertribal consortia'' or ``intertribal 
    consortium'' means a partnership between two or more Indian tribal 
    governments authorized by the governing bodies of those tribes to 
    apply for and receive assistance pursuant to this section.
        (3) The term ``Administrator'' means the Administrator of the 
    Environmental Protection Agency.

(d) General assistance program

    (1) The Administrator of the Environmental Protection Agency shall 
establish an Indian Environmental General Assistance Program that 
provides grants to eligible Indian tribal governments or intertribal 
consortia to cover the costs of planning, developing, and establishing 
environmental protection programs consistent with other applicable 
provisions of law providing for enforcement of such laws by Indian 
tribes on Indian lands.
    (2) Each grant awarded for general assistance under this subsection 
for a fiscal year shall be no less than $75,000, and no single grant may 
be awarded to an Indian tribal government or intertribal consortium for 
more than 10 percent of the funds appropriated under subsection (h) of 
this section.
    (3) The term of any general assistance award made under this 
subsection may exceed one year. Any awards made pursuant to this section 
shall remain available until expended. An Indian tribal government or 
intertribal consortium may receive a general assistance grant for a 
period of up to four years in each specific media area.

(e) No reduction in amounts

    In no case shall the award of a general assistance grant to an 
Indian tribal government or intertribal consortium under this section 
result in a reduction of Environmental Protection Agency grants for 
environmental programs to that tribal government or consortium. Nothing 
in this section shall preclude an Indian tribal government or 
intertribal consortium from receiving individual media grants or 
cooperative agreements. Funds provided by the Environmental Protection 
Agency through the general assistance program shall be used by an Indian 
tribal government or intertribal consortium to supplement other funds 
provided by the Environmental Protection Agency through individual media 
grants or cooperative agreements.

(f) Expenditure of general assistance

    Any general assistance under this section shall be expended for the 
purpose of planning, developing, and establishing the capability to 
implement programs administered by the Environmental Protection Agency 
and specified in the assistance agreement. Purposes and programs 
authorized under this section shall include the development and 
implementation of solid and hazardous waste programs for Indian lands. 
An Indian tribal government or intertribal consortium receiving general 
assistance pursuant to this section shall utilize such funds for 
programs and purposes to be carried out in accordance with the terms of 
the assistance agreement. Such programs and general assistance shall be 
carried out in accordance with the purposes and requirements of 
applicable provisions of law, including the Solid Waste Disposal Act (42 
U.S.C. 6901 et seq.).

(g) Procedures

    (1) Within 12 months following October 24, 1992, the Administrator 
shall promulgate regulations establishing procedures under which an 
Indian tribal government or intertribal consortium may apply for general 
assistance grants under this section.
    (2) The Administrator shall publish regulations issued pursuant to 
this section in the Federal Register.
    (3) The Administrator shall establish procedures for accounting, 
auditing, evaluating, and reviewing any programs or activities funded in 
whole or in part for a general assistance grant under this section.

(h) Authorization

    There are authorized to be appropriated to carry out the provisions 
of this section, such sums as may be necessary for each of the fiscal 
years 1993, 1994, 1995, 1996, 1997, and 1998.

(i) Report to Congress

    The Administrator shall transmit an annual report to the appropriate 
Committees of the Congress with jurisdiction over the applicable 
environmental laws and Indian tribes describing which Indian tribes or 
intertribal consortia have been granted approval by the Administrator 
pursuant to law to enforce certain environmental laws and the 
effectiveness of any such enforcement.

(Pub. L. 95-134, title V, Sec. 502, as added Pub. L. 102-497, Sec. 11, 
Oct. 24, 1992, 106 Stat. 3258; amended Pub. L. 103-155, Nov. 24, 1993, 
107 Stat. 1523; Pub. L. 104-233, Sec. 1, Oct. 2, 1996, 110 Stat. 3057.)

                       References in Text

    The Alaska Native Claims Settlement Act, referred to in subsec. 
(c)(1), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended, 
which is classified generally to chapter 33 (Sec. 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 Solid Waste Disposal Act, referred to in subsec. (f), is title 
II of Pub. L. 89-272, Oct. 20, 1965, 79 Stat. 997, as amended generally 
by Pub. L. 94-580, Sec. 2, Oct. 21, 1976, 90 Stat. 2795, which is 
classified generally to chapter 82 (Sec. 6901 et seq.) of this title. 
For complete classification of this Act to the Code, see Short Title 
note set out under section 6901 of this title and Tables.

                          Codification

    Section was enacted as the Indian Environmental General Assistance 
Program Act of 1992 and as part of the Omnibus Territories Act of 1977, 
and not as part of the National Environmental Policy Act of 1969 which 
comprises this chapter.


                               Amendments

    1996--Subsec. (h). Pub. L. 104-233 substituted ``such sums as may be 
necessary'' for ``$15,000,000''.
    1993--Subsec. (d)(1). Pub. L. 103-155, Sec. 3(a), inserted 
``consistent with other applicable provisions of law providing for 
enforcement of such laws by Indian tribes'' after ``programs''.
    Subsec. (f). Pub. L. 103-155, Sec. 3(b), inserted at end ``Such 
programs and general assistance shall be carried out in accordance with 
the purposes and requirements of applicable provisions of law, including 
the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).''
    Subsec. (h). Pub. L. 103-155, Sec. 1, substituted ``, 1994, 1995, 
1996, 1997, and 1998'' for ``and 1994''.
    Subsec. (i). Pub. L. 103-155, Sec. 2, added subsec. (i).

                  Section Referred to in Other Sections

    This section is referred to in title 29 section 708.
