
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: 42USC9626]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
  CHAPTER 103--COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND 
                                LIABILITY
 
  SUBCHAPTER I--HAZARDOUS SUBSTANCES RELEASES, LIABILITY, COMPENSATION
 
Sec. 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.

(Pub. L. 96-510, title I, Sec. 126, as added Pub. L. 99-499, title II, 
Sec. 207(e), Oct. 17, 1986, 100 Stat. 1706.)
