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42 U.S.C. § 6991l — Tanks on tribal lands

submitted 21 years ago by Pub. L. 89-272 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 237 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Administrator must create a strategy for tank releases and requirements on tribal lands. The section also requires a public report and preserves certain State authority.

(a) In coordination with Indian tribes and within 1 year after August 8, 2005, the Administrator must develop and carry out a strategy that prioritizes releases posing the greatest health or environmental threat for corrective action when tanks are wholly within an Indian reservation or another area under tribal jurisdiction, and implements and enforces tank requirements there.

(b) Within 2 years, the Administrator must report to Congress on implementation and enforcement in those reservation and tribal-jurisdiction areas and make the report public.

(c) This section does not excuse any duty under this subchapter.

(d) It does not apply to a tank in a State-jurisdiction area or subject to State regulation as of August 8, 2005.

the actual law source: uscode.house.gov ↗public domain
(a) Strategy

The Administrator, in coordination with Indian tribes, shall, not later than 1 year after August 8, 2005, develop and implement a strategy—

(1)

giving priority to releases that present the greatest threat to human health or the environment, to take necessary corrective action in response to releases from leaking underground storage tanks located wholly within the boundaries of—

(A)

an Indian reservation; or

(B)

any other area under the jurisdiction of an Indian tribe; and

(2)

to implement and enforce requirements concerning underground storage tanks located wholly within the boundaries of—

(A)

an Indian reservation; or

(B)

any other area under the jurisdiction of an Indian tribe.

(b) Report

Not later than 2 years after August 8, 2005, the Administrator shall submit to Congress a report that summarizes the status of implementation and enforcement of this subchapter in areas located wholly within—

(1)

the boundaries of Indian reservations; and

(2)

any other areas under the jurisdiction of an Indian tribe.

The Administrator shall make the report under this subsection available to the public.

(c) Not a safe harbor

This section does not relieve any person from any obligation or requirement under this subchapter.

(d) State authority

Nothing in this section applies to any underground storage tank that is located in an area under the jurisdiction of a State, or that is subject to regulation by a State, as of August 8, 2005.

Source credit: (Pub. L. 89–272, title II, § 9013, as added Pub. L. 109–58, title XV, § 1529(a), Aug. 8, 2005, 119 Stat. 1101.)

history & why it existsrecord from the source credit
  • 2005Enacted · Pub. L. 89-272 · 119 Stat. 1101

A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-272 on 2005-08-08.

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