Sec. 405. Authorization of appropriations for superfund actions at abandoned mining sites on Tribal land
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In this section: The term eligible non-NPL site means a site— that is not on the National Priorities List; but with respect to which the Administrator determines that— the site would be eligible for listing on the National Priorities List based on the presence of hazards from contamination at the site, applying the hazard ranking system described in section 105(c) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9605(c) ); and for removal site evaluations, engineering evaluations/cost analyses, remedial planning activities, remedial investigations and feasibility studies, and other actions taken pursuant to section 104(b) of that Act ( 42 U.S.C. 9604 ), the site— has undergone a pre-CERCLA screening; and is included in the Superfund Enterprise Management System.
The term Indian Tribe has the meaning given the term Indian tribe in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 ). The term National Priorities List means the National Priorities List developed by the President in accordance with section 105(a)(8)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9605(a)(8)(B) ). The terms remedial action , removal , and response have the meanings given those terms in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 ).
The term Tribal land has the meaning given the term Indian country in section 1151 of title 18, United States Code. There are authorized to be appropriated for each of fiscal years 2023 through 2032, to remain available until expended— $97,000,000 to the Administrator to carry out this section (except for subsection (d)); and $3,000,000 to the Administrator of the Agency for Toxic Substances and Disease Registry to carry out subsection (d). Amounts appropriated under subsection (b)(1) shall be used by the Administrator— to carry out removal actions on abandoned mine land located on Tribal land; to carry out response actions, including removal and remedial planning activities, removal and remedial studies, remedial actions, and other actions taken pursuant to section 104(b) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604(b) ) on abandoned mine land located on Tribal land at— eligible non-NPL sites; and sites listed on the National Priorities List; and to make grants under subsection (e).
Subject to the availability of appropriations, the Agency for Toxic Substances and Disease Registry, in coordination with Tribal health authorities, shall perform 1 or more health assessments at each eligible non-NPL site that is located on Tribal land, in accordance with section 104(i)(6) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604(i)(6) ). The Administrator may use amounts appropriated under subsection (b)(1) to make grants to eligible entities described in paragraph
(2)for the purposes described in paragraph (3). An eligible entity referred to in paragraph
(1)is— the governing body of an Indian Tribe; or a legally established organization of Indians that— is controlled, sanctioned, or chartered by the governing bodies of 2 or more Indian Tribes to be served, or that is democratically elected by the adult members of the Indian community to be served, by that organization; and includes the maximum participation of Indians in all phases of the activities of that organization. A grant under this subsection shall be used— in accordance with the second sentence of section 117(e)(1) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9617(e)(1) ); for obtaining technical assistance in carrying out response actions under subparagraph (C); or for carrying out response actions, if the Administrator determines that the Indian Tribe has the capability to carry out any or all of those response actions in accordance with the criteria and priorities established pursuant to section 105(a)(8) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9605(a)(8) ). An eligible entity desiring a grant under this subsection shall submit to the Administrator an application at such time, in such manner, and containing such information as the Administrator may require. A grant under this subsection shall be governed by the rules, procedures, and limitations described in section 117(e)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9617(e)(2) ), except that— Administrator of the Environmental Protection Agency shall be substituted for President each place it appears in that section; and in the first sentence of that section, under section 405 of the shall be substituted for ADVANCE Act of 2023 under this subsection . If a remedial action described in subsection (c)(2) is scheduled at an eligible non-NPL site, no action may be commenced for damages (as defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 )) with respect to that eligible non-NPL site unless the action is commenced within the timeframe provided for such actions with respect to facilities on the National Priorities List in the first sentence of the matter following subparagraph
(B)of section 113(g)(1) of that Act ( 42 U.S.C. 9613(g)(1) ). The Administrator shall coordinate with the Indian Tribe on whose land the applicable site is located in— selecting and prioritizing sites for response actions under paragraphs
(1)and
(2)of subsection (c); and carrying out those response actions.
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Sec. 405
Authorization of appropriations for superfund actions at abandoned mining sites on Tribal land
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