Tanks on tribal lands

Source Credit

(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.

History

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