---
kind: "section"
citation: "25 U.S.C. § 3904"
title: "25"
title_heading: "Indians"
number: "3904"
heading: "Authority of Director of Indian Health Service"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/25/3904"
units:
  - "Chapter 41 — Indian Lands Open Dump Cleanup"
---

# §3904. Authority of Director of Indian Health Service

- (a) **Reservation inventory—**
  - (1) Upon request by an [Indian tribal government](/usc/25/3902.md?p=5) or [Alaska Native entity](/usc/25/3902.md?p=6), the [Director](/usc/25/3902.md?p=2) shall—
    - (A) conduct an inventory and evaluation of the contents of [open dumps](/usc/25/3902.md?p=7) on the [Indian lands](/usc/25/3902.md?p=3) or [Alaska Native lands](/usc/25/3902.md?p=4) which are subject to the authority of the [Indian tribal government](/usc/25/3902.md?p=5) or [Alaska Native entity](/usc/25/3902.md?p=6);
    - (B) determine the relative severity of the threat to public health and the environment posed by each dump based on information available to the [Director](/usc/25/3902.md?p=2) and the [Indian tribal government](/usc/25/3902.md?p=5) or [Alaska Native entity](/usc/25/3902.md?p=6) unless the [Director](/usc/25/3902.md?p=2), in consultation with the [Indian tribal government](/usc/25/3902.md?p=5) or [Alaska Native entity](/usc/25/3902.md?p=6), determines that additional actions such as soil testing or water monitoring would be appropriate in the circumstances; and
    - (C) develop cost estimates for the closure and [postclosure maintenance](/usc/25/3902.md?p=8) of such dumps.
  - (2) The inventory and evaluation authorized under [paragraph (1)(A)](#a-1-A) shall be carried out cooperatively with the Administrator of the Environmental Protection Agency. The [Director](/usc/25/3902.md?p=2) shall obtain the concurrence of the Administrator in the determination of relative severity made under [paragraph (1)(B)](#a-1-B).
- (b) **Assistance—** Upon completion of the activities required to be performed pursuant to [subsection (a)](#a), the [Director](/usc/25/3902.md?p=2) shall, subject to [subsection (c)](#c), provide financial and technical assistance to the [Indian tribal government](/usc/25/3902.md?p=5) or [Alaska Native entity](/usc/25/3902.md?p=6) to carry out the activities necessary to—
  - (1) close such dumps; and
  - (2) provide for [postclosure maintenance](/usc/25/3902.md?p=8) of such dumps.
- (c) **Conditions—** All assistance provided pursuant to [subsection (b)](#b) shall be made available on a site-specific basis in accordance with priorities developed by the [Director](/usc/25/3902.md?p=2). Priorities on specific [Indian lands](/usc/25/3902.md?p=3) or [Alaska Native lands](/usc/25/3902.md?p=4) shall be developed in consultation with the [Indian tribal government](/usc/25/3902.md?p=5) or [Alaska Native entity](/usc/25/3902.md?p=6). The priorities shall take into account the relative severity of the threat to public health and the environment posed by each [open dump](/usc/25/3902.md?p=7) and the availability of funds necessary for closure and [postclosure maintenance](/usc/25/3902.md?p=8).

## Source credit

(Pub. L. 103–399, § 5, Oct. 22, 1994, 108 Stat. 4166.)