---
kind: "section"
citation: "25 U.S.C. § 3908"
title: "25"
title_heading: "Indians"
number: "3908"
heading: "Disclaimers"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/25/3908"
units:
  - "Chapter 41 — Indian Lands Open Dump Cleanup"
---

# §3908. Disclaimers

- (a) **Authority of Director—** Nothing in this chapter shall be construed to alter, diminish, repeal, or supersede any authority conferred on the [Director](/usc/25/3902.md?p=2) pursuant to [section 1632 of this title](/usc/25/1632.md), and [section 2004a of title 42](/usc/42/2004a.md).
- (b) **Exempted lands and facilities—** This chapter shall not apply to [open dump](/usc/25/3902.md?p=7) sites on [Indian lands](/usc/25/3902.md?p=3) or [Alaska Native lands](/usc/25/3902.md?p=4)—
  - (1) that comprise an area of one-half acre or less and that are used by individual families on lands to which they hold legal or beneficial title;
  - (2) of any size that have been or are being operated for a profit; or
  - (3) where [solid waste](/usc/25/3902.md?p=10) from an industrial process is being or has been routinely disposed of at a privately owned facility in compliance with applicable Federal laws.
- (c) **Rules of construction—**
  - (1) Nothing in this chapter shall be construed to amend or modify the authority or responsibility of the Administrator of the Environmental Protection Agency under the [Solid Waste](/usc/25/3902.md?p=10) Disposal Act ([42 U.S.C. 6901](/usc/42/6901.md) et seq.).
  - (2) Nothing in this chapter is intended to amend, repeal, or supersede any provision of the [Solid Waste](/usc/25/3902.md?p=10) Disposal Act ([42 U.S.C. 6901](/usc/42/6901.md) et seq.).

## Source credit

(Pub. L. 103–399, § 9, Oct. 22, 1994, 108 Stat. 4168.)

## Notes

### Editorial Notes

### References in Text

The Solid Waste Disposal Act, referred to in subsec. (c), is title II of Pub. L. 89–272, Oct. 20, 1965, 79 Stat. 997, as amended generally by Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2795, which is classified generally to chapter 82 (§ 6901 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 6901 of Title 42 and Tables.