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(C) the Indian TVifte is reasonably expected to be capable,
in the Administrator's judgment, of carrying out the func-
tions to be exercised in a manner consistent with the terms
and purposes of this title and of all applicable regulations.
<2) PROVISIONS WHERE TREATMENT AS STATE INAPPROPRI-
ATE.—For any provision of this title where treatment of Indian
Tribes as identical to States is inappropriate, administratively
infeasible or otherwise inconsistent with the purposes of this
title, the Administrator may include in the regulations promul-
gated under this section, other means for administering such
provision in a manner that wil achieve the purpose of the provi-
sion. Nothing in this section shall be construed to allow Indian
Tribes to assume or maintain primary enforcement responsibil-
ity for public, water systems or for underground injection control
in a manner less protective of the health of persons than such
responsibility may be assumed or maintained by a State. An
Indian tribe shall not be required to exercise criminal enforce-
ment jurisdiction for purposes of complying with the preceding
sentence.
Sections of P.L. 99-339 Which Do Not Amend the Safe Drinking
Water Act
SEC. 109. (c) BAN ON LEAD WATER PIPES, SOLDER, AND FLUX IN
VA AND HUD INSURED OR ASSISTED PROPERTY.—
(1) PROHIBITION.—The Secretary of Housing and Urban De-
velopment and the Administrator of the Veterans' Administra-
tion may not insure or guarantee a mortgage or furnish assist-
ance with respect to newly constructed residential property
which contains a potable water system unless such system uses
only lead free pipe, solder, and flux.
(2) DEFINITION OF LEAD FREE.—For purposes of paragraph (1)
the term "lead free"—
(A) when used with respect to sojders and flux refers to
solders and flux containing not more than 0.2 percent lead,
and
(B) when used with respect to pipes and pipe fittings
refers to pipes and pipe fittings containing not more than
8.0 percent lead.
(3) EFFECTIVE DATE.—Paragraph (1) shall become effective 24
months after the enactment of this Act.
(d) LEAD SOLDER AS A HAZARDOUS SUBSTANCE.—
(1) IN GENERAL.—Section 2(fXl) of the Federal Hazardous
Substances Act is amended by adding the following at the end
thereof:
"(E) Any solder which has a lead content in excess of 0.2 per-
cent.".
(2) LABELING.—Section 4 of the Federal Hazardous Sub-
stances Act is amended by adding the following at the end
thereof:
"(k) The introduction or delivery for introduction into interstate
commerce of any lead solder which has a lead content in excess of
0.2 percent which does not prominently display a warning label
stating the lead content of the solder and warning that the use of
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such solder in the making of joints or fittings in any private or
public potable water supply system is prohibited."
(3) EFFECTIVE DATE.—The amendments made by this subsec-
tion shall become effective 24 months after the enactment of
this Act.
SEC. 201. (c) SECTION 7010.—<1) Section 7010(c) of the Solid Waste
Disposal Act is amended by striking "sections 7002 and 7003 of this
Act" and inserting in lieu thereof "the provisions of this Act".
(2) Section 7010 of the Solid Waste Disposal Act is renumbered as
section 3020 and inserted after section 3019 of such Act. Section
7012 of such Act is renumbered as section 7010. The item relating
to section 7010 in the table of contents for such Act is renumbered
as section 3020 and inserted after the item relating to section 3019.
The item relating to section 7012 in the table of contents for such
Act is renumbered as section 7010. Such table of contents is further
amended by inserting after section 3015 the following new item:
"Sec. 3016. Inventory of Federal Agency hazardous waste facilities.".
SEC. 302. (e) STUDY.—The Administrator of the Environmental
Protection Agency, in cooperation with the Director of the Indian
Health Service, shall, within 12 months after the enactment of this
Act, conduct a survey of drinking water on Indian reservations,
identifying drinking water problems and the need, if any, for alter-
native drinking water supplies.
SEC. 304. (b) COMPARATIVE HEALTH EFFECTS ASSESSMENT.—The
Administrator of the Environmental Protection Agency shall con-
duct a comparative health effects assessment, using available data,
to compare the public health effects (both positive and negative) as-
sociated with water treatment chemicals and their byproducts to
the public health effects associated with contaminants found in
public water supplies. Not later than 18 months after the date of
the enactment of this Act, the Administrator shall submit a report
to the Congress setting forth the results of such assessment.
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