Southern Ute and Colorado Intergovernmental Agreement Implementation Act of 2004

(This measure has not been amended since it was reported to the Senate on November 19, 2003. The summary of that version is repeated here.)

Southern Ute and Colorado Intergovernmental Agreement Implementation Act of 2004 - Authorizes the Administrator of the Environmental Protection Agency to treat the Southern Ute Indian Tribe as a State for purposes of implementing and enforcing air quality control programs for their Reservation, as developed in the Intergovernmental Agreement.

Authorizes the Tribe or the Environmental Commission established by the Tribe and the State of Colorado to bring a civil action for declaratory or injunctive relief or other enforcement orders in the U.S. District Court for the District of Colorado if any person fails to comply with a final civil order of the Tribe or Commission under specified air quality provisions.

Retains the right of any individual to seek injunctive relief to immediately restrain a pollution source which is presenting an imminent and substantial endangerment to public health or welfare under the emergency powers provision of the Clean Air Act (CAA).

Provides for appellate review by the U.S. Court of Appeals for the Tenth Circuit of any decision by the Commission that would be subject to review if made by the Administrator.

States that nothing in this Act modifies the CAA, specified law concerning tribal boundaries and jurisdiction, or related administrative rules or affects or influences past or prospective judicial interpretations of such laws.

[108th Congress Public Law 336]
[From the U.S. Government Publishing Office]


[DOCID: f:publ336.108]

[[Page 1353]]

SOUTHERN UTE AND COLORADO INTERGOVERNMENTAL AGREEMENT IMPLEMENTATION ACT 
                                 OF 2004

[[Page 118 STAT. 1354]]

Public Law 108-336
108th Congress

                                 An Act


 
 To provide for the implementation of air quality programs developed in 
accordance with an Intergovernmental Agreement between the Southern Ute 
Indian Tribe and the State of Colorado concerning Air Quality Control on 
           the Southern Ute Indian Reservation, and for other 
             purposes. <<NOTE: Oct. 18, 2004 -  [S. 551]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Southern Ute and 
Colorado Inter-governmental Agreement Implementation Act of 2004.>> 

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Southern Ute and Colorado 
Intergovernmental Agreement Implementation Act of 2004''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--Congress, after review and in recognition of the 
purposes and uniqueness of the Intergovernmental Agreement between the 
Southern Ute Indian Tribe and the State of Colorado, finds that--
            (1) the Intergovernmental Agreement is consistent with the 
        special legal relationship between Federal Government and the 
        Tribe; and
            (2) air quality programs developed in accordance with the 
        Intergovernmental Agreement and submitted by the Tribe for 
        approval by the Administrator may be implemented in a manner 
        that is consistent with the Clean Air Act (42 U.S.C. 7401 et 
        seq.).

    (b) Purpose.--The purpose of this Act is to provide for the 
implementation and enforcement of air quality control programs under the 
Clean Air Act (42 U.S.C. 7401 et seq.) and other air quality programs 
developed in accordance with the Intergovernmental Agreement that 
provide for--
            (1) the regulation of air quality within the exterior 
        boundaries of the Reservation; and
            (2) the establishment of a Southern Ute Indian Tribe/State 
        of Colorado Environmental Commission.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Commission.--The term ``Commission'' means the Southern 
        Ute Indian Tribe/State of Colorado Environmental Commission 
        established by the State and the Tribe in accordance with the 
        Intergovernmental Agreement.

[[Page 118 STAT. 1355]]

            (3) Intergovernmental agreement.--The term 
        ``Intergovernmental Agreement'' means the agreement entered into 
        by the Tribe and the State on December 13, 1999.
            (4) Reservation.--The term ``Reservation'' means the 
        Southern Ute Indian Reservation.
            (5) State.--The term ``State'' means the State of Colorado.
            (6) Tribe.--The term ``Tribe'' means the Southern Ute Indian 
        Tribe.

SEC. 4. TRIBAL AUTHORITY.

    (a) Air Program Applications.--
            (1) In general.--The Administrator is authorized to treat 
        the Tribe as a State for the purpose of any air program 
        applications submitted to the Administrator by the Tribe under 
        section 301(d) of the Clean Air Act (42 U.S.C. 7601(d)) to carry 
        out, in a manner consistent with the Clean Air Act (42 U.S.C. 
        7401 et seq.), the Intergovernmental Agreement.
            (2) Applicability.--If the Administrator approves an air 
        program application of the Tribe, the approved program shall be 
        applicable to all air resources within the exterior boundaries 
        of the Reservation.

    (b) Termination.--If the Tribe or the State terminates the 
Intergovernmental Agreement, the Administrator shall promptly take 
appropriate administrative action to withdraw treatment of the Tribe as 
a State for the purpose described in subsection (a)(1).

SEC. 5. CIVIL ENFORCEMENT.

    (a) In General.--If any person fails to comply with a final civil 
order of the Tribe or the Commission made in accordance with the Clean 
Air Act (42 U.S.C. 7401 et seq.) or any other air quality program 
established under the Intergovernmental Agreement, the Tribe or the 
Commission, as appropriate, may bring a civil action for declaratory or 
injunctive relief, or for other orders in aid of enforcement, in the 
United States District Court for the District of Colorado.
    (b) No Effect on Rights or Authority.--Nothing in this Act alters, 
amends, or modifies any right or authority of any person (as defined in 
section 302(e) of the Clean Air Act (42 U.S.C. 7601(e)) to bring a civil 
action under section 304 of the Clean Air Act (42 U.S.C. 7603).

SEC. 6. JUDICIAL REVIEW.

    Any decision by the Commission that would be subject to appellate 
review if it were made by the Administrator--
            (1) shall be subject to appellate review by the United 
        States Court of Appeals for the Tenth Circuit; and
            (2) may be reviewed by the Court of Appeals applying the 
        same standard that would be applicable to a decision of the 
        Administrator.

SEC. 7. DISCLAIMER.

    Nothing in this Act--
            (1) modifies any provision of--
                    (A) the Clean Air Act (42 U.S.C. 7401 et seq.);
                    (B) Public Law 98-290 (25 U.S.C. 668 note); or
                    (C) any lawful administrative rule promulgated in 
                accordance with those statutes; or

[[Page 118 STAT. 1356]]

            (2) affects or influences in any manner any past or 
        prospective judicial interpretation or application of those 
        statutes by the United States, the Tribe, the State, or any 
        Federal, tribal, or State court.

    Approved October 18, 2004.

LEGISLATIVE HISTORY--S. 551:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 108-712, Pt. 1 (Comm. on Resources) and Pt. 2 (Comm. 
on Energy and Commerce).
SENATE REPORTS: No. 108-201 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD:
                                                        Vol. 149 (2003):
                                    Nov. 21, considered and passed 
                                        Senate.
                                                        Vol. 150 (2004):
                                    Oct. 4, considered and passed House.

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