[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2065 Reported in Senate (RS)]






                                                       Calendar No. 767
107th CONGRESS
  2d Session
                                S. 2065

                          [Report No. 107-346]

  To provide for the implementation of air quality programs developed 
  pursuant to an Intergovernmental Agreement between the Southern Ute 
Indian Tribes and the State of Colorado concerning Air Quality Control 
    on the Southern Ute Indian Reservation, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 21, 2002

  Mr. Campbell (for himself and Mr. Allard) introduced the following 
bill; which was read twice and referred to the Committee on Environment 
                            and Public Works

                           November 19, 2002

              Reported by Mr. Jeffords, without amendment

_______________________________________________________________________

                                 A BILL


 
  To provide for the implementation of air quality programs developed 
  pursuant to an Intergovernmental Agreement between the Southern Ute 
Indian Tribes and the State of Colorado concerning Air Quality Control 
    on the Southern Ute Indian Reservation, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; PURPOSE.

    (a) Short Title.--This Act may be cited as the ``Southern Ute and 
Colorado Intergovernmental Agreement Implementation Act of 2002''.
    (b) Purpose.--The purpose of this Act is to provide for the 
implementation and enforcement of Clean Air Act air quality control 
programs developed pursuant to an Intergovernmental Agreement entered 
into by and between the Southern Ute Indian Tribe and the State of 
Colorado on December 13, 1999, providing for the regulation of air 
quality within the exterior boundaries of the Southern Ute Indian 
Reservation and establishing a Southern Ute Indian Tribe/State of 
Colorado Environmental Commission.

SEC. 2. STATEMENT OF FINDINGS.

    The 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 and declares that--
            (1) the Intergovernmental Agreement is consistent with the 
        special legal relationship between Federal Government and the 
        Southern Ute Indian tribe; and
            (2) air quality programs developed pursuant to the 
        Intergovernmental Agreement and submitted by the Tribe for 
        Environmental Protection Agency approval can be implemented in 
        a manner that is consistent with the Clean Air Act (42 U.S.C. 
        7401 et seq., 91 Stat. 685, Public Law 95-95, Aug. 7, 1977, as 
        amended).

SEC. 3. TRIBAL AUTHORITY.

    (a) Air Program Applications.--The Administrator of the 
Environmental Protection Agency is authorized to treat the Southern Ute 
Indian Tribe in the same manner as a State under section 301(d) of the 
Clean Air Act (42 U.S.C. 7601(d), 91 Stat. 685), as amended, for air 
program applications that the Tribe submits to the Environmental 
Protection Agency to implement and carry out the Intergovernmental 
Agreement entered into by and between the Southern Ute Indian Tribe and 
the State of Colorado in a manner consistent with the Clean Air Act. If 
the Administrator approves any such air program application of the 
Southern Ute Indian Tribe, the approved program shall become applicable 
to all air resources within the exterior boundaries of the Southern Ute 
Indian Reservation.
    (b) Termination.--If the Southern Ute Indian Tribe or the State of 
Colorado terminates the Intergovernmental Agreement referred to in 
subsection (a), the Environmental Protection Agency shall promptly take 
appropriate administrative action to withdraw such treatment as a State 
authorization.

SEC. 4. CIVIL ENFORCEMENT.

    (a) In General.--In the event any person fails to comply with a 
final civil order of the Southern Ute Indian Tribe or the Southern Ute 
Indian Tribe/State of Colorado Environmental Commission made pursuant 
to a Clean Air Act or other air quality program established under the 
Intergovernmental Agreement between the Southern Ute Indian Tribe and 
the State of Colorado, the Tribe or the Commission, as appropriate, may 
file a petition for declaratory or injunctive relief, or for other 
orders in aid of enforcement, in the United States District Court for 
the District of Colorado, which court shall have jurisdiction to hear 
such petition.
    (b) Rule of Construction.--Nothing in this Act shall be construed 
to alter, amend, or modify the 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 an action under section 304 of such Act (42 U.S.C. 7603).

SEC. 5. JUDICIAL REVIEW.

    Any decision by the Southern Ute Indian Tribe/State of Colorado 
Environmental Commission that would have been subject to appellate 
review if it had been made by the Environmental Protection Agency--
            (1) shall be subject to appellate review by the United 
        States Court of Appeals for the Tenth Circuit; and
            (2) may be reviewed by such Court of Appeals applying the 
        same standard that would be applicable to a decision of the 
        Administrator of the Environmental Protection Agency.

SEC. 6. DISCLAIMER.

    Nothing in this Act is intended to, nor shall it be construed as, 
amending, modifying, repealing, or in any other way enlarging or 
diminishing the provisions of the Clean Air Act (42 U.S.C. 7401 et 
seq., 91 Stat. 685, Public Law 95-95, Aug. 7, 1977, as amended), or the 
Act of May 21, 1984 (98 Stat. 201, 202, Public Law 98-290; 25 U.S.C. 
668 note), an Act to Confirm the Boundaries of the Southern Ute Indian 
Reservation in Colorado, or any lawful administrative rule promulgated 
pursuant to such statutes, or as affecting or influencing in any manner 
any past or prospective judicial interpretation or application of such 
statutes by the United States, the Southern Ute Indian Tribe, or the 
State of Colorado or any Federal, tribal, or State court.




                                                       Calendar No. 767

107th CONGRESS

  2d Session

                                S. 2065

                          [Report No. 107-346]

_______________________________________________________________________

                                 A BILL

  To provide for the implementation of air quality programs developed 
  pursuant to an Intergovernmental Agreement between the Southern Ute 
Indian Tribes and the State of Colorado concerning Air Quality Control 
    on the Southern Ute Indian Reservation, and for other purposes.

_______________________________________________________________________

                           November 19, 2002

                       Reported without amendment