[Congressional Record Volume 149, Number 36 (Thursday, March 6, 2003)]
[Senate]
[Pages S3275-S3276]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CAMPBELL:
  S. 551. A bill 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; to the Committee on Environment and Public 
Works.
  Mr. CAMPBELL. Mr. President, today I am re-introducing a bill that is 
important to the State of Colorado, the Southern Ute Indian Tribe and 
all Coloradans that live in the southwest corner of our beautiful 
State.
  More than thirty years of experience with environmental laws shows us 
that local design and implementation of such laws almost always trumps 
the ``one size fits all'' approach advocated by many in Washington, 
D.C.
  The Federal Clean Air Act authorizes States and Indian tribes to 
accept responsibility for air quality plans and standards, and 
implement many of the regulatory programs needed to maintain or improve 
air quality.
  In 1984 Congress ratified a jurisdiction and boundary agreement 
between the Tribe and the State that spared both sides litigation costs 
and a fight over the jurisdictional status of each square inch on the 
reservation. The 1984 pact permits the Tribe and the State to work out 
jurisdictional issues for themselves.
  Some uncertainty remains with respect to environmental issues and 
rather than placing the Environmental Protection Agency in the middle 
of a controversy about whether it is authorized to delegate Clean Air 
Act programs within the Ute Reservation, the Tribe and the State signed 
an agreement to eliminate any ambiguities.
  First, consistent with Congress' mandate in the Clean Air Act, the 
Tribe will be the entity responsible for administering Clean Air Act 
programs within the reservation.
  Second, an equal number of Tribal and State representatives will sit 
on the Commission established to hear and make decisions, and will set 
the pace for Tribal applications for delegations of authority. Finally, 
Federal court review is available to hear challenges to decisions by 
the Commission.
  In closing, let me again commend the efforts of both the Tribe and 
the State in negotiating and signing this historic agreement.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 551

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

     SECTION. 1. SHORT TITLE.

       This Act may be cited as the ``Southern Ute and Colorado 
     Intergovernmental Agreement Implementation Act of 2003''.

     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.
       (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.

[[Page S3276]]

       (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.

       If any person fails to comply with a final civil order of 
     the Tribe or the Commission made in accordance with a program 
     under 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.

     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
       (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.
                                 ______