[Congressional Record Volume 149, Number 170 (Friday, November 21, 2003)]
[Senate]
[Pages S15502-S15503]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 SOUTHERN UTE AND COLORADO INTERGOVERNMENTAL AGREEMENT IMPLEMENTATION 
                              ACT OF 2003

  Mr. FRIST. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 401, S. 551.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 551) 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.

  There being no objection, the Senate proceeded to consider the bill 
which had been reported from the Committee on Environment and Public 
Works with an amendment.
  [Strike the part shown in black brackets and insert the part shown in 
italic.]

                                 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.
       (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. 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
       (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.
  Mr. FRIST. Mr. President, I ask unanimous consent that the committee 
amendment be agreed to, the bill, as amended, be read a third time and 
passed, the motions to reconsider be laid upon the table en bloc, and 
that any statements relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment was agreed to.
  The bill (S. 551), as amended, was read the third time and passed, as 
follows:

       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--

[[Page S15503]]

       (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.
       (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
       (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.

                          ____________________