[Congressional Record Volume 150, Number 123 (Monday, October 4, 2004)]
[House]
[Pages H7976-H7977]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 SOUTHERN UTE AND COLORADO INTERGOVERNMENTAL AGREEMENT IMPLEMENTATION 
                              ACT OF 2003

  Mr. BILIRAKIS. Mr. Speaker, I move to suspend the rules and pass the 
Senate 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.
  The Clerk read 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.
       (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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Florida (Mr. Bilirakis) and the gentlewoman from the Virgin Islands 
(Mrs. Christensen) each will control 20 minutes.
  The Chair recognizes the gentleman from Florida (Mr. Bilirakis).


                             General Leave

  Mr. BILIRAKIS. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks on this legislation and to insert extraneous material on the 
bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Florida?
  There was no objection.
  Mr. BILIRAKIS. Mr. Speaker, I yield myself such time as I may 
consume.
  The bill we are considering today, S. 551, the Southern Ute and 
Colorado Intergovernmental Agreement Implementation Act of 2003, 
provides the congressional authorization necessary to allow the 
Southern Ute Indian tribe and the State of Colorado to implement an 
important agreement to protect air quality on the Southern Ute 
reservation in Colorado.

                              {time}  1515

  This Intergovernmental Agreement enjoys broad local and regional 
support. In addition, this bill authorizes the U.S. Environmental 
Protection Agency to recognize the Southern Ute Tribe as a State for 
purposes of administration of the Clean Air Act on the tribe's 
reservation and allows the tribe to enforce air quality programs within 
the borders of its reservation.
  S. 551 also provides a process for the tribe and the Southern Ute/
State of Colorado Environmental Commission, created by the 
Intergovernmental Agreement, to enforce their orders under an approved 
air quality program.
  Mr. Speaker, I urge all Members to support this legislation.
  Mr. Speaker, I reserve the balance of my time.
  Mrs. CHRISTENSEN. Mr. Speaker, I yield myself such time as I may 
consume.
  I rise in support of S. 551, the Southern Ute and Colorado 
Intergovernmental Agreement Implementation Act of 2003. This 
legislation is necessary to allow the Southern Ute Indian Tribe to be 
treated as a state for purposes of administering the Clean Air Act on 
the Southern Ute Indian Reservation in southwestern Colorado.
  Under this bill, both Indian and non-Indian areas within the 
Reservation can be regulated by a single entity, a joint State/Tribal 
Commission, composed of three members from the tribe and three members 
from the State. This makes good common sense and will allow the State 
and the tribe to properly implement the Clean Air Act.
  S. 551 will not alter anyone's duty to comply with the Act nor would 
it alter any rights of any citizen to bring an action to enforce the 
Clean Air Act. S. 551 will implement the Intergovernmental Agreement 
that was negotiated

[[Page H7977]]

between the State and the tribe. I understand that the Attorney General 
of Colorado, Ken Salazar, has been a key negotiator in negotiating this 
agreement. Without his work, it would not have happened. The State of 
Colorado, the tribe, and the Attorney General's Office are to be 
commended for this effort. I urge my colleagues to support Senate 551.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  Mr. BILIRAKIS. Mr. Speaker, I have no further requests for time, and 
I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Petri). The question is on the motion 
offered by the gentleman from Florida (Mr. Bilirakis) that the House 
suspend the rules and pass the Senate bill, S. 551.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the Senate bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________