[House Report 108-712]
[From the U.S. Government Publishing Office]



108th Congress                                            Rept. 108-712
                        HOUSE OF REPRESENTATIVES
 2d Session                                                      Part 1
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 SOUTHERN UTE AND COLORADO INTERGOVERNMENTAL AGREEMENT IMPLEMENTATION 
                              ACT OF 2003

                                _______
                                

               September 30, 2004.--Ordered to be printed

                                _______
                                

  Mr. Pombo, from the Committee on Resources, submitted the following

                              R E P O R T

                         [To accompany S. 551]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the 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, having considered 
the same, report favorably thereon without amendment and 
recommend that the bill do pass.

                          PURPOSE OF THE BILL

    The purpose of S. 551 is 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.

                  BACKGROUND AND NEED FOR LEGISLATION

    S. 551, the ``Southern Ute and Colorado Intergovernmental 
Agreement Implementation Act of 2003,'' authorizes the 
Environmental Protection Agency (EPA) to treat the Southern Ute 
Tribe as a state for the purpose of carrying out Clean Air Act 
programs on the Tribe's reservation, pursuant to an 
intergovernmental agreement entered into by the Tribe and the 
State of Colorado. The Tribe will be able to administer federal 
air quality programs within the exterior boundaries of its 
reservation according to standards set by a joint tribal-state 
commission.
    The Southern Ute Reservation is located in the southwest 
corner of Colorado and contains a checkerboard land ownership 
pattern of tribal trust and non-tribal fee lands. For more than 
ten years, the State of Colorado, the Southern Ute Tribe, and 
the EPA have disagreed over the eligibility of the tribe and 
the State to be delegated authority to administer the Clean Air 
Act concerning the air resources within the boundaries of the 
tribe's reservation.
    In 1999 the Tribe and the State entered into an 
intergovernmental agreement to resolve this dispute. Under the 
agreement, a joint tribal-state commission will set air quality 
standards in the reservation. The Tribe will then apply to the 
EPA for a delegation of authority to administer Clean Air Act 
programs according to such standards.
    S. 551 authorizes the EPA to treat the Southern Ute Tribe 
as a state for the purpose of carrying out this 
intergovernmental agreement. The bill allows the tribe to 
pursue a civil action in the U.S. District Court for the 
District of Colorado to enforce the air quality programs 
managed by the tribe.
    Under S. 551, the Tribe or the State may terminate the 
intergovernmental agreement. If the agreement is terminated, 
the EPA shall withdraw treatment of the tribe as a state for 
the purpose administering the Clean Air Act pursuant to the 
agreement.

                            COMMITTEE ACTION

    S. 551 was introduced on March 6, 2003, by Senator Ben 
Nighthorse Campbell (R-CO). On November 21, 2003, the bill 
passed the Senate with an amendment by unanimous consent. The 
bill was then referred to the Committee on Energy and Commerce, 
and in addition to the Committee on Resources. On September 15, 
2004, the Full Resources Committee met to consider the bill. No 
amendments were offered to S. 551, and the bill was then 
ordered favorably reported to the House of Representatives by 
unanimous consent.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. This bill does 
not authorize funding and therefore, clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives does not 
apply.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

S. 551--Southern Ute and Colorado Intergovernmental Agreement 
        Implementation Act of 2003

    S. 551 would authorize the Environmental Protection Agency 
(EPA) to treat the Southern Ute Indian Tribe as a state under 
section 301(d) of the Clean Air Act. The bill would allow the 
tribe to accept delegation of EPA's authority under the Clean 
Air Act in the same manner as states. Enacting S. 551 would 
provide that, if the tribe submits an application under section 
301(d) and if the application is approved, the resulting 
program would apply to all lands within the Southern Ute 
Reservation, including lands owned by non-Indians. The bill 
also would give jurisdiction for enforcement of those delegated 
powers to the U.S. District Court for the District of Colorado. 
According to EPA, enacting this legislation would not change 
the Southern Ute Indian Tribe's eligibility for federal grants 
in any manner. Thus, CBO estimates that enacting this 
legislation would not have a significant effect on the federal 
budget.
    S. 551 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments. 
This legislation would implement an agreement entered into 
voluntarily by the state of Colorado and the Southern Ute 
Indian Tribe, and any costs incurred by either the state or the 
tribe would stem from their acceptance of that agreement.
    On August 15, 2003, CBO transmitted a cost estimate for S. 
551 as ordered reported by the Senate Committee on Environment 
and Public Works on July 30, 2003. The two versions of the 
legislation are very similar, and our cost estimates are the 
same.
    The CBO staff contacts for this estimate are Susanne S. 
Mehlman (for federal costs), and Marjorie Miller (for the 
state, local, and tribal impact). This estimate was approved by 
Peter H. Fontaine, Deputy Assistant Director for Budget 
Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any State, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.