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



108th Congress                                            Rept. 108-712
                        HOUSE OF REPRESENTATIVES
 2d Session                                                      Part 2

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 SOUTHERN UTE AND COLORADO INTERGOVERNMENTAL AGREEMENT IMPLEMENTATION 
                              ACT OF 2003

                                _______
                                

October 4, 2004.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

   Mr.  Barton of Texas, from the Committee on Energy and Commerce, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 551]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Commerce, 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.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     2
Background and Need for Legislation..............................     2
Hearings.........................................................     2
Committee Consideration..........................................     2
Committee Votes..................................................     2
Committee Oversight Findings.....................................     3
Statement of General Performance Goals and Objectives............     3
New Budget Authority, Entitlement Authority, and Tax Expenditures     3
Committee Cost Estimate..........................................     3
Congressional Budget Office Estimate.............................     3
Federal Mandates Statement.......................................     4
Advisory Committee Statement.....................................     4
Constitutional Authority Statement...............................     4
Applicability to Legislative Branch..............................     4
Section-by-Section Analysis of the Legislation...................     5
Changes in Existing Law Made by the Bill, as Reported............     5

                          PURPOSE AND SUMMARY

    S. 551 is a bill to implement an Intergovernmental 
Agreement between the Southern Ute Indian Tribe (the ``Tribe'') 
and the State of Colorado (the ``State''), concerning 
administration of the Clean Air Act on the Southern Ute 
Reservation. The bill authorizes the United States 
Environmental Protection Agency (EPA) to treat the Tribe as a 
state for the purpose of any air program application submitted 
by the Tribe to the EPA under section 301(d) of the Clean Air 
Act. It also provides that the Tribe is allowed to enforce an 
approved air program on all lands within the outer boundaries 
of its reservation. The Tribe and the State can terminate the 
Intergovernmental Agreement, and if the Agreement is 
terminated, then the EPA will withdraw treatment of the Tribe 
as a state. The Tribe and the Commission both are empowered to 
enforce the terms of any approved air program and bring suit in 
Federal District Court to enforce their orders. In addition, 
nothing in the bill is intended to alter, amend or modify any 
right or authority of any person to bring a civil action under 
section 304 of the Clean Air Act. The bill also provides for 
judicial review of decisions of the Commission.

                  BACKGROUND AND NEED FOR LEGISLATION

    The Tribe, the State, and the EPA disagreed for over a 
decade on the eligibility of the Tribe and the State to receive 
a delegation of authority to administer programs under the 
Clean Air Act on the Southern Ute Indian Reservation. In order 
to resolve these jurisdictional disputes, on December 13, 1999, 
the Tribe and the State entered into an Intergovernmental 
Agreement that permits the Tribe to develop a comprehensive air 
quality program that is applicable to all land within the outer 
boundaries of the Tribe's Reservation. The Intergovernmental 
Agreement also establishes a Southern Ute Indian Tribe/State of 
Colorado Environmental Commission (the Commission).
    S. 551 is needed to allow the Tribe, the State and EPA to 
implement the Intergovernmental Agreement.

                                HEARINGS

    The Committee on Energy and Commerce has not held hearings 
on the legislation.

                        COMMITTEE CONSIDERATION

    On Thursday, September 30, 2004, the Full Committee met in 
open markup session and ordered S. 551 favorably reported to 
the House, without amendment, by a voice vote, a quorum being 
present.

                            COMMITTEE VOTES

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list the record votes 
on the motion to report legislation and amendments thereto. 
There were no record votes taken in connection with ordering S. 
551 reported. A motion by Mr. Bilirakis to order S. 551 
reported to the House, without amendment, was agreed to by a 
voice vote.

                      COMMITTEE OVERSIGHT FINDINGS

    Pursuant to clause 3(c)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee has not held oversight 
or legislative hearings on this legislation.

         STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

    The goal of the bill is to implement an Intergovernmental 
Agreement between the Southern Ute Indian Tribe and the State 
of Colorado that allows the Tribe to administer air quality 
programs within the exterior boundaries of its reservation.

   NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee finds that S. 
551, the Southern Ute and Colorado Intergovernmental Agreement 
Implementation Act of 2003, would result in no new or increased 
budget authority, entitlement authority, or tax expenditures or 
revenues.

                        COMMITTEE COST ESTIMATE

    The Committee adopts as its own the cost estimate prepared 
by the Director of the Congressional Budget Office pursuant to 
section 402 of the Congressional Budget Act of 1974.

                  CONGRESSIONAL BUDGET OFFICE ESTIMATE

    Pursuant to clause 3(c)(3) of rule XIII of the Rules of the 
House of Representatives, the following is the cost estimate 
provided by the Congressional Budget Office pursuant to section 
402 of the Congressional Budget Act of 1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, October 4, 2004.
Hon. Joe Barton,
Chairman, Committee on Energy and Commerce,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 551, the Southern 
Ute and Colorado Intergovernmental Agreement Implementation Act 
of 2003.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Susanne S. 
Mehlman.
            Sincerely,
                                         Robert A. Sunshine
                               (For Douglas Holtz-Eakin, Director).
    Enclosure.

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. S. 551 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 act 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. In addition, on September 
16, 2004, CBO transmitted a cost estimate for S. 551 as ordered 
reported by the House Committee on Energy and Commerce on 
September 15, 2004. The three 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.

                       FEDERAL MANDATES STATEMENT

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

                      ADVISORY COMMITTEE STATEMENT

    No advisory committees within the meaning of section 5(b) 
of the Federal Advisory Committee Act were created by this 
legislation.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds that the 
Constitutional authority for this legislation is provided in 
Article I, section 8, clause 3, which grants Congress the power 
to regulate commerce with foreign nations, among the several 
States, and with the Indian tribes.

                  APPLICABILITY TO LEGISLATIVE BRANCH

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

             SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short title

    Section 1 establishes the short title of the bill, the 
``Southern Ute and Colorado Intergovernmental Agreement 
Implementation Act of 2003.''

Section 2. Findings and purpose

    Section 2 states that Congress finds that the 
Intergovernmental Agreement is consistent with existing law. 
This section also lists the purpose of the bill as to implement 
and enforce clean air programs on the Southern Ute Indian 
Reservation and establish the Commission.

Section 3. Definitions

    Section 3 defines the terms specific to the bill.

Section 4. Tribal authority

    This section authorizes the Administrator of the EPA to 
treat the Tribe as a state for purposes of air program 
applications under section 301(d) of the Clean Air Act. It also 
authorizes that any air program is applicable to all lands 
within the exterior boundaries of the Reservation. If the 
Intergovernmental Agreement is terminated, then the EPA will 
withdraw its recognition of the Tribe as a state.

Section 5. Civil enforcement

    Section 5 authorizes the Tribe or the Commission to bring a 
civil suit in Federal District Court for the District of 
Colorado to enforce any orders that they may issue. The right 
of a person to bring civil actions under section 304 of the 
Clean Air Act is preserved.

Section 6. Judicial review

    Section 6 provides that any decision of the Committee that 
would be subject to appellate review if made by the 
Administrator of the EPA, is subject to appellate review in the 
United States Court of Appeals for the Tenth Circuit.

Section 7. Disclaimer

    Section 7 provides that nothing in the bill is intended to 
modify or affect the Clean Air Act or the Act to Confirm the 
Boundaries of the Southern Ute Reservation in Colorado, or any 
administrative or case law relating to them.

         CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    This legislation does not amend any existing Federal 
statute.