[Senate Report 108-201]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 401
108th Congress                                                   Report
                                 SENATE
 1st Session                                                    108-201

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 SOUTHERN UTE AND COLORADO INTERGOVERNMENTAL AGREEMENT IMPLEMENTATION 
                              ACT OF 2003

                                _______
                                

               November 19, 2003.--Ordered to be printed

                                _______
                                

    Mr. Inhofe, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                         [to accompany S. 551]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred 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, 
having considered the same, reports favorably thereon with an 
amendment and recommends that the bill, as amended, do pass.

                    General Statement and Background

    For over 10 years, the State, Tribe and United States 
Environmental Protection Agency (EPA) have disagreed over 
tribal and State eligibility to receive delegations of 
authority to administer programs under the Clean Air Act on the 
Southern Ute Indian Reservation. Pursuant to the 1984 law which 
confirmed the boundaries of the Reservation, the Tribe 
relinquished territorial jurisdiction over non-Indians 
conducting activities on non-Indian land. Amendments to the 
Clean Air Act in 1990, however, authorized EPA to delegate 
primacy to tribes with respect to administration of various 
programs under that statute and arguably restored tribal 
jurisdictional authority Reservation-wide for air programs. 
Notwithstanding the Tribe's and the State's conflicting 
jurisdictional assertions, the Tribe and the State have decided 
to work cooperatively to develop a comprehensive air quality 
program applicable to all lands within the boundaries of the 
Reservation.

                     Objectives of the Legislation

    This legislation authorizes the Administrator to treat the 
Southern Ute 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 an Intergovernmental Agreement entered 
into by the Tribe and the State on December 13, 1999. The 
agreement provides for the regulation of air quality within the 
exterior boundaries of the Southern Ute Indian Reservation, as 
well as the establishment of a Southern Ute Indian Tribe/State 
of Colorado Environmental Commission.

                      Section-by-Section Analysis

Section 1. Short Title
    ``Southern Ute and Colorado Intergovernmental Agreement 
Implementation Act of 2003.''
Sec. 2. Findings and Purpose
    Congress finds that the Agreement between the Southern Ute 
Indian Tribe and the State of Utah is consistent with existing 
law. The purpose of the legislation is to provide for improved 
air quality within the boundaries of the Reservation and to 
authorize the creation of the Southern Ute Indian Tribe/State 
of Colorado Environmental Commission.
Sec. 3. Definitions
    The terms specific to the legislation are defined.
Sec. 4. Tribal Authority
    This section authorizes the Administrator to treat the 
Southern Ute 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 an Intergovernmental Agreement entered 
into by the Tribe and the State on December 13, 1999. 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. The Tribe 
and State each retain authority to terminate the Agreement. If 
the Agreement is terminated, the Administrator will withdraw 
treatment of the Tribe as a State.
Sec. 5. Civil Enforcement
    The legislation authorizes the Tribe or Commission to bring 
civil action in Federal court to assure compliance with 
provisions of the Clean Air Act. The legislation creating the 
Commission also protects the rights of citizens to bring suit 
separately under the provisions of the Clean Air Act.
Sec. 6. Judicial Review
    Decisions by the Southern Ute Indian Tribe/State of 
Colorado Environmental Commission, as established by the 
Agreement, that would have been subject to appellate review if 
made by the U.S. Environmental Protection Agency will be 
subject to review by the U.S. Court of Appeals for the Tenth 
Circuit. This provision is intended to expedite the resolution 
of any conflicts that might develop in implementation by 
clarifying the judicial venue for dispute resolution.
Sec. 7. Disclaimer
    This section provides a savings clause to ensure that the 
Clean Air Act, the Act to Confirm the Boundaries of the 
Southern Ute Indian Reservation in Colorado, and any 
administrative or case law relating to these Acts, are not 
affected by the legislation.

                          Legislative History

    S. 551, the ``Southern Ute and Colorado Intergovernmental 
Agreement Implementation Act of 2003,'' was introduced on March 
6, 2003 by Senator Campbell and referred to the Senate 
Committee on Environment and Public Works. No hearings were 
held on the bill. A similar bill, S. 2065, was considered and 
reported to the Senate by the committee in the 107th Congress.

                             Rollcall Votes

    On July 30, 2003, the Committee on Environment and Public 
Works met to consider S. 551. The committee agreed to a 
technical amendment offered by Senator Inhofe and voted to 
favorably report the bill, as amended, by voice vote.

                      Regulatory Impact Statement

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the committee finds that S. 551 
does not create any additional regulatory burdens, nor will it 
cause any adverse impact on the personal privacy of 
individuals.

                          Mandates Assessment

    In compliance with the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4), the committee finds that S. 551 would 
impose no Federal intergovernmental unfunded mandates on State, 
local, or tribal governments.

                          Cost of Legislation

    Section 403 of the Congressional Budget and Impoundment 
Control Act requires that a statement of the cost of the 
reported bill, prepared by the Congressional Budget Office, be 
included in the report. That statement follows:

                                     U.S. Congress,
                               Congressional Budget Office,
                                   Washington, DC, August 15, 2003.

Hon. James M. Inhofe, Chairman,
Committee on Environment and Public Works,
U.S. Senate, 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 is Susanne S. Mehlman, 
who can be reached at 226-2860.
            Sincerely,
                                        Douglas Holtz-Eakin
                              ----------                              

S. 551, Southern Ute and Colorado Intergovernmental Agreement 
        Implementation Act of 2003, as ordered reported by the Senate 
        Committee on Environment and Public Works on July 30, 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.
    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.

                        Changes in Existing Law

    Section 12 of rule XXVI of the Standing Rules of the Senate 
requires the committee to publish changes in existing law made 
by the bill as reported. Passage of this bill will make no 
changes to existing law.

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