[United States Statutes at Large, Volume 118, 108th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

118 STAT. 1354

Public Law 108-336
108th Congress

An Act


 
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. NOTE: Oct. 18, 2004 -  [S. 551]

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, NOTE: Southern Ute and
Colorado Inter-governmental Agreement Implementation Act of 2004.

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Southern Ute and Colorado
Intergovernmental Agreement Implementation Act of 2004''.

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.

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118 STAT. 1355

(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

[[Page 1356]]
118 STAT. 1356

(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.

Approved October 18, 2004.

LEGISLATIVE HISTORY--S. 551:
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HOUSE REPORTS: No. 108-712, Pt. 1 (Comm. on Resources) and Pt. 2 (Comm.
on Energy and Commerce).
SENATE REPORTS: No. 108-201 (Comm. on Environment and Public Works).
CONGRESSIONAL RECORD:
Vol. 149 (2003):
Nov. 21, considered and passed
Senate.
Vol. 150 (2004):
Oct. 4, considered and passed House.