A bill 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.

Summary: Southern Ute and Colorado Intergovernmental Agreement Implementation Act of 2004 - Authorizes the Administrator of the Environmental Protection Agency to treat the Southern Ute Indian Tribe as a State for purposes of implementing and enforcing air quality control programs for their Reservation, as developed in the Intergovernmental Agreement.

Authorizes the Tribe or the Environmental Commission established by the Tribe and the State of Colorado to bring a civil action for declaratory or injunctive relief or other enforcement orders in the U.S. District Court for the District of Colorado if any person fails to comply with a final civil order of the Tribe or Commission under specified air quality provisions.

Retains the right of any individual to seek injunctive relief to immediately restrain a pollution source which is presenting an imminent and substantial endangerment to public health or welfare under the emergency powers provision of the Clean Air Act (CAA).

Provides for appellate review by the U.S. Court of Appeals for the Tenth Circuit of any decision by the Commission that would be subject to review if made by the Administrator.

States that nothing in this Act modifies the CAA, specified law concerning tribal boundaries and jurisdiction, or related administrative rules or affects or influences past or prospective judicial interpretations of such laws.

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.
        (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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.