I 

108TH CONGRESS 

1ST SESSION H. R. 1484

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. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 27, 2003

Mr. MCINNIS introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on 

Resources, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Southern Ute and Col3 orado Intergovernmental Agreement Implementation Act 

4 of 2003’’. 

5 SEC. 2. FINDINGS AND PURPOSE. 

6 (a) FINDINGS.—Congress, after review and in rec7 ognition of the purposes and uniqueness of the Intergov8 ernmental Agreement between the Southern Ute Indian 

9 Tribe and the State of Colorado, finds that—

10 (1) the Intergovernmental Agreement is con11 sistent with the special legal relationship between 

12 Federal Government and the Tribe; and 

13 (2) air quality programs developed in accord14 ance with the Intergovernmental Agreement and 

15 submitted by the Tribe for approval by the Adminis16 trator may be implemented in a manner that is con17 sistent with the Clean Air Act (42 U.S.C. 7401 et 

18 seq.). 

19 (b) PURPOSE.—The purpose of this Act is to provide 

20 for the implementation and enforcement of air quality con21 trol programs under the Clean Air Act (42 U.S.C. 7401 

22 et seq.) and other air quality programs developed in ac23 cordance with the Intergovernmental Agreement that pro24 vide for—

25 (1) the regulation of air quality within the exte26 rior boundaries of the Reservation; and 
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1 (2) the establishment of a Southern Ute Indian 

2 Tribe/State of Colorado Environmental Commission. 

3 SEC. 3. DEFINITIONS. 

4 In this Act: 

5 (1) ADMINISTRATOR.—The term ‘‘Adminis6 trator’’ means the Administrator of the Environ7 mental Protection Agency. 

8 (2) COMMISSION.—The term ‘‘Commission’’ 

9 means the Southern Ute Indian Tribe/State of Colo10 rado Environmental Commission established by the 

11 State and the Tribe in accordance with the Intergov12 ernmental Agreement. 

13 (3) INTERGOVERNMENTAL AGREEMENT.—The 

14 term ‘‘Intergovernmental Agreement’’ means the 

15 agreement entered into by the Tribe and the State 

16 on December 13, 1999. 

17 (4) RESERVATION.—The term ‘‘Reservation’’ 

18 means the Southern Ute Indian Reservation. 

19 (5) STATE.—The term ‘‘State’’ means the State 

20 of Colorado. 

21 (6) TRIBE.—The term ‘‘Tribe’’ means the 

22 Southern Ute Indian Tribe. 

23 SEC. 4. TRIBAL AUTHORITY. 

24 (a) AIR PROGRAM APPLICATIONS.—
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1 (1) IN GENERAL.—The Administrator is au2 thorized to treat the Tribe as a State for the pur3 pose of any air program applications submitted to 

4 the Administrator by the Tribe under section 301(d) 

5 of the Clean Air Act (42 U.S.C. 7601(d)) to carry 

6 out, in a manner consistent with the Clean Air Act 

7 (42 U.S.C. 7401 et seq.), the Intergovernmental 

8 Agreement. 

9 (2) APPLICABILITY.—If the Administrator ap10 proves an air program application of the Tribe, the 

11 approved program shall be applicable to all air re12 sources within the exterior boundaries of the Res13 ervation. 

14 (b) TERMINATION.—If the Tribe or the State termi15 nates the Intergovernmental Agreement, the Adminis16 trator shall promptly take appropriate administrative ac17 tion to withdraw treatment of the Tribe as a State for 

18 the purpose described in subsection (a)(1). 

19 SEC. 5. CIVIL ENFORCEMENT. 

20 If any person fails to comply with a final civil order 

21 of the Tribe or the Commission made in accordance with 

22 a program under the Clean Air Act (42 U.S.C. 7401 et 

23 seq.) or any other air quality program established under 

24 the Intergovernmental Agreement, the Tribe or the Com25 mission, as appropriate, may bring a civil action for de-
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1 claratory or injunctive relief, or for other orders in aid 

2 of enforcement, in the United States District Court for 

3 the District of Colorado. 

4 SEC. 6. JUDICIAL REVIEW. 

5 Any decision by the Commission that would be sub6 ject to appellate review if it were made by the Adminis7 trator—

8 (1) shall be subject to appellate review by the 

9 United States Court of Appeals for the Tenth Cir10 cuit; and 

11 (2) may be reviewed by the Court of Appeals 

12 applying the same standard that would be applicable 

13 to a decision of the Administrator. 

14 SEC. 7. DISCLAIMER. 

15 Nothing in this Act—

16 (1) modifies any provision of—

17 (A) the Clean Air Act (42 U.S.C. 7401 et 

18 seq.); 

19 (B) Public Law 98–290 (25 U.S.C. 668 

20 note); or 

21 (C) any lawful administrative rule promul22 gated in accordance with those statutes; or 

23 (2) affects or influences in any manner any 

24 past or prospective judicial interpretation or applica25 tion of those statutes by the United States, the 
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1 Tribe, the State, or any Federal, tribal, or State 

2 court.

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