PUBLIC LAW l08-336-0CT. 18,2004 

SOUTHERN UTE AND COLORADO
 

INTERGOVERNMENTAL AGREEMENT
 

IMPLEMENTATION ACT OF 2004
 
118 STAT. 1354 PUBLIC LAW 108-336-0CT. 18,2004 

Oct Ill, 2004 __uuu...,.,,~ .~·__ 

IS. 55JJ 

SouLhcm etc 

and Colorado 

Intergovernmental 

Agreement 

ImplementatIOn 

Act of 2004. 

Public Law 108-336 

108th Congress 

An Act 

To provide for the implementation of air quahty program" developed In accordunce 

with an Intergovernmental Agreement between the SouLhern Ute Indian Tribe 

~1nd the State of Colorado concernin~ Air Quality Cont1"ol on the Southem Ute 

Indian Reservation, and for other purpoRes. 

Be it enacted by the Senate and HOllse of Representatives of 

the United States ofAmerica in Congress assembled, 

SECTION 1. SHORT TlTI.E. 

This Act may be cited as the "Southern Ute and Colorado 

Intergovernmental Agreement implementation Act of 2004". 

SEC. 2. FIl'lDINGS AND PURPOSE. 

(a) FINDL'i'Os.-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 C.rOvernment and 

the Tribe; and 

(2) air quality programs developed in accordance with the 

Intergovernmental Agreement and submitted by t.he 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 Iniergovernmental Agreement that provide for­

(1) the regulation of air quality within the exterior bound· 

aries of the Reservation; and 

(2) the establishment of a Sout.hern Ute Indian Tribe/St.ate 

of Colorado Environmental Commission. 

SEC. 3. DI'FINITlONS. 

In this Act: 

(1) ADMINISTRAToR.-The term "Administrator" means the 

Administrator of the Environmental Proteetion Agency. 

(2) COMMISSlON.-Thc term "Commission" means the 

Southern Ute Indian Tribe/State of Colorado Environmental 

Commission established by the State and the Tribe in accord­ ance with the Intergoverlllilental Agreement. 
PUBLIC LAW 108-336-0CT. 18,2004 118 STAT. 1355 

(3) INTERGOVERNMENTAL AGREEMENT.-The term "Intergov­


ernmental Agreement" means the agreement entered into by
 

the Tribe and the State on December 13, 1999.
 

(4) RESERVI\TION.-The term "Reservation" means the
 

Southern Ute Indian Reservation.
 

(5) STATT<;.-The term "State" means the State of Colorado. 

(6) TRrBE.-The term "Tribe" means the Southern Ute
 

Indian Tribe.
 

SEC. 4. TRIBAL AUTHORITY. 

(a) AIR PROGRAM APPLICATIONS.­

(1) IN GENERAL.-Thc Administrator is authorized to treat
 

the Tribe as a State for the purpose of any air program applica.
 

tions submitted to the Administrator by the Tribe under section
 

:Wl(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 lJ.S.C
 

7401 et SlJq.), the Intergovernmental Agreement.
 

(2) ApPJ.lCABILlTY-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) TERMINATlON.-lf 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)(lj. 

SEC. 5. CIVIL ENl"OltCEMENT. 

(a) IN GgNl-;RA1,.-lf 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 at seq.) or any other 

air quality prof..,'Tam 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) Nu EFFECT ON RIGHTS OR AUTHORITY.-Nothing in thi;; 

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 eivll action under section 304 of the Clean Air Act 

(42 U.S.C. 7603). 

SEC. 6. JUDICIAL lU."VIEW. 

Any decision by the Commission that would be subject to appel. 

late review ifit 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. DISCLAlMER. 

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 
118 STAT. 1356 PUBLIC LAW 108-336-0CT. 18,2004 

(2) affects or influences in any manner any past or prospective judicial interpretation or application of those statut€s by 

the United States, the Tribe.• the State, or any Federal, tribal, or State court. 

Approved October 18, 2004. 

LEGISLATIVE HISTOHY-S. 551; ",,----­

HOUSE REPORTS, No. 108·-712, Pt. 1 (Comm. on Resources) and Pt. 2 (Corom. on Energy and Commerce). 

SENATE REPORTS: No, 108-201 (Comm. on F;nvironment and Public Works). 

CONGRESSIONAL RECORD: 

Vol. 149 (200:J): Nov. 21, considered and passed SenalR.. 

Vol. 150 (2004.1: Oct. 4, considered and passed House.