### 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

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SouLhcm etc and ColoradoIntergovernmental Agreement ImplementatIOn Act of2004. 

### 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 otherpurpoRes.

Be it enacted by the Senate and HOllse ofRepresentatives of the United States of America in Congressassembled,

SECTION 1.SHORTTlTI.E. This Act may be cited as the "Southern Ute and Colorado IntergovernmentalAgreement implementationAct of2004".

SEC. 2. FIl'lDINGSAND 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 IniergovernmentalAgreementthatprovidefor­ (1) the regulation of air quality within the exterior bound· aries ofthe Reservation; and (2) the establishment ofa Sout.hern Ute Indian Tribe/St.ate ofColorado EnvironmentalCommission.

SEC. 3. DI'FINITlONS. In this Act: (1) ADMINISTRAToR.-The term "Administrator" means the Administratorofthe Environmental ProteetionAgency. (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 IntergoverlllilentalAgreement.

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

### STAT. 1355

(3) INTERGOVERNMENTAL AGREEMENT.-The term "Intergov­ ernmental Agreement" means the agreement entered into by theTribe and theStateon December 13, 1999. (4) RESERVI\TION.-The term "Reservation" means the Southern Ute IndianReservation. (5) STATT<;.-The term "State" means the State ofColorado. (6) TRrBE.-The term "Tribe" means the Southern Ute IndianTribe.

SEC.4. TRIBAL AUTHORITY. (a)AIRPROGRAMAPPLICATIONS.­ (1) IN GENERAL.-Thc Administrator is authorized to treat the Tribe as a State for the purpose ofany airprogram applica. tions submitted to theAdministratorby 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.), theIntergovernmental 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 ofthe 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. CIVILENl"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 underthe 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 DistrictofColorado. (b) Nu EFFECT ON RIGHTS OR AUTHORITY.-Nothing in thi;; Act alters, amends, or modifies any right or authority ofany person (as defined in section 302(e) ofthe CleanAirAct (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.JUDICIALlU."VIEW. Any decision bythe Commission that would be subject to appel. late review ifitwere made by the Administrator­ (1) shall be subject to appellate review by the United States CourtofAppeals for theTenth 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 inthis Act­ (1) modifies anyprovision of­ (A)the CleanAir 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 accordancewiththose statutes; or

### 118 STAT. 1356 PUBLIC LAW 

### 108-336-0CT. 18,2004

(2) affects orinfluences 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,

orState 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.