PUBLIC LAW 108–336—OCT. 18, 2004

SOUTHERN UTE AND COLORADO

INTERGOVERNMENTAL AGREEMENT

IMPLEMENTATION ACT OF 2004

118 STAT. 1354 PUBLIC LAW 108–336—OCT. 18, 2004

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.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

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.

Southern Ute

and Colorado

Intergovernmental

Agreement

Implementation

Act of 2004.

Oct. 18, 2004

[S. 551]

PUBLIC LAW 108–336—OCT. 18, 2004 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

118 STAT. 1356 PUBLIC LAW 108–336—OCT. 18, 2004

LEGISLATIVE HISTORY—S. 551:

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.

Æ

(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.