39–006 

108TH CONGRESS REPT. 108–712 " ! HOUSE OF REPRESENTATIVES 2d Session Part 2 

SOUTHERN UTE AND COLORADO INTERGOVERNMENTAL 

AGREEMENT IMPLEMENTATION ACT OF 2003 

OCTOBER 4, 2004.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. BARTON of Texas, from the Committee on Energy and 

Commerce, submitted the following 

R E P O R T 

[To accompany S. 551] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Energy and Commerce, to whom was referred 

the bill (S. 551) 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, having considered the 

same, report favorably thereon without amendment and recommend that the bill do pass. 

CONTENTS 

Page 

Purpose and Summary ............................................................................................ 2 

Background and Need for Legislation .................................................................... 2 

Hearings ................................................................................................................... 2 

Committee Consideration ........................................................................................ 2 

Committee Votes ...................................................................................................... 2 

Committee Oversight Findings ............................................................................... 3 

Statement of General Performance Goals and Objectives .................................... 3 

New Budget Authority, Entitlement Authority, and Tax Expenditures ............. 3 

Committee Cost Estimate ....................................................................................... 3 

Congressional Budget Office Estimate ................................................................... 3 

Federal Mandates Statement ................................................................................. 4 

Advisory Committee Statement .............................................................................. 4 

Constitutional Authority Statement ...................................................................... 4 

Applicability to Legislative Branch ........................................................................ 4 

Section-by-Section Analysis of the Legislation ...................................................... 5 

Changes in Existing Law Made by the Bill, as Reported ..................................... 5 

2 

PURPOSE AND SUMMARY

S. 551 is a bill to implement an Intergovernmental Agreement 

between the Southern Ute Indian Tribe (the ‘‘Tribe’’) and the State 

of Colorado (the ‘‘State’’), concerning administration of the Clean 

Air Act on the Southern Ute Reservation. The bill authorizes the 

United States Environmental Protection Agency (EPA) to treat the 

Tribe as a state for the purpose of any air program application submitted by the Tribe to the EPA under section 301(d) of the Clean 

Air Act. It also provides that the Tribe is allowed to enforce an approved air program on all lands within the outer boundaries of its 

reservation. The Tribe and the State can terminate the Intergovernmental Agreement, and if the Agreement is terminated, then 

the EPA will withdraw treatment of the Tribe as a state. The Tribe 

and the Commission both are empowered to enforce the terms of 

any approved air program and bring suit in Federal District Court 

to enforce their orders. In addition, nothing in the bill is intended 

to alter, amend or modify any right or authority of any person to 

bring a civil action under section 304 of the Clean Air Act. The bill 

also provides for judicial review of decisions of the Commission. 

BACKGROUND AND NEED FOR LEGISLATION

The Tribe, the State, and the EPA disagreed for over a decade 

on the eligibility of the Tribe and the State to receive a delegation 

of authority to administer programs under the Clean Air Act on the 

Southern Ute Indian Reservation. In order to resolve these jurisdictional disputes, on December 13, 1999, the Tribe and the State entered into an Intergovernmental Agreement that permits the Tribe 

to develop a comprehensive air quality program that is applicable 

to all land within the outer boundaries of the Tribe’s Reservation. 

The Intergovernmental Agreement also establishes a Southern Ute 

Indian Tribe/State of Colorado Environmental Commission (the 

Commission). 

S. 551 is needed to allow the Tribe, the State and EPA to implement the Intergovernmental Agreement. 

HEARINGS

The Committee on Energy and Commerce has not held hearings 

on the legislation. 

COMMITTEE CONSIDERATION

On Thursday, September 30, 2004, the Full Committee met in 

open markup session and ordered S. 551 favorably reported to the 

House, without amendment, by a voice vote, a quorum being 

present. 

COMMITTEE VOTES

Clause 3(b) of rule XIII of the Rules of the House of Representatives requires the Committee to list the record votes on the motion 

to report legislation and amendments thereto. There were no 

record votes taken in connection with ordering S. 551 reported. A 

motion by Mr. Bilirakis to order S. 551 reported to the House, 

without amendment, was agreed to by a voice vote. 

3 

COMMITTEE OVERSIGHT FINDINGS

Pursuant to clause 3(c)(1) of rule XIII of the Rules of the House 

of Representatives, the Committee has not held oversight or legislative hearings on this legislation. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

The goal of the bill is to implement an Intergovernmental Agreement between the Southern Ute Indian Tribe and the State of Colorado that allows the Tribe to administer air quality programs 

within the exterior boundaries of its reservation. 

NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX

EXPENDITURES

In compliance with clause 3(c)(2) of rule XIII of the Rules of the 

House of Representatives, the Committee finds that S. 551, the 

Southern Ute and Colorado Intergovernmental Agreement Implementation Act of 2003, would result in no new or increased budget 

authority, entitlement authority, or tax expenditures or revenues. 

COMMITTEE COST ESTIMATE

The Committee adopts as its own the cost estimate prepared by 

the Director of the Congressional Budget Office pursuant to section 

402 of the Congressional Budget Act of 1974. 

CONGRESSIONAL BUDGET OFFICE ESTIMATE

Pursuant to clause 3(c)(3) of rule XIII of the Rules of the House 

of Representatives, the following is the cost estimate provided by 

the Congressional Budget Office pursuant to section 402 of the 

Congressional Budget Act of 1974: 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, October 4, 2004. 

Hon. JOE BARTON, Chairman, Committee on Energy and Commerce, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 551, the Southern Ute and 

Colorado Intergovernmental Agreement Implementation Act of 

2003. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Susanne S. Mehlman. 

Sincerely, 

ROBERT A. SUNSHINE

(For Douglas Holtz-Eakin, Director). 

Enclosure. 

S. 551—Southern Ute and Colorado Intergovernmental Agreement 

Implementation Act of 2003 

S. 551 would authorize the Environmental Protection Agency 

(EPA) to treat the Southern Ute Indian Tribe as a state under section 301(d) of the Clean Air Act. S. 551 would allow the tribe to 

accept delegation of EPA’s authority under the Clean Air Act in the 

4 

same manner as states. Enacting S. 551 would provide that, if the 

tribe submits an application under section 301(d) and if the application is approved, the resulting program would apply to all lands 

within the Southern Ute Reservation, including lands owned by 

non-Indians. The act also would give jurisdiction for enforcement of 

those delegated powers to the U.S. District Court for the District 

of Colorado. According to EPA, enacting this legislation would not 

change the Southern Ute Indian Tribe’s eligibility for federal 

grants in any manner. Thus, CBO estimates that enacting this legislation would not have a significant effect on the federal budget. 

S. 551 contains no intergovernmental or private-sector mandates 

as defined in the Unfunded Mandates Reform Act and would impose no costs on state, local, or tribal governments. This legislation 

would implement an agreement entered into voluntarily by the 

state of Colorado and the Southern Ute Indian Tribe, and any costs 

incurred by either the state or the tribe would stem from their acceptance of that agreement. 

On August 15, 2003, CBO transmitted a cost estimate for S. 551 

as ordered reported by the Senate Committee on Environment and 

Public Works on July 30, 2003. In addition, on September 16, 2004, 

CBO transmitted a cost estimate for S. 551 as ordered reported by 

the House Committee on Energy and Commerce on September 15, 

2004. The three versions of the legislation are very similar, and our 

cost estimates are the same. 

The CBO staff contacts for this estimate are Susanne S. 

Mehlman (for federal costs) and Marjorie Miller (for the state, 

local, and tribal impact). This estimate was approved by Peter H. 

Fontaine, Deputy Assistant Director for Budget Analysis. 

FEDERAL MANDATES STATEMENT

The Committee adopts as its own the estimate of Federal mandates prepared by the Director of the Congressional Budget Office 

pursuant to section 423 of the Unfunded Mandates Reform Act. 

ADVISORY COMMITTEE STATEMENT

No advisory committees within the meaning of section 5(b) of the 

Federal Advisory Committee Act were created by this legislation. 

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause 3(d)(1) of rule XIII of the Rules of the House 

of Representatives, the Committee finds that the Constitutional authority for this legislation is provided in Article I, section 8, clause 

3, which grants Congress the power to regulate commerce with foreign nations, among the several States, and with the Indian tribes. 

APPLICABILITY TO LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the 

terms and conditions of employment or access to public services or 

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act. 

5 

SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short title 

Section 1 establishes the short title of the bill, the ‘‘Southern Ute 

and Colorado Intergovernmental Agreement Implementation Act of 

2003.’’ 

Section 2. Findings and purpose 

Section 2 states that Congress finds that the Intergovernmental 

Agreement is consistent with existing law. This section also lists 

the purpose of the bill as to implement and enforce clean air programs on the Southern Ute Indian Reservation and establish the 

Commission. 

Section 3. Definitions 

Section 3 defines the terms specific to the bill. 

Section 4. Tribal authority 

This section authorizes the Administrator of the EPA to treat the 

Tribe as a state for purposes of air program applications under section 301(d) of the Clean Air Act. It also authorizes that any air program is applicable to all lands within the exterior boundaries of the 

Reservation. If the Intergovernmental Agreement is terminated, 

then the EPA will withdraw its recognition of the Tribe as a state. 

Section 5. Civil enforcement 

Section 5 authorizes the Tribe or the Commission to bring a civil 

suit in Federal District Court for the District of Colorado to enforce 

any orders that they may issue. The right of a person to bring civil 

actions under section 304 of the Clean Air Act is preserved. 

Section 6. Judicial review 

Section 6 provides that any decision of the Committee that would 

be subject to appellate review if made by the Administrator of the 

EPA, is subject to appellate review in the United States Court of 

Appeals for the Tenth Circuit. 

Section 7. Disclaimer 

Section 7 provides that nothing in the bill is intended to modify 

or affect the Clean Air Act or the Act to Confirm the Boundaries 

of the Southern Ute Reservation in Colorado, or any administrative 

or case law relating to them. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

This legislation does not amend any existing Federal statute. 

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