L**INTERGOVERJ~MENTAL** 

### AGREEMENT BETWEEN 

### THE**SOUTHER.i~** 

### UTE INDIAN TRIBE 

### AND THE STATE OF COLORADO CONCERJ'i'lNG AIR QUALITY CONTROL ON 

### THE**SOuTHER.~** UTE INDIAN RESERVAnON 

### THIS INTERGOVER.J'.TMENTAL AGREE?viENT is made and entered into 

### by and between the**SOUTHEIL~** 

### UTE INDIAN TRIBE ("Tribe") and the STATE OF COLORADO ("State").
PURPOSE AND SUMMARY OF THE AGREEMENT.
" The purpose ofthis Agreement is to establish a single air quality programapplicable to all iands within the exterior boundaries afthe SOl!therr. Ute Indifu'1 Reser,1ation.("the Reser;ation Air Pragranl"). The Southern Ute Indian Tribe/State of Colorado Environmental Commission ("Commission") established under Ll-Jis Agreement shall promulgate rules and regulations for the Reservation Air Program and shall conduct review of appealable administrative actions, pursuant to laws enacted by bot..1 pa:'ties, Any United States Environmental Protection Agency ("EPA") delegation to the Tribe as contemplated in this Agreement shall be cor:.tingent upon and shall last only so long as this Agreement is in effect and shall be exercised pursuant to tl-DS Agreement. The Cornmission shall be the air quality policy making and 

### l'1e admipjstrative review entity for the Reservation Air Program. 'When all conditions and terms Oft..1is Agreement are fully in effect, the Tribe and the State intend that the Reservation Air Program shall be**:m~lemented** a..'1d administered by the Tribe, pursuant to a delegation from the EPA, through the use of the s:aff ofthe Tribe's Environmental Programs Division ("EPD"), 'Nith the participation of the State's A.ir Pollution Control Division as outlined in tItis Agreement. 

### II. BACKGROlJND. 

## _._---- '--­ The SouthernUteIndian Reservation ("Reservationlf) is locatedin southwestColorado in the southern portions ofLa Plata and Archuleta Counties. Congress confinneathe boundaries ofthe Reservation in the Act ofMay 21,1984, Pub. 

### L. No. 98-290, 98 Stat. 201, 202 (found at "Other Provisions" note to 25 U,S.C.S. 

### § 668) ("P.L 98-290"). The Reservation encompasses approximately 681,000 acres, ofwhich approximately 308,000 surface acres are held in trust 

### by tj,e United States for the benefit ofLl:J.e Tribe. Additionally, L'l-Je Tribe OV,'11S the minerai estate underlying a majority ofReservation lands. As L1e result of the historical allctment, homesteading, and restoration ofundisposed of lands to tribal o'NTIersh.ip, the Reservatior is a checkerboard ofland oVvTIerships, ijncluding: lands held in trust by the United States for the T:-ibe's benefit; lands held in tnlst by the United States for the benefit of individual tribal members; lands ovroed in fee by members ofthe Tribe; lands owned in fee by non-Indians; fu'1d National Forest lands. The Clean Air Act directs EPA to promulgate regulations specifying those Clea'1 Air Act provisions for which Indian tribes may be treated in the saIne manner as states for the purposes of primacyin the development and implementation ofairquality programs. 42 U.S.c. § 7601 (d). EPA promulgated such regulations on Februarj12, 1998. 63 Fed. Reg, 7253. Pursuant to the Clean Air Act and EPAregulations, tribes have the flexibility to assumeresponsibiliry for administering some,out not necessarily al;. Clean Air Act prograiTIS a.'1G preserving that flexibility is important to the Tribe. In July, 1998. the Tribe subr.1ined an application fortreo.tment as astate 

### CT

.. \$application"). In its application. the T:ibe requested it be treated as a stale \.vith respect to the admiillstration of Clean Air Act programs over

# an land located within the exteriorbOlli,daries of:""e Reser-tation. The specific purposes of lle TAS application were to receive grant nmding under section 105 ofthe Clea.rl Air Act 

### al1a reognition as an "affected Stale" to comment on 

### d;-aft operating permits. The Tribe asserted in its TAS application thaI it has jurisdiction to regulate all sources ofair 

### pollution located within the Reservation's exterior boundaries under the Clea.! Air Act. L"1clu.ding non-Indian owned sources iocatec cn fee la.t1ds.
In its comments ;)0 the Tribe's TAS application, the State has objected insofar as the application requests tnbal Clean Air Act authority over non-IMi2.i: 

### o\:vned sources 

### located on 

### fee la.'1d \vithin L'1e exteriorboundaries ofthe Reser,'ation. The State asserts that

### P.L. 98-290 establishes its jurisdiction to regulate non-India.'i c\vned sources located on fee la.;:loS within the Reservation boundaries. There: is no dispute as to the Tribe'sjurisdictional authority to regulate sources ofair poUution located ontrust lands vvithin tne Reser

..ation and L::dian-o'..'vned sourceslocated on fee land within the Reservatior:.. The purpose of?.::... 98-290 was to avoid long 3Jid costly litigation over issues dependent on reservation or L-:ldian country status by confirming the bounda.-ies of the Southern Ute Indian Reservation and defmi:1gjurisdic1:ionwithin such reservation. Despite the enacHnentofP.L 98-290, the Tribe and the State do not agree as to territorial and regulatory jW:1sdiction concerning the adm.inistration of Clean Air Act progra..-ns relative 10 Don-Indian air pollution sources on fee-land within the boundaries ofL1e Reservation. Not\Viti1standing the Tr:be's and the State'5 conflicting iurisoictional assertions regarding the regulation 

### ofnon-Indian sources ofair pollution located on -fee la.'1ds v,rithin the boundaries of the Reservation, the Tribe 'L.-:d the State wish to work cooperatively to develop a comprehensive air quality prograITl applicable to all lands within the boundaries ofthe Reservation to improve and protect "the air quality on theReservation. 

### Jt is agreed that the air qualityprogram to 

### be developed pursuantto this Agreement should reflect the pa..'"1icular interests ofthe Tribe, yet remain compatible \vith State air quality goals. Tne State and the Tribe, as governments that stare conti'guous physical boundaries, recognize that it is in the interest ofthe environment and ail residents of the Reservation and the State of Colorado to work together to ensure consistent and comprehensive air quality regulation on the Reseryation W'ithout threat of expensive and lengthyjurisdictional litigation. The Tribe and State agree tbat the establishment ofa single collaborative authority for all lands ·",

..ithin the exterior bounda.ries ofthe Reserv'ation best advances rational, 50liJ,id, air quality



## . " rrJanagement and will minimize duplicative efforts and expendirures ofmonetaij' and prograHl resources by the Tribe and the State. The State a..'1d the Tribe alsc agree that the establishment of s,lch an 

### ai:- progra..'TI \VCuld create**th~** mostreadily detined regulatory envliOTh.'11ent for sources onthe Reserv·c.tion. Therefore. this Agreement encompasses the regUlation ofall air pollution sources on the Reser-ration.

2III. AUTHORITIES. 

### The Tribe is a federally recognized Indian tribe that is organized under a cor:srirJtion, approved by the Secretary ofthe Interior, pursuant to 

### the Indiun Reorganization Act of 1934, ch. 576, 48 Stat. 984 (codified as amended at 25 U.S.C. §§ 461, et seq.). The Tr:bal Council ofthe Southern Ute Indian Tribe is authorized to act for the Tribe by 

### the Constitution adopted by 

### the Southern Ute Indian Tribe and approved by 

### the Secretary ofthe Interior on November 4, 1936, and approved as all1ended on October 1, 1975. Colorado is a state admitted to the United States ofArnerica on an equaffooting, pursuant to 

### Art. IV, § 3 ofthe Constitution of

### the United States of

### A..rr,erica. The State cfColorado was 

### duly fonned 

### in 1876 under its Constirution and Enabling Act. The Governor ofthe State ofColorado is empowered to 

### 'act on-behalfofthe State pursuall! to Art. 

### IV ofthe Colorado Constitution and other authorities,
In 

### the Clean l·jr Act, Congress encourages cooperative activities a.'1d 

### agreements betvJeen adjoining governments ror the prevention and control ofairpoilution. 42 

### U.S.c. §7402. 

### Moreover, EPA strongly encourages tribal 

### a.rld State cooperation in the development 

### of air programs. 64 Fed. Reg. 8253. IV. PRESERVATION OF JURlSDICTION A..ND SOVEREIGN IM.1\11JNITY. 

### Nothing in thjs Intergoverr

.... rnental Agreement shaIl affect the respectivejurisdictions**oft.~e** 

### Tribe and the State as 

### set forth in 

### P.L. 98-290, until and UI'Jess changed by federal legislation. By emeringinto this Agreement, neitherthe State northe Tribe concedes orwaives any legal argwnents concelT'..ing the authority to regulate non-Indian airpollution sources located on fee lands within 6e boundaries of the Reservation. Upon ter:nination of this Agreement, the 

### parties acknowledge, understand and agree that tl'Js Agreement shall not operate as a bar,**waiv~r** 

### ofany rights ofthe parties, or in 

### any respect affect the ability ofan.y party 

### to this Agreement to 

### assert its arguments in**~upport** 

### ofits authority to 

### regulate non-India.'1 air pollution sources located on fee lands v,;thin the boundaries of**l~e** 

### Reservation. Nothing in 

### tbs Agreement shall be 

### construed as constituting a 

### 'Naiver ofany immunity by ei:her 

### the Tribe or 

### State for any 

### pu.-pose whatsoever.


## v . PROCESS FOR**ESTABLISHI~G** THE RESERVATION AIR PROGRAM. 

### The Tribe and the State agree that estabEsh£ngthe Reservation PirProgram will take many steps an.d occurinphases. The panies set forth the phases here to serve as a contextfor the remainder ofthe terms ofthis Agreement. A description ofthe phases also clarifies the particular aspects of this Agreement that 

## are operative at any given time

...,

## - - A. Formation Pb::lse. The Formation Phase is the time betv,:een execution of this A£reement and the e',2.crment ofTribal and SlJ.re legis:ation that approves ofthis Agreement and**cr~ates** the ComInission as provided in Sections VII a.::.d VITI. In the Fomation Phase. the Tribe and the State \vill seek the enabling legislation. If E?AgrarltS theporricn oftne Tr:be'sTAS application seekinu urant authority only for the timited purpose of dete!'iT'.ining that the Tribe is**eli~ible** to recei\';

### g~aj1t funding under section 105 oLhe Clean Air Act the State \vill not contest this-limited EPA finding. To imt:lement the tenns and conditions ofthis Agreement, tbe EPA wi]] also have to find**l~"'J.at** the Tribe has authority 1Q and is eligible to implement aregulatory programunderthe Clean Air Act. The Tribe will incorporate t.his Agreement and the Cormnission's role under this**A~reement** in any amended TAS application or request for EPA delegation to the Tribe ofCleal! 

# Air ,6..ct procrai11S. The Tribe and the State agree that they will cooperate to obtain this fw"'1her finding

### ~d**~?proval** from EPA as ;s necessary for and subjectto the performance afthisAgreement. The paIties win also seek federal legislation as set forth in this Agreement. During the Forrr:ation ?hase:-the T-ribe-a..id·the State 

### -"":111 work cooperatively to**adrniniste~** .:::d e;:L.=:.rce an air quality prograt'11**f~:Jr** the Reserv'atlon. as provided in Section IX. B. Development Phase. The Development Phase is the time period after enactment of the tribal and .StaTe-legislation creating..the ComInission and its authority and before adoption of federal legislation and delegation by the EPA ofany Clean I\i:- Act programs. In**t....~e** Development Phase, ,-,"e Commissicn will determine which parts ofthe Clea..'1 Air Act or other air prograIDs to incorporate into the Resef'l.:ation Air Program, based on State or otherregUlations as modifJed by the Corr:.;::-jssion to address :he part;c:.J.lar iocal circumstances ofthe Resen'aticn. The Tribe will then apply for delegation of those progralTlS from fP.:'

.. such deJegatior: jeing conditioned upon compliance**\~lith** this Agreement, including the COITunission's authority to j)CLrticipate ur:.der this

### Agr~ement in the admi:1istration ofthe Reservation Air Program. The COITlIrussion -will also adopt or;cedural rules and regulations for the Reservation .Air Program. Tne Comnlission \Vill work**--~.o0perativelywith** the Tribe's-EPD**staff.i.p..the.a(b'Djnis!ratia..."LIDd.impJg:;n~m.ationofth~_Reserxation** Air Program, as set forth in Sections VII and VIII. 

### The pa.."1ies shall also diligently seek federal legislation dUl-lng the c.evelopment phase. • C. Program Phase. The program phase is that time period after enactment offederal legislation tlJ.,C after acrual delegation of Clean Air Act PrograITlS by' the EPA. At that poi:!! ajl components ofthis Agree:nent will be in effect. \>1. 

### CONDITIONS.
A. Legislative RatificariOD. As a condition to implementation ofthis Agreement, the parties agree that this Agreement must be approved by the Colorado General Assembly.
B. State Statutory Enactment. As fu"1 additional condition, the pfu"ties agree that the state legislation needed to implement the terms of this Agreement,**includ~ng** autJ1Orizatior: fo:­ creaTion ofajoint Southern Gte Indial1 Tribe/State ofColorado EnviroD

..mental Contwl Corn

. rr.ission,

4

### shall be enacted by the Colorado 

### General Assembly during the Second Regular Session 

### ofthe Sixty·­ Second General Assembly.

­ C.**Trjb~d** Enactment. A.s all additional condition, the parties agree that the Tribe, through irs 

### Tribal Council, shall enact such resolutions or ordina.T1ces 3?proving 

### and pennit1ing the implementation of this Agreemem. including authorization for creation of ajoint Southern Ute India.'1 Tribe/State 

### ofColorado Environmental Control Comrnission, no later

### thaIl Ja!lUary 26,2000.
D. Agreement for Federal Enactment. The parties agree to support a.:ld to seek the passage of federal legislation, as provided in Section 

### XI. The parties agree to seek and suppon passage ofsuchfederal legislation during the Congressional session held during the year 2000. As an additional condition, ifsuch federal legislation is not enacted withi:1 two years ofthe effective date 

### ofthis A.greement, this Agreement shall become null and 

### void.
VII. THE STATEfTR1BE**ENv1RO~MENTAL** COMM:ISSION. The Tribe

## and the State shall establish ajoint Southern Ute India."1 Tribe/State ofColorado Environmental Control Commission ("Commission"), by the enactment oflegislationby eachpa.n)'. The Commission is not 

### an agency ofthe State 

### ofColorado nor**L~e** Southern 

### Ute Indian Tribe, but is 

### a sepa.""8.te entity. The Commission shall consist of six members, three ofwhom shall be appointed by the T:ibal Cou

. .."lcil ofthe Tribe and three ofwhom shall be appointed by the Governor. COITlInission members shall serve forule terms and underthe conditions specifiedinthe enabling legislation. The Commission shall a.TL'1uaIly elect a person to preside as chair. The chair shall alternate allDually between a tribal arlO State member. During their term ofservice, a member may be removed 

### \/viti: --6fwitl'iTjtlt-Caus·e-onITb;tth-e-atn:hority-tJl:at-aflpointed.!,hat member. The Commission shall only act by a majoriry vote ofall ofits members. The purpose ofthe Commission is to establish the mles and regulations applicable to L>:Je Reservation Air Prograrn and conduct review ofappealable administrative actions. Both the Trioe and the State may advocate any pa..'"1icular interest or vievvpoint to the Cornmission, but 

### 6e Commission is empowered to make rules and regulations for the Reservation Air Progra..To and to review aDpe'alabJe administrative actions ta..<en by the Tribe. \Vhile this Asrreemenl is in effect. C'1e

<0 "

- Tribe and the State shall recogpjze and abide by the Commission's decisions, a.."1d its rules and regulations.
To 

### carry out its functions, the Com..rnission may call upon the employees ofthe Tribe Ts Environmental Programs Division and the State's Air Pollution Comro: Division, as more fully set forth in Section VIII of

### this Agreement. The duties of

### the Commission shall include the responsibility to:

<: .)(a) determine the specific piOgrams under the Ciean Air Act. or other air programs. that should 

### apply to the Reservation. by taking into account the specific**envi:onme!~taL** economic, geographic and cultural needs oftne Reservation; (b) promulgate relies and regulations that are necessary for the proper implementation and adminisLT:J.tion ofthose programs, including determining which administrative actions are appealable to the Corr:.:.-nission; (c) establish procedures the Commission will follow in proillulgating rules and regulations, allG for review of appealable administrative actions**t~en** by the Tribe;

I (d) review and approve of a long-term plan, initially prepared by the Tribe, fOj improving and maintaining air quality within the Reser/ation, which also takes into

.__account regional pla:::ung in the La Plata a:1d Archuleta Coumy :-egion: (e) monitor the relationships alTlOng the State and tribal environmental protection agencies to facilitate infonnation sharing, techn.ical assistance aIle training; (f) review acL.-ninistrative actions ace()

# roing to the Cor.:u:lission's adopted admL'listrative procedu.res; /u) approve ar:d adopt fees for permits and other regulatory services conducted by the \: Tribe 0: the State, 3.J.J1er considering a proposed fee schedule prepared by the Tribe, and direct payment offees 

### by air pollution sources to the Tribe; (h)**ens~e** consistency and adherence to applicable standards and resolve disputes 0_.

__0_ =.involving.thirdparties;**:-:--=-;.,..,,~::,...._--**- .. . review emission inventories as c.eveloned by the Tribe and State: 

## 0)



## . 

# . . conduct public hearings pertaiTi::g to the adoption of rules and regulatlOns, or relating to review of appealable adIIlinistrative actions, and issue orders resulting from those proceedings; (k) , request tribal staff to perform any administrative or clerical functions necessary to issue orders and conduct Corr

.... -nission business, or the Commission at its option may appoint atechnical secretary to perfonn such duties, exceptthat no authority shall be deiegated to adopt, promulgate, amend orrepeal standards orregulations, orto make determir.ations, or to issue or cOll.'1termai1d orders ofthe COITll:1ission;
( 1\ any other duties necessa...ry to accor::piish the j)UljJoses ofthis Agreement, and as oj 2utho:1zed by the State**3.J.~d** tribal enabiing legislation.

6

### VIII. ADl\,UNISTRATION OF THE RESERVATION AIR PROGRAM. The 

### Commission is the 

### policy making and 

### administrative review authority for 

### the ResentatlOn AirProgram. The 

### ComInission may call upon either tribal or State staff for assistance 

### in ca.rrying out 

### its responsibilities 

### pursuant to this 

### Agreement. The Tribe and the State agree that during the DeveJopment 

### and Progra'11 Phases, tribal 

### employees shall assume the primary role for day-to-day administration and enforcement. 

### A. Duties ofTribe. The State and Tribe agree iliat the day-to-day adrr.inistration and enforcementofthe ReservationAirProgram shall be the responsibility oftheTribe. The Tribe agrees tha! 

### it shall administer and enforce the standards, rules and regulations adopted 

### bythe Corrunission for the Reser-tatlon 

### Air Program. The Tribe may also 

### promulgate rules and regulations 

### that are consistent vlith th.e rules and 

### regulations adopted by 

### the COli'

..

### Inissior: and necessary for the Tribe to maintain its 

### delegat:ons from EPA obtained to perform this Agreement. 

### In addition 

### to OL'1er responsibilities 

### that :},e 

### pa.l1ies may agree are necessary for L1e effective 

### implementation df this 

### Agreement, It is agreed 

### that the acL."T.linistrative 

### and enforcer:1e::t 

### responsibilities ofthe**~ribe** 

### shall include the 

### responsibility to: (a) prepare 

### initial drafts ofrules al1d 

### regulations for the Reservation Air Program for review by the State and, ultimately, for consideration by 

### the Commission; (b) administerall activities 

### related to permits including, for 

### exa.Tllple, pecmit application review, permit issuance, pennit modification 

### procedures, and conduct 

### all permit processing; (c) colleCT data., by 

### means offield 

### smdies aIld air 

### monitoring conducted by 

### the Tribe ;)r by 

### individual stationar:" sources-and-mobite-air pollution sources, and determine the nature and quality ofexisti.ng ambiem air throughout the Reservation; (d) conduct inspections ofaT1Y

### property, premises, or place within the 

### Reservation with respect to any actual, suspected, or potential source of

### air pollution or for ascertaining compliance or 

### noncompliance with any applicable requirements; (e) 

### furnish technical advice and services relating to air 

### pollution problems and control tech.niques; r (f) 

### initiate enforcement actions when**t~e** 

### results ofatmospheric tests conducted establish that the ambient air or source of 

### emission of smoke or air pollution fails to meet the applicable standards; (g) 

### develop a long-term plan, for approval by 

### the Commission, for 

### improving and maintaining air 

### quality within the Reservation, \vhich 

### also takes into account 

### regional planning in 

### the 

### La Plata and 

### Archuleta County region;



### 7(h) prep8Je a fee schedule fer approval 

### by the Com,,'TIission. a..'1d to colle::t said fees as are necessary for the adminis[;oation of the Reservaticr. Air Progra..J1 and the COfTiInission expenses. consister:.t with sub-section B belo'.\'; (i) expend and account for funds. either collected from air pollution sources or granted to the 

### Tribe by the 

### EPA to administer the Reservation 

### Air Program, for reasonable 

### and necessary expenses to administer the Reservation Air Program;
(' 

### J) establish emission inventories; 

### (k) issue permits and enforce the :er:ns and conditions o[pecri:s; (I) gather ir.formation from sources ofair pollution; (rr.) \ issue cease 2;.lid desist orders, and take other emen;:encv actions as rna\-' be necessarY

..... .. , -I. to**prote~t** the public jealtb., welfare and the enviror.Jnent; (n) issue notices ofviolation as may be required; (0)**requir~** any air poJution source :0furnish iriormation related to source emissions or :0 3.J1)1 investigation authorized by Ja'.v or regulation, and to obtain from a court of appropriate jurisdiction asubpoena to compeltheproduction ofnecessary doc:..:.:nents to obtain such information; (P) prepare applications for delegation of programs from EPA, in furtherance ofthis Agreement. The Ttibe-slfa:U-afford the State, trJJough its Air Quality Control Division and Air Quality Control Commission, L1e opportunitytoparticipate 

### in the carrying out ofsuchresponsibilities by t...l:le Tribe, ttJough appropriate notice, COtrl.O'11ent a..'1d consultation. • B. Funding forCommission andProgram Costs. Oncethe Comrnission is established and during 

### t.1C Program Phase ofthis Agreement, it is 

### L'le intent ofthe Tribe and the State that funding for administration of the Reservation Air Program and the CO!1lt"TIission's expenses shall come from fees and gTat"'1ts. Pursuant to Section VII, the Comm:ssion shall establish fees for air pollution S01:lTces and direct payment ofthose fees to L'1e Tribe. The Tribe shall apply for a.."'1d may receive 

### grfu"its from EPA for administration 

### ofthe Reservation Air Program. From these revenues (i.e., fees and grants), the Tribe shall fund the staff and program costs necessary to perfonn the Tribe's duties under this Agreement. The Tribe shail pay the State for the personal services costs, at a rate of compensation determined by contract, of any State employee who participates in the administration ofthe ReseiVation Air Program pursuant to this Section VIII. It is the intent ofthe Tribe and the State that fees shall also be suff1cient to cover the Commission's necessary' expenses. The par1ies agree that they may alsojointly seek funding from EPA for the necessary expenses of the Commission to performits duties. To the extent such EPA funding is not obtained Oriffunding from fees is not allowed by the Clean Air Act. the State 8..11d the Tribe each 

### wiil be responsible for

. 

### ..
8funding associated with the participation oftheir representatives on the CO!TIrnission. However, 

### State funding for its expenses is conditioned upon appropriation or the aV2.ilabiJity 

### ofother state-only funds that the State could use for this purpose. 

### IX. TRIBAL AND STATE**COOPER~TION** 

### DURING THE FOR\IATIO;"; .A.-ND DEVELOPMENT PHASES OF THE RESERVAT10N AIR**PROGR~M.** The panies recognize that**L~e** 

### fulfillment of

### the pu.rposes 

### ofthis Agreement will require communication, collaboration a.'1d cooperation among the State, Tribe, and federal governments, State agencies such 

### as the Department of

### Public Health and Environment and 

### the Air Pollution Control Division, the Tribe's Environrnental ProgTaffis Division, EPA, and the Commission. Such cooperation is especially needed during the formation and development phases ofthis Agreement. A. Air-Prog'ram During tb'eFormation and Development Phases. 

### During the Formation and DevelopmentPhases, the Tribe

## ""'ill wcrkcooperativelyv,'ith EPA to allow direct

### EPA. implementation ofClea11,AJr Actrequirements for sources located on trust lands afJd Indian sources located on fee laT"lds within the Reservation. With regard to Fee Lands, the Tribe will notjurisdictiona1!y challenge the State's administration 

### ofsuch programs withrespect to nonIndian owned air pollution sources located on fee lands withjn the Reservation. 

### During: the formation and development phases, for regulation ofnon-Indian air pollution sources on fee lands, the State and the Tribe shall participate together in regulatory activities. L'1 its administration of permits for non-Lrldian air pollution sources on fee lands, 

### the State shaL (a) notify t.'1e Tribe upon receipt of permit applications and afford the Tribe**3.J~** opporrunlty to participate in the review ofpermit applications; (b) afford the Tribe the oppornmity to review and comment, within thirty (30) days, on draft notices ofviolation, draft consent orders, draft**complian~e** orders, and draft air pollution source permits prepared by the APCD; (c) afford the Tribe the opportunity to panicipate m source inspections and :n surveillance activities; 

### Cd) notify the T:ioe and provide for tribal participation in decisions cor:cc:-::iDg potential enforcement actions, incl:.:dingpenaltiesto be assessed, a.'1d participation in aE notice ofviolation conferences.
1. Funding during the Formation and Deyelopment Phases. Du.:.-ing the Formation Phase, the State \Vi]] continue to assess and collect fees as pDvided by Colorado statute and will expend such p.mdsto administerthe Stateprogram for non-lndiaT'J sources Of.fee lands. The Tribe 

### will use its o\Vn funds or may apply for EPA grants to fund 

### i':5 activities. During the DevelopmentPhase, permittingfees and any otherfees for non-Indian owned sources located on fee lands will be divided bet\veen the Tribe and State in a manner that is commensurate with the



### 9

### responsibiJitles, costS 

### .n::urrd, aId time' spent by 

### each parry 'With respect to SL:cn pe:rnits and su6 di\,:ision 

### offees shall be aut.honzed pursuant 

### to the Slate and tribal iegislation conter:1piatec hereiD. The oanies shan 

### ende::lvor to reach 

### agreement on:he appropriate division offeesprior 

### to L1e 

### conduct of

### l1~Y ,vork related 

### to such permits. B. 

### Other Cooperation during the 

### Formation and Development Phases. During the 

### time period 

### that the COffiInission is being created 

### by State and tnballegislation, ar,d 

### Driorto tne time th3.1 -:'PA delegates specific progrm,s to the TriDe, (be Tribe and the State acree

, 

# ­ to cooperate as follows:
1. Technical Assistnnce. The State, by and through the APeD, wiD advise L1e T;ibe about the kinds cfteclmical assistancethat it canprovide, The Tribe, ",;ththe assistance ofthe APeD, 

### 'Will develop tecl-.u"1icar**-assi5tance-p-rit>nties~-Th.e·-A.PCD** 

### ",'"ill make available tecrs:ical expertise from all APCD progralTI areas to assist the Tribe in the development and management of the Reservation Air Program aIld to assist the Tribe in developing its Owl) teciulical expertise in air resource management, The Tribe alld the APCD agree to exchange 

### technical expertise regarding: maners of mutual interest. Unless otheJ"\';ise required by state 'or fede:al law, the APeD sh.all 

# not share or :-ele2se to any other governmc:1tal or private agency or person, without the 'mitten consent ofthe Tribe, any information obtained**~y** the APeD from the Tribe or i::1Tormation generated by L'1e APCD u-.:roug.h technical assista11ce to the Tribe;provided, hcwcve:, this confidentialityrequiremer.t shall :1.01 apply :0 information which has alreacy been disciosed TO the public "::>y the T:ibaJ Council or its

....epresentatiyes a.'1d information that L1.e Tribe specl!ically 

### appToves for distribution to the public. Ifthe APeD 

### :-eceives a request under the state Open Records Act to disclose coniidential information, the APeD shall notify the Tribe ofthe request 

### 'Wit1in a time sufficient to enable the Tribe to assert its claim to confidentiality prior to the APCD producing any requested documents.
2. Training. Upon request, the Tribe will 

### help APCD employees improve their und;;rstancir:g ofSouthern Ute traditional values a.'1C practices, natural**reso~ce** vaiues, treaty a.."1d othe: federally reserved rights, and relevant law eLforce:ne;1t pOIJcy issues, The .AJ'CD 

### -wiI: provide the Tribe with access to APeD training programs. To facilitate the anenda."1ce oftribal personnel at .AJ'CD training progra..us, the APCD shall notify te'1e T:i.be in advance ofsuch programs. 

### 3. :Funding. During 

### the Frogr2Ji1 Phase, the 

### Reservation Air Program shall be funded as setforth in Section VIII above. 

### X. ENFORCEMENT AND JUDICIAL REv1EW.
A. During Formation and Development Phase.
Pr:or to L'1e formation ofL'-Le ComJnission and the adoption of the federal legislation and actual EPA deiegation ofClean AirAct programs. the pa."1ies agree that the 

### State Ii:1ay exercise civii and criminal enforcementjunsdiction over**non~Indians** on 

### fee lan.ds within Reservation boundaries fer violations ofapPlicable air quality regulations. Appeals of State air enforcement action and

10

### other air quality related decisions may be brought in Slate coun consistent with State law and regulation. Pursuant to 

### P.L. 98-290, the 

### Tnbe may 

### exercise jurisdiction over Indians on 

### ali lands \vithin the boundaries of the Reservation, and 

### over non-Indians on trust land. for violations of applicable tribal air quality regulations. 

### Nothing herein is intended 

### as restricting, diminishing or defining the jurisdiction of

### EPA.
B. During tbe 

### Program Phase.
1. 

### Civil EnforcementAction. Fallowing the adoption ofthe federal legislation and EPA delegation ofClean Air Act programs contemplated by this agreement. the Tribe

.."rill exercise civil enforcementjurisdiction over any 

### persons on all lands within Reserv'ation boundaries for violations of the Reservation air quality progr-alTI, subject to administrative review by the Commission. Consistentwiththe federal legislation contemplated bythisAgreement.. final decisions ofL1e Commission "Will be subject··wreview--m-federal·distr-ict-court in accord with the provisions ofthe federal Administrative Procedure Act. 2.' CriminalEnforcementAction. 

### Follovvi:1gL.'"1e formation oftheCorrunissioD and the adoption of**~he** 

### federal legislation contemplated by this agreement,- it is L,1e intent ofthe parties that EPA. 

### vtill exercise criminal enforcementju..-isdiction over ar:y 

### persons on allla.11ds v..i:h 

### Reservation boundc.ries for violations ofthe Reservation Air Program. 

### Xl. FEDERAL LEGISLATION. The State and Tribe agree to seek cooperatively federal legislation to confmn the eligibility oft...1e Tribe ro receive adelegation ofauthority to admirjster programs undert.he Clean AirAct for all larlds v,ithin the bounda."ies ofthe Reservation, contingent upon the continued existence oftrus Agreement. The purpose ofthe federal legislation will 

### be 1:0 

### facilitate the delegation ofauthority to 

### the Tribe pursUlh'"Jt to 

### tIle tems and conditions ofthis Agreement and t9 provide an effective mechanismforL,1e enforcement ofprogramrequirements and for administrative andjUdicial review. It is agreed that the panies will seek legislation whereby, not:\Vithstan.ding any limitation contained in PL. 98-290 

### cir any other limitation contained in 

### federal law, u.1e Tribe Will be authorized to be Treated as a State for Clean Air A.ctpurposes for all lands within the Reservation and recognized as eligible to 

### receive adelegation ofauthorityfrom EPA to administer programs 

### pursuant to the Clean Air Act, provided that Lhis Agreement and thejoin! Southern Ute 

### Indian Tribe/State ofColorado Enviror.u"'!1enjai Control Cornm:sslOn, establishedpursuantto State and tribal law as provided herein,

, .**'~+.** 

### remams m**e!~ect.** 

### XlI. TRlBAL TREATMENT AS A STATE APPLICATIONS AND REQUESTS 

### FOR PROGRA..lY1 

### APPROVAL 

### During the DevelopmentPhase, l1)e Tribe shall apply to EPA for approval ofClean Air Act programs and delegation to the Tribe ofthe authority to administer such programs with respe::t to 

### all lands "."ithin the Reservation, as determined by 

### the Commission a.l1d 

### subject to the terms ofthis Agreemenr. The State agrees that it will notju.risdictionally challenge**~he** 

### Tribe's requests to EPA

11 #

..fei appro""al ofthese programs ordelegation to the Tribe ofthe authority to administer Clean Air Act progr3.rns vvith respect to the Reservation. including non-Indian fucilities located or non-Indian actiYities conducted en fee lands within the boulldaries ofthe ReserJation, provided such requests are pursuant ro the deteI7f11nation ofthe Commission and subject to the terms ofthis

### Agree~ent. For Indian tribes establishing eligibilitypursuaZlt to 40 C.F.R. 

### §35.220 (a), EPA may provide fir:ancial assista.'1ce 

### in an 2...'110unt 

### up to 95 percent (95%) 

### of the approved costs of planning, 

### developing, establishing, or approving an airpoilution control prograrn, and up to 95 percent (95%) cfthe approved costs ofmaintaining that program. 40 C.F.R. 

### § 35.205. The Tribe and tl'1e State agree to cooperate in see.King from EPA a.ny recognition of or dele!Zation to L'1e Tribenecessary to ca."TY out the terms and conditions oftllis Agreement. The State**a2re~s** that it will support a."l amended or additional TAS application or request for prOl!rai"!1

### d~le£ation by the Tribe whichincorporates the terms ofthis Agieement. The Tribe agrees that

# it

..."ill not**s~bmi** t a request for approval ofa Clean Air Act prograrn orfor approval ofpartial elements of a Clean Air Act program urJess asked to do so by the Commission and in accordance 'wiili ti.e requireme:1ts cond.:.::ed in t...l.J.is Agreement. 

### XlII. MISCELLk"'<EOl.)S.
A. Effective Date. Ti'Js Agreement shall begin ac"ld become effective when executed by both parties.
B. Amendment. The parties 

### may amend 

### this Agreement 

### fTom tL.'TIe to time in \N1'iting, provided that such amendmentmust bearthe signature ofan authorized representative ofeachparty. This provision for amendment is 

### not intended to grant 

### to any 

### pany individually or to the parties coilectively any legislative authority to cha.'1ge State OJ Tribal law**·wit.~out** the concurrence ofthe appropriate legislatlve.body. C. Termination. This Agreement shall continue in effect until terminated bv • J

ioint aQTeement ofthe parries, provided, however, that eitherpfu"'tymaytenninate**L.~.e** agreement contained herein by giving advance written notice of one year to the other parry. 

### Any termination ofthis Agreement shall serve to end the delegation

### from EPA to the Tribe 

### to administer any CleanAir Act progr2.1'TIS**delegaH~d** pursuant to this Agreement. The termination of this Agreement shall also operate as a:rautomatic repeal of :he State and tribal legislation enacted pursuant to Section Vi of tris Agreeme:1t.
D. Notices. Notices hereunder shall be in \vTiting and shail be given by personal delivery or by deposit in the United States mail by certified mail, re.turn receipt requested, postage prepaid 3..l.'1d addressed to the Tribe and the State at the addresses set forth below, Or such otherplace as is provided (0 the other parties by 'NT:inen notice:

12Southern Ute Indian Tribe Southern Ute India.'1 Tribe .A.ttention: 

### Tribal Chairman with a CORY to: 

### Environmental 

### PrograrTlS Division 

### P.O. Box 737 ----. _ Auention: Director 

### Ignacio, CO 81137 

### P.O. Box 737 

### Ignacio, CO 81137
State ofColorado 

### Execu:ive Director 

### Office ofthe Governor 

### with a CODY to: Colorado Department of

### Public 136 State Capitol Health and Envirorlmenr 

### Denver, CO 80203- I

### 792 4300 Che:ry Creek LDrive South, Buildinll A, First Floor Denver, CO 80246-1530

... :.-::-·-.-Attorney-General 1525 Sherman Street, Tn Floor Denver, CO 80203 

### Notice shall be effective as ofthe date ofreceipt.
E. No Third Party Beneficiaries. This Agreement is made and entered into for the sole protec!ion a.'1d benefit of the Tribe and the State, a.'1d is not intended to create any benefit, obligation, 

### or cause of action, whe6er direct or indirect, 

### for any party not a s:gnatorj to t:1is Agreement. F. Severahility. Ifany provisions ofLrus Agreement are determined to be prohibited by or invalid under applicable laws, th.ose provisions shall be ineffective only to the extent ofst::ch 

### prohibition or inyalidi

### ry; Vvi'th0ut-affecti:Eg-the-v-al..iclity
..or-enforceability. 0f the remainingprovisions**~fthis** Agreement. The Tribe and the State agree to**~eet** and negotiate in good faith to a.'1lend 

### 6is Agreementinthe eventanyprovisions are deteffilined to be prohibited by or

### invalidunderapplicable laws. G. Complete Understanding. 

### This Agreement

### is LT1tendec as the complete integration of all understandings 

### between the parties concerr.Jng the Reservation

. .6Jr Program. No prior or contemporaneous addition, deletion, or other amenciment to tbs AgTeement shall have any force or effect whatsoever, 

### ll11less embodied in tills As:eement. r - H. Periodic Review. On 

### the an11iversa. r

### y date ofthis 

### Agreement Or on some ot.her mutually agreed upon date, but in no event less than every tr.J"ee years, the parties to this Agreement agree to meet and 

### confer to 

### discuss compliance, 

### progress in implementation, 

### whether a..'11endments are necessary, and other issues related to this Agreement.

13

## rr
..;WITNESS WIIEREOF, the par:ies have ca.l.;sed this 

### ,iI.greement 10 be 

### executed, 

### SOUTHERJ'J UTE [\JD;AN TRIBE STATE OF COLOR;\DO



# ------ 

# .. /

....

## ', J "l' ( \ 

# ,**ICc~,---{** 

# Cb \**~U) ~)W{;L,.**  

# ',<­

.. Bv.'- II

## v~:::::±::-~-<.l,( /. \,

## ~0""" By:::-:- -:-
_

. Ri'

. S V' eh 'Y'

Howard D

.. cnaras, L, lee· ,amnan 

### Bill Owens, Governor Date ScuLhem 

### Ute 

### Indian Tribal COili'1cil

\/ \:'

# D~~;ZC-'(/~E~'(**I~.** /999**f~** \(/1 I (/'**,~** \ \J..j..'""'-.**Jc...x~** 'l", \ 

## 2 

## ! l :) } Q C.



### __**....:.---=----O:.....:::~----.:.-.!...\** ! I 

### ..:.. L Ken Salazar, Attorney General Date

I'

14AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BETVt'EEN THE 

### SOUTHERN liTE INDIAN TRIBE AND THE STATE 

### OF COLORADO**CONCER.~ING** AiR QUALITY CONTROL ON THE SOUTHERN lJTE INDIAN RESERVATION

The Southern Ute Indian Tribe and the State ofColorado agree to amend the Intergovemmental Agreement between the Southern UteIndian Tribe and the State ofColorado Concerning 

### Air Quality Control on tbe Southern Ute Indian Reservation, dated December 13, 1999, in accordance mth section XITI (B) ofthe Agreement, as follows:
Section VI (D) shall be deleted in its entirety and replaced with the following: 

### Do Agreement for Federal Enactment. The parties agree to support and to seek the passage 

### offederal legislation, as provided in Section XI. The parties agree to seek and support passage ofsuch federal legislation during the Congressional session held during the year 2000,2001, and 2002. As an additional condition, ifsuch federal legislation is not enacted within three years oftbe effective date oftrus Agreement, this Agreement shall become null and void.
All other provisions in the Agreement 

### shall remain the same.

SOUTHERN UTE INDIAN TRIBE STATE OF COLORADO 

# ---.." <;1;' (\**BY:\~(V:~)** Bill Owens, Governor

-- Date. _, ( 

### f 

# t 

# e:-.- t'-l() ,

# BY:\~**)~** Ken Salazar, Attorney Genefal Date \. '" { :L"t 

### I LD, I

C:\TEMPIJGAAmendm<:ot wpd 11127/01 Date L

## ------- SECOND AMENDMENT TO INTERGOVER'i'MENTAL AGREEMENT BETWEEN THE SOUTiIERNUTE INDIAN TRiBE AND THE STATE OF COlLORAdJ10 CONCERL"ING AIR QUALiTY CONTROl, ON THE SOUTHERN UTE liNDllAN RESERVATION

The Southern Ute Indian Tnbe and the State ofColorado agree to amend the Intergovernmental Agreement between the Southern Ute Indian Tribe and the State ofColorado Concerning Air Quality Control on the Southern Ute Indian Reservation, dated December 13, 1999, in accordance \'/itb section XIII (B) ofthe Agreement, as follows:
Section VI (D) shall be deleted in its entirety and replaced with the following:
D. Agrennent for Federal Enactment. The parties agree to support and to seek the passage offederal legislation, as provided in Section XI. The parties agree to seek and support passage 

### ofsuch federal legislation during the Congressional session held during 2003. As an additional condition, if such federal legislation is not enacted by December 13,2003, this Agreement 

### shall become null and void.
This amendment may be signed by the parties in one or more counterparts, each ofwhich shall be deemed an original, but aU ofwhich together shalJ constitute one and the same instrument. AJ] other provisions in the Agreement shall remain the same.

SOuTHERN UTE INDIAN TRIBE STATE OF COLOR./\.DO
I ( 

# \'2..\ t)\O'L \ ' By:

_ Pearl E. Casias, Acting Tribal Chainnan Date

\ / r-...
...... i'--- \**~'i** \'\ r. \ /', "l:JiC;i By: \

### '~',/h -.J (, 

### 'J:.J\CC-" I ( ( 

### I**~0 <~**  Date Ken Salazar, Attorney**Ge~ral** DateSECOND AMENDMENT TO iNTERGOVERNMENTAL AGREEMENT BETWEEN THE SOUTHERN UTE INDIAN TRlBE A.ND THE STATE OF COLORADO CONCER..T\l'ING AIR QUALITY CONTROL ON THE**SOUTHER~** UTE INDIAN 

### RESERVAnON

The Southern Ute Indian Tribe and the State ofColorado agree 

### to amend the Intergovernmental Agreement between the Southern Ute Indian Tribe a:1d the State ofColorado Concerning Air QualityContra] on the Southern Ute Indian Reserva(ion, dated December 13, 1999, in accordance with section

## xm (B) of

### the Agreement, as follows: Section 

### VI (D) shall be deleted in its entirety and replaced v ...·ith the following:
D. Agreement for Federal Enactment. The parties agree to support and to seek the passage offedera1legislation, as provided in Section 

### XI. The parties agree to seek and support passage ofsuch federal legislation during the Congressional session held during 2003. As 

### an additional condition, if such federal legislation is not enacted byDecember 13,2003, thlS Agreement shall become null and void. This amendment may be sigrled by the parties in one or more counterparts, each ofwhich shall be deemed an original, but all ofwhich together shall constitute one and tr.e same instrument. All other provislOns in the Agreement shall remain the same.



### SOUTHERt1\J UTE 

### Ii'H)LA.N TRffiE STATE OF COLORADO 

### ./)**\~** 

## . . ;J

. By:

_ 

### By: 

# i.**J!e~** 

## __ jearl E, Casias, A{ting Tribal Chainnan Bill Owens, Governor Date /

.
By:

_ 

# .**A:~.** {/ (. I Date ) Ken Salazar, Attorney Genera] Date

### THIRD Al\IE:"JDMENT TO mTERGOVERNMENTAL AGREEMENT BET\VEEN THE 

### SOUTHERJ""l UTE INDIAN TRIBE AND THE STATE OF COLORADO CONCERNTN

### GAIR QUALITY CONTROL ON THE SOUTHERN UTE 

### INDIAN 

### RESERVATION

The Southern Ute Indian Tribe and the State ofColorado agree to amend the Intergovernmental Agreement between the Southern Ute Indian Tribe and the State 

### of Colorado Conceming Air Quality Control on the Southern Ute Indian Reservation, dated December 13, J999, in accordance with section XIIJ (B) ofthe Agreement, 

### as follows:
Section 

### VI CD) shal1 he dekted in its entirety and replaced with the following: D, Agreement for Federal Ena.ctment The parties agree to support and to seek the passage offederal legislation, as provided in Section 

### XI. The parties agree to seek and support passage ofsuch federal legislation during the Congressional session held during 2004. As an additional condition, if such federal legislation is not enacted by December 13,2004, this Agreement shall become 

### null and void. This amendment may be signed by the parties in one or more counterparts, each ofwhich shall be deemed an original, but all ofwhich together shall constitute one and the same ( instrument. All other provisions in the Agreement shall remain the same.



### SOUTHER1"J UTE INDIAN TRlBE STATE OF COLORADO

;'

# By:J),.~~{~**j~~** "' 

# _ .._. 

## ------ Bv: Howard 

### D. Richards, 

### Sr., Bill Owens, Governor Date Tribal Chainnan



### By:

_ Ken Salazar, 

### Attorney General DatefROf.tol)EPT. 

## or LAW 3038565571



### mIRD AMFNDMEN'fTO**lNfERGOVERNME:.~** 

### AL AGREEMENTBBTWEEN THE SOunmRNUTE 

### 'D\1J!AN TRIBE Al-IDTHE STATE OF COLORADO CONCFJtNINO AIR QUAlJTY CONTROL 

### ON THE SOU"I'HF-RNlrr:EINDIAN 

### RESERVATION

The Southern Ute Indian Tribe and \JI.e State ofColorado agree to amend 

### the 

### IntergovernmentalAgreementbetween the Southern Ute Indian Tribe 

### and the State of Colorado Concerning Air QualiTy 

### Control on the Southtm Ute Indian**Res~ation,** 

### dated December 13. 1999. in accordance with 

### section

# xm (B) 

### ofthe Agreement. 

### as follows: Section VI (D) 

### shaH be 

### deleted in irs entirety and replaced 

### with 

### IDe following: D. Agreement for Federal Enactment. The parties Bgree 

### 'to suppon and to 

### seek the passage offederal legislation. as providedin Section XI. 

### The panic!> 

### ;agree to seek and support passage ofsuch fedeIal legislation 

### outing the Congressional 

### session held 

### during 2004. As an eUditional 

### condition, 

### if such federal Iegjslation is not enactedby

### December 13. 2004. this Agreement shall become null and void. This amendment maybe signed 

### by theparties in one ormore counterpans, each ofwhich shall be deemed an original, but all ofwhich together shall constitute one and the same instrument. 

### All otherprovisions in the Agreement shall remain the same.


### SOUTI-!ERN UTE INDIAN TRIBE STATE OF COLORADO



### By:

# ~OuJfp.**!~~~** By:

_ 

### Howard D. Richards. 

### Sr., Bill 

### Owens. Governor Date 

### Tribal Chainnan

By:

# ~S-~ Date Ken Salazar, Anomey General