I 
108TH CONGRESS 
1ST SESSION H. R. 1484
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. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 27, 2003
Mr. MCINNIS introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce, and in addition to the Committee on 
Resources, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
A BILL 
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 Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Southern Ute and Col-
orado Intergovernmental Agreement Implementation Act 
of 2003’’. 
SEC. 2. FINDINGS AND PURPOSE. 
(a) FINDINGS.—Congress, after review and in rec-
ognition of the purposes and uniqueness of the Intergov-
ernmental Agreement between the Southern Ute Indian 
Tribe and the State of Colorado, finds that—
(1) the Intergovernmental Agreement is con-
sistent with the special legal relationship between 
Federal Government and the Tribe; and 
(2) air quality programs developed in accord-
ance with the Intergovernmental Agreement and 
submitted by the Tribe for approval by the Adminis-
trator may be implemented in a manner that is con-
sistent 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 con-
trol programs under the Clean Air Act (42 U.S.C. 7401 
et seq.) and other air quality programs developed in ac-
cordance with the Intergovernmental Agreement that pro-
vide for—
(1) the regulation of air quality within the exte-
rior 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 ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) COMMISSION.—The term ‘‘Commission’’ 
means the Southern Ute Indian Tribe/State of Colo-
rado Environmental Commission established by the 
State and the Tribe in accordance with the Intergov-
ernmental Agreement. 
(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 au-
thorized to treat the Tribe as a State for the pur-
pose 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 ap-
proves an air program application of the Tribe, the 
approved program shall be applicable to all air re-
sources within the exterior boundaries of the Res-
ervation. 
(b) TERMINATION.—If the Tribe or the State termi-
nates the Intergovernmental Agreement, the Adminis-
trator shall promptly take appropriate administrative ac-
tion to withdraw treatment of the Tribe as a State for 
the purpose described in subsection (a)(1). 
SEC. 5. CIVIL ENFORCEMENT. 
If any person fails to comply with a final civil order 
of the Tribe or the Commission made in accordance with 
a program under 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 Com-
mission, as appropriate, may bring a civil action for de-