Southern Ute and Colorado Intergovernmental Agreement Implementation Act of 2004

Bill: 108-s-551
Sponsor: Sen. Campbell, Ben Nighthorse [R-CO]
Introduced: 2003-03-06 in the Senate
Policy area: Environmental Protection
Subjects: Administrative procedure
Air pollution control
Civil actions and liability
Colorado
Crime and Law Enforcement
Delegation of powers
Environmental law enforcement
Federal-Indian relations
Government Operations and Politics
Indian lands
Indian law enforcement
Injunctions
Judicial review
Law
State government-Indian relations

Summary:
action_date: 2003-03-06
text: Southern Ute and Colorado Intergovernmental Agreement Implementation Act of 2003 - Authorizes the Administrator of the Environmental Protection Agency to treat the Southern Ute Indian Tribe as a State for purposes of implementing and enforcing air quality control programs for their Reservation, as developed in the Intergovernmental Agreement.
action_date: 2003-11-19
text: 
Southern Ute and Colorado Intergovernmental Agreement Implementation Act of 2003 - Authorizes the Administrator of the Environmental Protection Agency to treat the Southern Ute Indian Tribe as a State for purposes of implementing and enforcing air quality control programs for their Reservation, as developed in the Intergovernmental Agreement. 
 
Specifically retains the right of any individual to seek injunctive relief to immediately restrain a pollution source which is presenting an imminent and substantial endangerment to public health or welfare under the emergency powers provision of the Clean Air Act.

action_date: 2003-11-21
text: 

(This measure has not been amended since it was reported to the Senate on November 19, 2003. The summary of that version is repeated here.)

 
Southern Ute and Colorado Intergovernmental Agreement Implementation Act of 2003 - Authorizes the Administrator of the Environmental Protection Agency to treat the Southern Ute Indian Tribe as a State for purposes of implementing and enforcing air quality control programs for their Reservation, as developed in the Intergovernmental Agreement. 
 
Authorizes the Tribe or the Environmental Commission established by the Tribe and the State of Colorado to bring a civil action for declaratory or injunctive relief or other enforcement orders in the U.S. District Court for the District of Colorado if any person fails to comply with a final civil order of the Tribe or Commission under specified air quality provisions.
 
Retains the right of any individual to seek injunctive relief to immediately restrain a pollution source which is presenting an imminent and substantial endangerment to public health or welfare under the emergency powers provision of the Clean Air Act (CAA).
 
Provides for appellate review by the U.S. Court of Appeals for the Tenth Circuit of any decision by the Commission that would be subject to review if made by the Administrator.
 
States that nothing in this Act modifies the CAA, specified law concerning tribal boundaries and jurisdiction, or related administrative rules or affects or influences past or prospective judicial interpretations of such laws.

action_date: 2004-09-30
text: 

(This measure has not been amended since it was reported to the Senate on November 19, 2003. The summary of that version is repeated here.)

 
Southern Ute and Colorado Intergovernmental Agreement Implementation Act of 2003 - Authorizes the Administrator of the Environmental Protection Agency to treat the Southern Ute Indian Tribe as a State for purposes of implementing and enforcing air quality control programs for their Reservation, as developed in the Intergovernmental Agreement. 
 
Authorizes the Tribe or the Environmental Commission established by the Tribe and the State of Colorado to bring a civil action for declaratory or injunctive relief or other enforcement orders in the U.S. District Court for the District of Colorado if any person fails to comply with a final civil order of the Tribe or Commission under specified air quality provisions.
 
Retains the right of any individual to seek injunctive relief to immediately restrain a pollution source which is presenting an imminent and substantial endangerment to public health or welfare under the emergency powers provision of the Clean Air Act (CAA).
 
Provides for appellate review by the U.S. Court of Appeals for the Tenth Circuit of any decision by the Commission that would be subject to review if made by the Administrator.
 
States that nothing in this Act modifies the CAA, specified law concerning tribal boundaries and jurisdiction, or related administrative rules or affects or influences past or prospective judicial interpretations of such laws.

action_date: 2004-10-04
text: 

(This measure has not been amended since it was reported to the Senate on November 19, 2003. The summary of that version is repeated here.)

 
Southern Ute and Colorado Intergovernmental Agreement Implementation Act of 2003 - Authorizes the Administrator of the Environmental Protection Agency to treat the Southern Ute Indian Tribe as a State for purposes of implementing and enforcing air quality control programs for their Reservation, as developed in the Intergovernmental Agreement. 
 
Authorizes the Tribe or the Environmental Commission established by the Tribe and the State of Colorado to bring a civil action for declaratory or injunctive relief or other enforcement orders in the U.S. District Court for the District of Colorado if any person fails to comply with a final civil order of the Tribe or Commission under specified air quality provisions.
 
Retains the right of any individual to seek injunctive relief to immediately restrain a pollution source which is presenting an imminent and substantial endangerment to public health or welfare under the emergency powers provision of the Clean Air Act (CAA).
 
Provides for appellate review by the U.S. Court of Appeals for the Tenth Circuit of any decision by the Commission that would be subject to review if made by the Administrator.
 
States that nothing in this Act modifies the CAA, specified law concerning tribal boundaries and jurisdiction, or related administrative rules or affects or influences past or prospective judicial interpretations of such laws.

action_date: 2004-10-18
text: 

(This measure has not been amended since it was reported to the Senate on November 19, 2003. The summary of that version is repeated here.)

 
Southern Ute and Colorado Intergovernmental Agreement Implementation Act of 2004 - Authorizes the Administrator of the Environmental Protection Agency to treat the Southern Ute Indian Tribe as a State for purposes of implementing and enforcing air quality control programs for their Reservation, as developed in the Intergovernmental Agreement. 
 
Authorizes the Tribe or the Environmental Commission established by the Tribe and the State of Colorado to bring a civil action for declaratory or injunctive relief or other enforcement orders in the U.S. District Court for the District of Colorado if any person fails to comply with a final civil order of the Tribe or Commission under specified air quality provisions.
 
Retains the right of any individual to seek injunctive relief to immediately restrain a pollution source which is presenting an imminent and substantial endangerment to public health or welfare under the emergency powers provision of the Clean Air Act (CAA).
 
Provides for appellate review by the U.S. Court of Appeals for the Tenth Circuit of any decision by the Commission that would be subject to review if made by the Administrator.
 
States that nothing in this Act modifies the CAA, specified law concerning tribal boundaries and jurisdiction, or related administrative rules or affects or influences past or prospective judicial interpretations of such laws.


Legislative actions:
action_date: 2004-10-18
text: Became Public Law No: 108-336.
action_date: 2004-10-18
text: Became Public Law No: 108-336.
action_date: 2004-10-18
text: Signed by President.
action_date: 2004-10-18
text: Signed by President.
action_date: 2004-10-07
text: Presented to President.
action_date: 2004-10-07
text: Presented to President.
action_date: 2004-10-04
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2004-10-04
text: On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H7976)
action_date: 2004-10-04
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by voice vote.(text: CR H7976)
action_date: 2004-10-04
text: DEBATE - The House proceeded with forty minutes of debate on S. 551.
action_date: 2004-10-04
text: Considered under suspension of the rules. (consideration: CR H7976-7977)
action_date: 2004-10-04
text: Mr. Bilirakis moved to suspend the rules and pass the bill.
action_date: 2004-10-04
text: Placed on the Union Calendar, Calendar No. 444.
action_date: 2004-10-04
text: Reported by the Committee on Energy and Commerce. H. Rept. 108-712, Part II.
action_date: 2004-10-04
text: Reported by the Committee on Energy and Commerce. H. Rept. 108-712, Part II.
action_date: 2004-09-30
text: Reported by the Committee on Resources. H. Rept. 108-712, Part I.
action_date: 2004-09-30
text: Reported by the Committee on Resources. H. Rept. 108-712, Part I.
action_date: 2004-09-30
text: Ordered to be Reported by Voice Vote.
action_date: 2004-09-15
text: Ordered to be Reported by Unanimous Consent.
action_date: 2004-09-15
text: Committee Consideration and Mark-up Session Held.
action_date: 2003-12-04
text: Referred to the Subcommittee on Energy and Air Quality.
action_date: 2003-11-25
text: Referred to the Committee 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 jurisdiction of the committee concerned.
action_date: 2003-11-25
text: Referred to the Committee 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 jurisdiction of the committee concerned.
action_date: 2003-11-25
text: Referred to the Committee 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 jurisdiction of the committee concerned.
action_date: 2003-11-25
text: Received in the House.
action_date: 2003-11-25
text: Message on Senate action sent to the House.
action_date: 2003-11-21
text: Passed Senate with an amendment by Unanimous Consent. (consideration: CR S15502-15503; text of measure as reported in Senate: CR S15502; text as passed Senate: CR S15502-15503)
action_date: 2003-11-21
text: Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.(consideration: CR S15502-15503; text of measure as reported in Senate: CR S15502; text as passed Senate: CR S15502-15503)
action_date: 2003-11-19
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 401.
action_date: 2003-11-19
text: Committee on Environment and Public Works. Reported by Senator Inhofe with an amendment. With written report No. 108-201.
action_date: 2003-11-19
text: Committee on Environment and Public Works. Reported by Senator Inhofe with an amendment. With written report No. 108-201.
action_date: 2003-07-30
text: Committee on Environment and Public Works. Ordered to be reported with an amendment favorably.
action_date: 2003-03-06
text: Read twice and referred to the Committee on Environment and Public Works. (text of measure as introduced: CR S3275-3276)
action_date: 2003-03-06
text: Sponsor introductory remarks on measure. (CR S3275)
action_date: 2003-03-06
text: Introduced in Senate

Enacted as: number: 108-336