Southern Ute and Colorado Intergovernmental Agreement Implementation Act of 2004
PL 108-336 (S.551), enacted 10/18/2004

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 Intergovern-
mental Agreement that provide for—
(1) the regulation of air quality within the exterior bound-
aries 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 accord-
ance with the Intergovernmental Agreement.
Southern Ute
and Colorado
Inter-
governmental
Agreement
Implementation
Act of 2004.
Oct. 18, 2004
[S. 551]
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118 STAT. 1355
PUBLIC LAW 108–336—OCT. 18, 2004
(3) INTERGOVERNMENTAL AGREEMENT.—The term ‘‘Intergov-
ernmental 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 applica-
tions 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 Agree-
ment, 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 appel-
late 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
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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.
(2) affects or influences in any manner any past or prospec-
tive 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.
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