[United States Statutes at Large, Volume 118, 108th Congress, 2nd Session] [From the U.S. Government Printing Office, www.gpo.gov] 118 STAT. 1354 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. NOTE: Oct. 18, 2004 - [S. 551] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, NOTE: Southern Ute and Colorado Inter-governmental Agreement Implementation Act of 2004. 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 Intergovernmental Agreement that provide for-- (1) the regulation of air quality within the exterior 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 ``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 accordance with the Intergovernmental Agreement. [[Page 1355]] 118 STAT. 1355 (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 authorized to treat the Tribe as a State for the purpose 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 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 Agreement, 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 appellate 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 [[Page 1356]] 118 STAT. 1356 (2) affects or influences in any manner any past or prospective 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. 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.