Page:United States Statutes at Large Volume 118.djvu/1385

 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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