Legislative declaration.

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(1) The general assembly hereby:

  1. Finds that sub-section (D) of article VI of the "Intergovernmental Agreement between the Southern Ute Indian Tribe and the State of Colorado Concerning Air Quality Control on the Southern Ute Indian Reservation" originally specified that if federal legislation authorizing the treatment of the tribe as a state for federal "Clean Air Act" purposes was not enacted by December 13, 2002, then the agreement would become null and void;

  2. Determines that, pursuant to sub-section (B) of article XIII of the agreement, theparties to the agreement modified sub-section (D) of article VI of the agreement in December 2001, December 2002, and December 2003, to extend for one year the deadline for passage of the federal legislation, and the final deadline for such passage according to the agreement as modified is December 13, 2004; and

  3. Declares that, whereas the federal legislation contemplated by the agreement, "TheSouthern Ute and Colorado Intergovernmental Agreement Implementation Act of 2004" (P.L. 108-336), was approved on October 18, 2004, the contingency contemplated by sub-section (D) of article VI of the agreement and section 25-7-1309 (1)(c), C.R.S., is moot.

Source: L. 2010: Entire section added, (SB 10-082), ch. 182, p. 656, § 3, effective April 29.

Cross references: For the federal "Clean Air Act", see 42 U.S.C. sec. 7401 et seq.


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