air pollution; jurisdiction;
Indian lands
HB 2030 repeals section 49-561 which grants authority to the state to assume jurisdiction of measures relating to air quality on Indian tribal lands.
History
The original Arizona law was passed in 1967. Currently, DEQ's Tribal Policy acknowledges Tribal regulatory authority and does not assert jurisdiction on Tribal lands. The Federal Clean Air Act Amendments (CAA) of 1990 made the state provision relating to air quality moot by recognizing tribes as states for enforcement purposes.
Section 301 (d)(1) of the federal Clean Air Act states "...the administrator is authorized to treat Indian tribes as states under this Act...." The final rule implementing the provisions for air quality planning and management was promulgated February 12, 1998 (63 FR 7253).
The Clean Air Act allows tribes, approved by the EPA, to administer CAA programs in the same manner as states over all air resources within the exterior boundaries of a reservation.
49-561. Jurisdiction
over Indian lands
The legislature of the state of Arizona has
determined and it is hereby declared that the prevention and abatement of air
pollution is a matter of statewide concern and the provisions of law relating
to air pollution control should apply to all persons and all lands located
within the state. Therefore, the provisions of law relating to air pollution
control shall be applicable to all lands within the state, including, but not
limited to, Indian tribal lands, reservations and allotments, and pursuant to
the provisions of Public Law 280 (67 Stat. 588, 590) jurisdiction is hereby
expressly assumed by the state of Arizona with respect to enforcement of laws
relating to air pollution control and the state of Arizona and its political
subdivisions shall have jurisdiction with respect to criminal offenses and
civil causes of action arising from the enforcement of laws relating to air
pollution control on all Indian tribal lands, reservations and allotments. Any
duly authorized agent of the state or any political subdivision thereof may
enter upon any public or private lands, including Indian lands, for the purpose
of enforcing the laws relating to air pollution control.
HB 2030 passed the Environment Committee unamended.