Sec. 7. Administration
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/bill/113/hr/4924/eh/section-7A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 9401 of the Omnibus Public Land Management Act of 2009 ( Public Law 111–11 ; 123 Stat. 1327) is amended— by redesignating paragraphs
(1)through
(5)as paragraphs
(2)through (6), respectively; and by inserting before paragraph
(2)(as so redesignated) the following: The term Big Sandy River-Planet Ranch Agreement has the meaning given the term in section 3 of the Bill Williams River Water Rights Settlement Act of 2014 . . Section 9403 of the Omnibus Public Land Management Act of 2009 ( Public Law 111–11 ; 123 Stat. 1328) is amended— by striking the section designation and heading and all that follows through Due to in subsection
(a)and inserting the following: Due to ; and in subsection
(a)(as amended by subparagraph (A))— in paragraph
(1)(as so amended), by adding at the end the following: Any civil action under this paragraph may be brought in any United States district court in the State in which any non-Federal party to the civil action is situated. ; and by adding at the end the following: Due to the unique role of the Lower Colorado River Multi-Species Conservation Program in resolving competing water rights claims in the Bill Williams River watershed (as defined in section 3 of the Bill Williams River Water Rights Settlement Act of 2014 ) and other claims among the parties to the Big Sandy-River Planet Ranch Agreement, any party to the Big Sandy River-Planet Ranch Agreement may commence a civil action in a court described in subparagraph
(B)relating only and directly to the interpretation or enforcement of— the Bill Williams River Water Rights Settlement Act of 2014 ; or the Big Sandy River-Planet Ranch Agreement. A civil action under this paragraph may be brought in— the United States District Court for the District of Arizona; or a State court of competent jurisdiction where a pending action has been brought to adjudicate the water rights associated with the Bill Williams River system and source, in accordance with the authority provided by section 208 of the Act of July 10, 1952 (commonly known as the McCarran Amendment ) ( 43 U.S.C. 666 ). ; in subsection (b)— by striking The district and inserting the following: The district ; in paragraph
(1)(as so designated), by striking such actions and inserting civil actions described in subsection (a)(1) ; and by adding at the end the following: A State court or United States district court— shall have jurisdiction over civil actions described in subsection (a)(2); and may issue such orders, judgments, and decrees as are consistent with the exercise of jurisdiction by the court pursuant to— this section; or section 7 of the Bill Williams River Water Rights Settlement Act of 2014 . Nothing in this subsection affects the jurisdiction that would otherwise be available in accordance with the authority provided by section 208 of the Act of July 10, 1952 (commonly known as the McCarran Amendment ) ( 43 U.S.C. 666 ). ; in subsection (d)(2), by striking the paragraph designation and heading and all that follows through subparagraph
(A)and inserting the following: This section— applies only to— the Lower Colorado River Multi-Species Conservation Program; the Bill Williams River Water Rights Settlement Act of 2014 ; and the Big Sandy River-Planet Ranch Agreement; and ; and by striking subsection (e). If any party to the Big Sandy River-Planet Ranch Agreement or the Hualapai Tribe Agreement brings a civil action in a court described in paragraph
(2)relating only and directly to the interpretation or enforcement of this Act (or an amendment made by this Act), the Big Sandy River-Planet Ranch Agreement, or the Hualapai Tribe Agreement— the Tribe and the United States, acting as trustee for the Tribe, members of the Tribe, or the allottees, may be named as a party or joined in the civil action; and any claim by the Tribe or the United States, acting as trustee for the Tribe, members of the Tribe, or the allottees, to sovereign immunity from the civil action is waived, but only for the limited and sole purpose of the interpretation or enforcement of this Act (or an amendment made by this Act), the Big Sandy River-Planet Ranch Agreement, or the Hualapai Tribe Agreement. A court referred to in paragraph
(1)is— the United States District Court for the District of Arizona; or a State court of competent jurisdiction where a pending action has been brought to adjudicate the water rights associated with the Bill Williams River system and source, in accordance with the authority provided by section 208 of the Act of July 10, 1952 (commonly known as the McCarran Amendment ) ( 43 U.S.C. 666 ). A State court or a United States district court— shall have jurisdiction over civil actions described in paragraph (1); and may issue such orders, judgments, and decrees as are consistent with the exercise of jurisdiction by the court pursuant to— this section; or section 9403(b) of the Omnibus Public Land Management Act of 2009 ( Public Law 111–11 ; 123 Stat. 1328). Nothing in this subsection waives the sovereign immunity of the Tribe or the United States, acting as trustee for the Tribe, members of the Tribe, or the allottees, to claims for monetary damages, costs, or attorneys’ fees. Notwithstanding any authorization of appropriations to carry out this Act, the expenditure or advance of any funds, and the performance of any obligation by the Department in any capacity, pursuant to this Act shall be contingent on the appropriation of funds for that expenditure, advance, or performance. The Department shall not be liable for the failure to carry out any obligation or activity authorized by this Act if adequate appropriations are not provided to carry out this Act. Nothing in this Act prohibits reasonable public access to the Conservation Program land at Planet Ranch or Lincoln Ranch in a manner that is consistent with all applicable Federal and State laws and any applicable conservation management plan implemented under the Conservation Program. Nothing in the Big Sandy River-Planet Ranch Agreement, the Hualapai Tribe Agreement, or this Act— affects the ability of the United States to carry out any action in the capacity of the United States as trustee for any other Indian tribe or allottee; except as provided in subsections
(a)and (b), confers jurisdiction on any State court— to interpret Federal law or determine the duties of the United States or any other party pursuant to Federal law; or to conduct judicial review of a Federal agency action; or limits the right of any member of the Tribe (acting in an individual capacity) to assert or acquire any water right based on State law.
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- Pub. L. 111-11
- 123 Stat. 1327
- 123 Stat. 1328
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