Pub. L. 111-11, tit. IX, subtit. E, sec. 9403

ENFORCEABILITY OF PROGRAM DOCUMENTS.

EnactedYear: 2009Length: 279 wordsOfficial source
SEC. 9403. ENFORCEABILITY OF PROGRAM DOCUMENTS.(a) In General.—Due to the unique conditions of the Colorado River, any party to the Funding and Management Agreement or the Implementing Agreement, and any permittee under the Section 10(a)(1)(B) Permit, may commence a civil action in United States district court to adjudicate, confirm, validate or decree the rights and obligations of the parties under those Program Documents.(b) Jurisdiction.—The district court shall have jurisdiction over such actions and may issue such orders, judgments, and decrees as are consistent with the court’s exercise of jurisdiction under this section.(c) United States as Defendant.—(1) In general.—The United States or any agency of the United States may be named as a defendant in such actions.(2) Sovereign immunity.—Subject to paragraph (3), the sovereign immunity of the United States is waived for purposes of actions commenced pursuant to this section.(3) Nonwaiver for certain claims.—Nothing in this section waives the sovereign immunity of the United States to claims for money damages, monetary compensation, the provision of indemnity, or any claim seeking money from the United States.(d) Rights Under Federal and State Law.—(1) In general.—Except as specifically provided in this section, nothing in this section limits any rights or obligations of any party under Federal or State law.(2) Applicability to lower colorado river multi-species conservation program.—This section—(A) shall apply only to the Lower Colorado River Multi-Species Conservation Program; and(B) shall not affect the terms of, or rights or obligations under, any other conservation plan created pursuant to any Federal or State law.123 STAT. 1329(e) Venue.—Any suit pursuant to this section may be brought in any United States district court in the State in which any non-Federal party to the suit is situated.
Pub. L. 111-11, tit. IX, subtit. E, sec. 9403: ENFORCEABILITY OF PROGRAM DOCUMENTS. | Justis AI