Page:United States Statutes at Large Volume 100 Part 5.djvu/825

 PUBLIC LAW 99-663—NOV. 17, 1986

100 STAT. 4299

(ii) if the Attorney General of the United States, or the attorney general of Oregon or Washington, has commenced and is diligently prosecuting a civil action on the same matter pursuant to paragraph (1) of this subsection to require compliance with the management plan or any regulations, guidelines, or standards issued or other actions taken by the Secretary, the Commission, or any county pursuant to this Act: Provided, That in any such action any person or entity otherwise entitled to bring an action pursuant to paragraph (2) of this subsection may intervene as a matter of right; or (iii) which challenges the consistency of the draft management plan with the purposes and standards of this Act or with other applicable law prior to the certification or adoption of the Management Plan pursuant to section 6 of this Act; or (B) under paragraph (2)(B) of this subsection prior to sixty days after the plaintiff has given notice in writing of such action to the Secretary, the Commission, and to the county in which the failure to perform any act or duty pursuant to this Act is alleged: Provided, That such action may be brought immediately after such notification where the violation or order complained of constitutes an imminent threat to the health or safety of the plaintiff or would immediately affect a legal interest of the plaintiff. (4) JUDICIAL REVIEW.—Any person or entity adversely affected by(A) any final action or order of a county, the Commission, or the Secretary relating to the implementation of this Act; (B) any land use ordinance or interim guideline adopted pursuant to this Act; (C) any appeal to the Commission pursuant to this section; (D) any civil penalty assessed by the Commission pursuant to paragraph (a)(3) of this subsection may appeal such action or order by filing in any of the courts specified in paragraph (5) of this subsection, within sixty days after the date of service of such order or within sixty days after such action is taken, a written petition requesting such action, order, land use ordinance, interim guideline, or appeal taken to the Commission be modified, terminated, or set aside. (5) FEDERAL COURT JURISDICTION.—The United States district courts located in the States of Oregon and Weishington shall have jurisdiction over— (A) any criminal penalty imposed pursuant to 16 U.S.C. 551, or any other applicable law for violation of any order, regulation or other action taken by the Secretary pursuant to this Act; (B) any civil action brought against the Secretary pursuant to this section; or (C) any appeal of any order, regulation, or other action of the Secretary taken pursuant to paragraph (4) of this subsection. (6) STATE COURT JURISDICTION.—The State courts of the States of Oregon and Washington shall have jurisdiction—

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