Page:United States Statutes at Large Volume 114 Part 4.djvu/626

 114 STAT. 2688 PUBLIC LAW 106-541—DEC. 11, 2000 Deadline. Deadline. (A) may bring a civil action in United States district court for an injunction directing the United States or any other Federal Government instrumentality or agency or the Governor or any other officer of a State instrumentality or agency, as the case may be, to comply with the agreement. (ii) LIMITATIONS ON COMMENCEMENT OF CIVIL ACTION. —No civil action may be commenced under clause (i)— (I) before the date that is 60 days after the Secretary and the Governor receive written notice of a failure to comply with the agreement; or (II) if the United States has commenced and is diligently prosecuting an action in a court of the United States or a State to redress a failure to comply with the agreement. (C) TRUST RESPONSIBILITIES.— In carrying out his responsibilities under this subsection with respect to the restoration of the South Florida ecosystem, the Secretary of the Interior shall fulfill his obligations to the Indian tribes in South Florida under the Indian trust doctrine as well as other applicable legal obligations. (3) PROGRAMMATIC REGULATIONS.— (A) ISSUANCE.—Not later than 2 years after the date of enactment of this Act, the Secretary shall, after notice and opportunity for public comment, with the concurrence of the Governor and the Secretary of the Interior, and in consultation with the Seminole Tribe of Florida, the Miccosukee Tribe of Indians of Florida, the Administrator of the Environmental Protection Agency, the Secretary of Commerce, and other Federal, State, and local agencies, promulgate programmatic regulations to ensure that the goals and purposes of the Plan are achieved. (B) CONCURRENCY STATEMENT.— The Secretary of the Interior and the Governor shall, not later than 180 days from the end of the public comment period on proposed programmatic regulations, provide the Secretary with a written statement of concurrence or nonconcurrence. A failure to provide a written statement of concurrence or nonconcurrence within such time frame will be deemed as meeting the concurrency requirements of subparagraph (A)(i). A copy of any concurrency or nonconcurrency statements shall be made a part of the administrative record and referenced in the final programmatic regulations. Any nonconcurrency statement shall specifically detail the reason or reasons for the nonconcurrence. (C) CONTENT OF REGULATIONS.— (i) IN GENERAL.— Programmatic regulations promulgated under this paragraph shall establish a process— (I) for the development of project implementation reports, project cooperation agreements, and operating manuals that ensure that the goals and objectives of the Plan are achieved; (II) to ensure that new information resulting from changed or unforeseen circumstances, new scientific or technical information or information

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