Page:United States Statutes at Large Volume 118.djvu/3597

 118 STAT. 3567 PUBLIC LAW 108–451—DEC. 10, 2004 ‘‘(B) LIMITATION.—Except as provided in subparagraph (A), no State court or court of the Nation shall have jurisdic- tion over any civil action described in subparagraph (A). ‘‘(2) WAIVER.— ‘‘(A) IN GENERAL.—The United States and the Nation waive sovereign immunity solely for claims for— ‘‘(i) declaratory judgment or injunctive relief in any civil action arising under this title; and ‘‘(ii) such claims and remedies as may be prescribed in any agreement authorized under this title. ‘‘(B) LIMITATION ON STANDING.—If a governmental entity not described in subparagraph (A) asserts immunity in any civil action that arises under this title (unless the entity waives immunity for declaratory judgment or injunc- tive relief) or any agreement authorized under this title (unless the entity waives immunity for the claims and remedies prescribed in the agreement)— ‘‘(i) the governmental entity shall not have standing to initiate or assert any claim, or seek any remedy against the United States or the Nation, in the civil action; and ‘‘(ii) the waivers of sovereign immunity under subparagraph (A) shall have no effect in the civil action. ‘‘(C) MONETARY RELIEF.—A waiver of immunity under this paragraph shall not extend to any claim for damages, costs, attorneys’ fees, or other monetary relief. ‘‘(3) NATION AS A PARTY.— ‘‘(A) IN GENERAL.—Not later than 60 days before the date on which a civil action under paragraph (1)(A)(ii) is filed by an allottee or fee owner of allotted land, the allottee or fee owner, as the case may be, shall provide to the Nation a notice of intent to file the civil action, accompanied by a request for consultation. ‘‘(B) JOINDER.—If the Nation is not a party to a civil action as originally commenced under paragraph (1)(A)(ii), the Nation shall be joined as a party. ‘‘(i) REGULATION AND JURISDICTION OVER DISPUTE RESOLU- TION.— ‘‘(1) REGULATION.—The Nation shall have jurisdiction to manage, control, permit, administer, and otherwise regulate the water resources granted or confirmed under this title and the Tohono O’odham settlement agreement— ‘‘(A) with respect to the use of those resources by— ‘‘(i) the Nation; ‘‘(ii) individual members of the Nation; ‘‘(iii) districts of the Nation; and ‘‘(iv) allottees; and ‘‘(B) with respect to any entitlement to those resources for which a fee owner of allotted land has received a final determination under applicable law. ‘‘(2) JURISDICTION.—Subject to a requirement of exhaustion of any administrative or other remedies prescribed under the laws of the Nation, jurisdiction over any disputes relating to the matters described in paragraph (1) shall be vested in the courts of the Nation. Deadline. Notice. VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00101 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4

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