120 STAT. 224
PUBLIC LAW 109–177—MAR. 9, 2006
Revenue Code of 1986 may not bring such an action against a State or local government. No civil action may be commenced under this paragraph against an Indian tribe or an Indian in Indian country (as defined in section 1151). ‘‘(2) A State, through its attorney general, or a local government, through its chief law enforcement officer (or a designee thereof), may in a civil action under paragraph (1) also obtain any other appropriate relief for violations of this chapter from any person (or by any person controlling such person), including civil penalties, money damages, and injunctive or other equitable relief. Nothing in this chapter shall be deemed to abrogate or constitute a waiver of any sovereign immunity of a State or local government, or an Indian tribe against any unconsented lawsuit under this chapter, or otherwise to restrict, expand, or modify any sovereign immunity of a State or local government, or an Indian tribe. ‘‘(3) The remedies under paragraphs (1) and (2) are in addition to any other remedies under Federal, State, local, or other law. ‘‘(4) Nothing in this chapter shall be construed to expand, restrict, or otherwise modify any right of an authorized State official to proceed in State court, or take other enforcement actions, on the basis of an alleged violation of State or other law. ‘‘(5) Nothing in this chapter shall be construed to expand, restrict, or otherwise modify any right of an authorized local government official to proceed in State court, or take other enforcement actions, on the basis of an alleged violation of local or other law.’’. (g) CONFORMING AND CLERICAL AMENDMENTS.—(1) The section heading for section 2343 of that title is amended to read as follows: ‘‘§ 2343. Recordkeeping, reporting, and inspection’’. (2) The section heading for section 2345 of such title is amended to read as follows: ‘‘§ 2345. Effect on State and local law’’. (3) The table of sections at the beginning of chapter 114 of that title is amended— (A) by striking the item relating to section 2343 and inserting the following new item: ‘‘2343. Recordkeeping, reporting, and inspection.’’;
and (B) by striking the item relating to section 2345 and inserting the following new item: ‘‘2345. Effect on State and local law.’’.
(4)(A) The heading for chapter 114 of that title is amended to read as follows: ‘‘CHAPTER 114—TRAFFICKING IN CONTRABAND CIGARETTES AND SMOKELESS TOBACCO’’. (B) The table of chapters at the beginning of part I of that title is amended by striking the item relating to section 114 and inserting the following new item: ‘‘114. Trafficking in contraband cigarettes and smokeless tobacco ......2341.’’.
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