123STA T . 132 8PUBLIC LA W 111 – 11 —M A R .3 0, 200 9plan n i n g a re aa s pr ov i d edinse ct ion 2(B) o f t h e Im plementing A greement , a P rogram D oc u ment . ( 3 )P ROG R AMD O CU M ENTS . —T he term ‘ ‘Program Docu - ments ’ ’ means the H a b itat C onservation Plan, Biological Assess- ment and Biological and Conference O pinion, E nvironmental Impact S tatement / Environmental Impact R eport, F unding and M anagement Agreement, Implementing Agreement, and Sec- tion 10 (a)(1)(B) Permit issued and, as applicable, e x ecuted in connection w ith the L CR MSCP, and an y amendments or suc- cessor documents that are developed consistent with existing agreements and applicable law. ( 4 ) SECRETAR Y .—The term ‘‘Secretary’’ means the Secretary of the Interior. ( 5 ) STATE.—The term ‘‘State’’ means each of the States of Ari z ona, California, and N evada. SEC.9402 . IMPL EME NTA TI O NAN DW ATE R ACCO U NTIN G . (a) IM PL EMENTAT I ON.—The Secretary is authorized to manage and implement the LCR MSCP in accordance with the Program Documents. (b) W ATER ACCOUNTING.—The Secretary is authorized to enter into an agreement with the States providing for the use of water from the Lower Colorado River for habitat creation and maintenance in accordance with the Program Documents. SEC. 940 3 .EN F ORCEA B ILIT Y OF PROGRAM DOCUMENTS. (a) IN G ENERAL.—Due to the uni q ue 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 U nited States district court to ad j udicate, confirm, validate or decree the rights and obligations of the parties under those Program Documents. (b) J URISDICTION.—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 DE F ENDANT.— (1) IN GENERAL.—The United States or any agency of the United States may be named as a defendant in such actions. (2) SO V EREIGN IMMUNITY.—Subject to paragraph (3), the sovereign immunity of the United States is waived for purposes of actions commenced pursuant to this section. (3) NON W AIVER FOR CERTAIN CLAIMS.—Nothing in this sec- tion waives the sovereign immunity of the United States to claims for money damages, monetary compensation, the provi- sion of indemnity, or any claim see k ing money from the United States. (d) RIG H TS 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) APPLICA B ILITY TO LOWER COLORADO RIVER MULTI-SPE- CIES 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. Waiver.
