of the Yellowstone protection area other than groundwater
resources.
(b) SCOPE.—Nothing in this Act shall be construed
as amending the Compact or as altering its status in rela-
tionship to any litigation with regard to water rights.
(c) REVIEW PROCEDURES.—For purposes of sections
7(c)(3)(B), 7(c)(3)(C), 7(f)(1), and 7(f)(2), the provisions
of the Compact with respect to—
(1) review of administrative decisions under Ar-
ticle IV of the Compact;
(2) enforcement of the Compact;
(3) the discretion of any party to the Compact
to withdraw therefrom; and
(4) modification of boundaries and restrictions
within the Controlled Groundwater Area,
shall be deemed to be procedures for the exercise of the
Secretary’s authority to approve modifications of the
boundaries of the Yellowstone Protection Area or to sus-
pend the implementation of an approved State program.
SEC. 9. IDAHO PROGRAM.
For purposes of section 7(d)(1), the provisions of
Section 42 of the Idaho Code related to geothermal re-
sources shall be deemed to have been submitted to the Sec-
retary for approval as an approved State program.
SEC. 10. WYOMING PROGRAM.
For purposes of section 7(d)(1), the provisions of the
laws of the State of Wyoming referenced in the letter from
the Wyoming State Engineer included in the Committee
report to accompany H.R. 1137 of the 103rd Congress
shall be deemed to have been submitted to the Secretary
for approval as an approved State program.
SEC. 11. CITIZEN SUITS.
(a) IN GENERAL.—(1) Any person may commence a
civil suit on the person’s own behalf to enjoin any party,
including the United States, except for a State or agency
or political subdivision thereof, that the plaintiff alleges—
(A) is in violation of any provision of this Act;
or
(B) is using a regulated resource in the absence
of, or beyond the scope of the terms or conditions
of, a permit issued pursuant to an approved State
program, or in violation of regulations issued under
the authority of an approved State program.
(2) The Federal district courts shall have jurisdiction,
without regard to the amount in controversy or the citizen-
ship of the parties—
(A) to require the Secretary or another party to
take any steps required or permitted by this Act, if
those steps are necessary to fulfill the purposes of
this Act; or
(B) to enforce the provisions, prohibitions, per-
mits, or regulations of an approved State program.
(b) VENUE AND INTERVENTION.—(1) Any suit under
this section may be brought in any appropriate judicial
district.
(2) In any such suit under this section in which the
United States is not a party, the Attorney General of the
United States, at the request of the Secretary, may inter-
vene on behalf of the United States as a matter of right.
(c) COSTS.—The court, in issuing any final order in
any suit brought under this section, may award costs of
litigation (including reasonable attorney and expert wit-
ness fees) to any party, whenever the court determines
such award is appropriate.
(d) NONEXCLUSIVE RELIEF.—The injunctive relief
provided by this subsection shall not restrict any right
which any person (or class of persons) may have under
any statute or common law to seek judicial review of ac-
tions taken by the State agency implementing an approved
State program or to seek enforcement of any standard or
limitation or to seek any other relief including relief
against the Secretary.
(e) NOTICE.—Before seeking the injunctive relief au-
thorized under this section, notice of intent to sue shall
be given to the Secretary, the State agency implementing
any relevant approved State program described in section
7, and each intended defendant. Such notice shall allow
the minimum period of time necessary for an intended de-
fendant to take those measures that (1) will cure any al-
leged violations of this Act, or (2) will end any alleged
improper use of regulated resources, as described in sub-
section (a)(1)(B).
SEC. 12. JUDICIAL REVIEW.
(a) ADMINISTRATIVE PROCEDURES.—Except as pro-
vided in this section, any Federal agency action or failure
to act to implement or enforce this Act shall be subject
to judicial review in accordance with and to the extent pro-
vided by chapter 7 of title 5, United States Code.
(b) REMEDY.—The sole remedy available to any per-
son claiming deprivation of a vested property right by en-
actment of this Act or Federal action pursuant to this Act
shall be an action for monetary damages, filed pursuant
to sections 1491 or 1505 of title 28, United States Code,
in the Court of Federal Claims. Any just compensation
awards determined by the Court of Federal Claims to be
due to a claimant shall be paid consistent with section
2517 of such title.
SEC. 13. REGULATIONS.
No later than two years after the date of enactment
of this Act, the Secretary shall promulgate such rules and
regulations as are necessary to implement this Act.
SEC. 14. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums
as may be necessary to carry out this Act.
SEC. 15. SCOPE OF ACT.
Nothing in this Act shall be construed as increasing
or diminishing any rights of the United States with re-
spect to water, or as affecting any previous adjudication
of or any agreement concerning any such rights.
Passed the House of Representatives November 15,
1993.
Attest:
Clerk.
HR 1137 EH——2