Page:United States Statutes at Large Volume 106 Part 6.djvu/65

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PUBLIC LAW 102-575—OCT. 30, 1992 106 STAT. 4623 recommended standards and regulations referred to in subparagraph (f)(2) in such form as, in the judgment of the board, will be most likely to be promulgated Mdthin four years of the date of enactment of this Act, and the failure of the board to do so shall be deemed substantial noncompliance. (6) Nothing in this subsection shall be deemed to authorize the Secretary, or grant new authority to the District or petitioners of project water, to require the implementation of any standards or regulations recommended by the Utah Water Conservation Advisory Board. (g) COMPLIANCE. —<1) Notwithstanding subsections (c)(5), (d)(3) or (f)(6), if the Secretary after ninety days written notice to the District, determines that the plan referred to in subsection (b) has not been developed and implemented or the studies referred to in subsections (c) and (d) have not been completed or transmitted as provided for in this section, the District shall pay a surcharge for each year of substantial noncompliance as determined by the Secretary. The amount of the surcharge shall be— (A) for the first year of siibstantial noncompliance, five percent of the District's annual Bonneville Unit repayment obligation to the Secretary; (B) for the second year of substantial noncompliance, ten percent of the District's annual Bonneville Unit repayment obligation to the Secretary; and (C) for the third year of substantial noncompliance and any succeeding year of substantial noncompliance, fifteen percent of the District's annual Bonneville Unit repayment obligation to the Secretary. (2) If the Secretary determines that compliance has been accomplished within twelve months after the first determination of substantial noncompliance, the Secretary shall refund 100 percent of the surcharge levied. (h) RECLAMATION REFORM ACT OF 1982.— Compliance with this section shall be deemed as compliance with section 210 of the Reclamation Reform Act of 1982 (96 Stat. 1268; 43 U.S.C. 390jj) by the District and each petitioner of project water. (i) JUDICIAL REVIEW. —(1) For the purposes of sections 701 through 706 of title 5 (U.S.C), the determinations made by the Secretary under subsections (b), (f)(1) or (g) shall be final actions subject to judicial review. (2) The record upon review of such final actions shall be limited to the administrative record compiled in accordance with sections 701 through 706 of title 5 (U.S.C). Nothing in this subsection shall be construed to require a hearing pursuant to sections 554, 556, or 557 of title 5 (U.S.C). (3) Nothing in this subsection shall be construed to preclude judicial review of other final actions and decisions by the Secretary. (j) CITIZEN SUITS. —(1) IN GENERAL.Any person may commence a civil suit on their own behalf against only the Secretary for any determination made by the Secretary under this section which is alleged to have violated, is violating, or is about to violate any provision of this section or determination made under this section. (2) JURISDICTION AND VENUE.— The district courts shall have jurisdiction to prohibit any violation by the Secretary of this section, to compel any action required by this section, and to issue any other order to further the purposes of this section. An action under 59-194 O—93 3:QL3(Pt. 6)