Page:United States Statutes at Large Volume 112 Part 5.djvu/214

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112 STAT. 2972 PUBLIC LAW 105-313—OCT. 30, 1998 (d) VOLUNTEER PROGRAMS AND TRIBAL INVOLVEMENT. — The Secretary may establish programs that foster greater involvement by the Tribe with respect to the Park. Those efforts may include internships and volunteer programs with tribal schoolchildren and with adult tribal members. (e) SAVING ECOSYSTEM RESTORATION.— (1) IN GENERAL. —Nothing in this Act shall be construed to amend or prejudice the authority of the United States to design, construct, fund, operate, permit, remove, or degrade canals, levees, pumps, impoundments, wetlands, flow ways, or other facilities, structures, or systems, for the restoration or protection of the South Florida ecosystem pursuant to Federal laws. (2) USE OF NONEASEMENT LANDS. — (A) IN GENERAL. —The Secretary may use all or any part of the MRA lands to the extent necessary to restore or preserve the quality, quantity, timing, or distribution of surface or groundwater, if other reasonable alternative measures to achieve the same purpose are impractical. (B) SECRETARIAL AUTHORITY.—The Secretary may use lands referred to in subparagraph (A) either under an agreement with the tribal chairman or upon an order of the United States district court for the district in which the MRA is located, upon petition by the Secretary and finding by the court that— (i) the proposed actions of the Secretary are necessary; and (ii) other reasonable alternative measures are impractical. (3) COSTS. — (A) IN GENERAL.—In the event the Secretary exercises the authority granted the Secretary under paragraph (2), the United States shall be Uable to the Tribe or the members of the Tribe for— (i) cost of modification, removal, relocation, or reconstruction of structures lawfully erected in good faith on the MRA; and (ii) loss of use of the affected land within the MRA. (B) PAYMENT OF COMPENSATION. —Any compensation paid under subparagraph (A) shall be paid as cash pay- ments with respect to taking structures and other fixtures and in the form of rights to occupy similar land adjacent to the MRA with respect to taking land. (4) RULE OF CONSTRUCTION.—Paragraphs (2) and (3) shall not apply to a natural easement described in section 6(d)(1). (f) PARTIES HELD HARMLESS.— (1) UNITED STATES HELD HARMLESS.— (A) IN GENERAL.— Subject to subparagraph (B) with respect to any tribal member, tribal employee, tribal contractor, tribal enterprise, or any person residing within the MRA, notwithstanding any other provision of law, the United States (including an officer, agent, or employee of the United States), shall not be liable for any action or failure to act by the Tribe (including an officer, employee, or member of the Tribe), including any failure to perform any of the obligations of the Tribe under this Act.