II 

Calendar No. 819 

110TH CONGRESS 

2D SESSION H. R. 2515 

[Report No. 110–387] 

IN THE SENATE OF THE UNITED STATES 

APRIL 1 (legislative day, MARCH 13), 2008 

Received; read twice and referred to the Committee on Energy and Natural 

Resources 

JUNE 16, 2008 

Reported by Mr. BINGAMAN, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

AN ACT 

To authorize appropriations for the Bureau of Reclamation 

to carry out the Lower Colorado River Multi-Species 

Conservation Program in the States of Arizona, California, and Nevada, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Lower Colorado River 

5 Multi-Species Conservation Program Act’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) LOWER COLORADO RIVER MULTI-SPECIES

4 CONSERVATION PROGRAM.—The term ‘‘Lower Colo5 rado River Multi-Species Conservation Program’’ or 

6 ‘‘LCR MSCP’’ means the cooperative effort on the 

7 Lower Colorado River between Federal and non8 Federal entities in Arizona, California, and Nevada 

9 approved by the Secretary of the Interior on April 

10 2, 2005. 

11 (2) LOWER COLORADO RIVER.—The term 

12 ‘‘Lower Colorado River’’ means the Colorado River 

13 from Lake Mead to the Southerly International 

14 Boundary with Mexico, including its historic flood15 plain and its mainstem reservoirs to their full pool 

16 elevations. 

17 (3) SECRETARY.—The term ‘‘Secretary’’ means 

18 the Secretary of the Interior. 

19 (4) STATES.—The term ‘‘States’’ means each of 

20 the States of Arizona, California, and Nevada. 

21 SEC. 3. IMPLEMENTATION AND WATER ACCOUNTING. 

22 (a) IN GENERAL.—The Secretary is authorized to 

23 participate in the Lower Colorado River Multi-Species 

24 Conservation Program. 

25 (b) WATER ACCOUNTING.—The Secretary is author26 ized to enter into an agreement with the States providing 


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1 for the use of water from the Lower Colorado River for 

2 habitat creation and maintenance. 

3 SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 

4 (a) IN GENERAL.—There is authorized to be appro5 priated to the Secretary such sums as may be necessary 

6 to participate in the Lower Colorado River Multi-Species 

7 Conservation Program, to remain available until expended. 

8 (b) NONREIMBURSABLE AND NONRETURNABLE.—All 

9 amounts appropriated to and expended by the Secretary 

10 for the LCR MSCP shall be nonreimbursable and non11 returnable. 

12 SECTION 1. SHORT TITLE. 

13 This Act may be cited as the ‘‘Lower Colorado River 

14 Multi-Species Conservation Program Act’’. 

15 SEC. 2. DEFINITIONS. 

16 In this Act: 

17 (1) LOWER COLORADO RIVER MULTI-SPECIES

18 CONSERVATION PROGRAM.—The term ‘‘Lower Colo19 rado River Multi-Species Conservation Program’’ or 

20 ‘‘LCR MSCP’’ means the cooperative effort on the 

21 Lower Colorado River between Federal and non-Fed22 eral entities in Arizona, California, and Nevada ap23 proved by the Secretary of the Interior on April 2, 

24 2005. 


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1 (2) LOWER COLORADO RIVER.—The term ‘‘Lower 

2 Colorado River’’ means the segment of the Colorado 

3 River within the planning area as provided in section 

4 2(B) of the Implementing Agreement, a Program Doc5 ument. 

6 (3) PROGRAM DOCUMENTS.—The term ‘‘Program 

7 Documents’’ means the Habitat Conservation Plan, 

8 Biological Assessment and Biological and Conference 

9 Opinion, Environmental Impact Statement/Environ10 mental Impact Report, Funding and Management 

11 Agreement, Implementing Agreement, and Section 

12 10(a)(1)(B) Permit issued and, as applicable, exe13 cuted in connection with the LCR MSCP, and any 

14 amendments or successor documents that are devel15 oped consistent with existing agreements and applica16 ble law. 

17 (4) SECRETARY.—The term ‘‘Secretary’’ means 

18 the Secretary of the Interior. 

19 (5) STATE.—The term ‘‘State’’ means each of the 

20 States of Arizona, California, and Nevada. 

21 SEC. 3. IMPLEMENTATION AND WATER ACCOUNTING. 

22 (a) IMPLEMENTATION.—The Secretary is authorized to 

23 manage and implement the LCR MSCP in accordance with 

24 the Program Documents. 


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1 (b) WATER ACCOUNTING.—The Secretary is authorized 

2 to enter into an agreement with the States providing for 

3 the use of water from the Lower Colorado River for habitat 

4 creation and maintenance in accordance with the Program 

5 Documents. 

6 SEC. 4. ENFORCEABILITY OF PROGRAM DOCUMENTS. 

7 (a) IN GENERAL.—Any party to the Funding and 

8 Management Agreement or the Implementing Agreement, 

9 and any permittee under the Section 10(a)(1)(B) Permit, 

10 may commence a civil action in United States district court 

11 to adjudicate, confirm, validate or decree the rights and ob12 ligations of the parties under those Program Documents. 

13 (b) JURISDICTION.—The district court shall have juris14 diction over such actions and may issue such orders, judg15 ments, and decrees as are consistent with the court’s exercise 

16 of jurisdiction under this section. 

17 (c) UNITED STATES AS DEFENDANT.— 

18 (1) IN GENERAL.—The United States or any 

19 agency of the United States may be named as a de20 fendant in such actions. 

21 (2) SOVEREIGN IMMUNITY.—Subject to para22 graph (3), the sovereign immunity of the United 

23 States is waived for purposes of actions commenced 

24 pursuant to this section. 


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1 (3) NONWAIVER FOR CERTAIN CLAIMS.—Nothing 

2 in this section waives the sovereign immunity of the 

3 United States to claims for money damages, monetary 

4 compensation, the provision of indemnity, or any 

5 claim seeking money from the United States. 

6 (d) RIGHTS UNDER FEDERAL AND STATE LAW.—Ex7 cept as specifically provided in this section, nothing in this 

8 section limits any rights of any party under Federal or 

9 State law. 

10 (e) VENUE.—Any suit pursuant to this section may 

11 be brought in any United States district court in the State 

12 in which any non-Federal party to the suit is situated. 

13 SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 

14 (a) IN GENERAL.—There is authorized to be appro15 priated to the Secretary such sums as may be necessary to 

16 meet the obligations of the Secretary under the Program 

17 Documents, to remain available until expended. 

18 (b) NON-REIMBURSABLE AND NON-RETURNABLE.—All 

19 amounts appropriated to and expended by the Secretary for 

20 the LCR MSCP shall be non-reimbursable and non-return21 able. 


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Calendar No. 819 

110TH CONGRESS 

2D SESSION H. R. 2515 

[Report No. 110

–387] 

AN ACT 

To authorize appropriations for the Bureau of Recfor other purposes. States of Arizona, California, and Nevada, and Multi-Species Conservation Program in the lamation to carry out the Lower Colorado River 

JUNE 16, 2008 

Reported with an amendment 


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