II 

118TH CONGRESS 

2D SESSION S. 5012 

To establish an interest-bearing account for the non-Federal contributions 

to the Lower Colorado River Multi-Species Conservation Program, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 10, 2024 

Mr. PADILLA (for himself, Ms. BUTLER, Ms. SINEMA, and Ms. CORTEZ

MASTO) introduced the following bill; which was read twice and referred 

to the Committee on Energy and Natural Resources 

A BILL 

To establish an interest-bearing account for the non-Federal 

contributions to the Lower Colorado River Multi-Species 

Conservation Program, 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 Amendment Act of 

6 2024’’. 


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1 SEC. 2. INTEREST-BEARING FUND. 

2 Section 9402 of the Omnibus Public Land Manage3 ment Act of 2009 (Public Law 111–11; 123 Stat. 1328) 

4 is amended by adding at the end the following: 

5 ‘‘(c) INTEREST-BEARING ACCOUNT FOR NON-FED6 ERAL CONTRIBUTIONS.— 

7 ‘‘(1) DEFINITIONS.—In this subsection: 

8 ‘‘(A) AGREEMENT.—The term ‘Agreement’ 

9 means the agreement entitled the ‘Lower Colo10 rado River Multi-Species Conservation Program 

11 Funding and Management Agreement’ and 

12 dated April 4, 2005. 

13 ‘‘(B) FUND.—The term ‘Fund’ means the 

14 Non-Federal Funding Account for the Lower 

15 Colorado River Multi-Species Conservation Pro16 gram established by paragraph (2). 

17 ‘‘(C) NON-FEDERAL CONTRIBUTION.—The 

18 term ‘non-Federal contribution’ means an 

19 amount contributed by a State Party for the 

20 non-Federal cost share described in section 8 of 

21 the Agreement. 

22 ‘‘(D) STATE PARTY.—The term ‘State 

23 Party’ has the meaning given the term in sec24 tion 3 of the Agreement. 

25 ‘‘(2) ESTABLISHMENT.—There is established in 

26 the Treasury of the United States a fund, to be 


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1 known as the ‘Non-Federal Funding Account for the 

2 Lower Colorado River Multi-Species Conservation 

3 Program’, consisting of— 

4 ‘‘(A) any amounts deposited in the Fund 

5 under paragraph (3); and 

6 ‘‘(B) any interest earned on investment of 

7 amounts in the Fund under paragraph (4). 

8 ‘‘(3) DEPOSITS TO FUND.— 

9 ‘‘(A) IN GENERAL.—Pursuant to section 

10 8.4 of the Agreement, the Secretary of the 

11 Treasury shall deposit in the Fund— 

12 ‘‘(i) any unexpended non-Federal con13 tributions provided before the date of en14 actment of this subsection; and 

15 ‘‘(ii) any non-Federal contributions 

16 provided on or after the date of enactment 

17 of this subsection. 

18 ‘‘(B) AVAILABILITY OF AMOUNTS; EX19 PENDITURE.—Amounts deposited in the Fund 

20 under subparagraph (A) and any interest on 

21 those amounts in the Fund shall be made avail22 able to the Secretary, without further appro23 priation, for expenditure— 

24 ‘‘(i) as provided in the Program Docu25 ments; and 


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1 ‘‘(ii) in accordance with this section. 

2 ‘‘(4) INVESTMENT OF AMOUNTS.— 

3 ‘‘(A) IN GENERAL.—The Secretary may re4 quest the Secretary of the Treasury to invest 

5 any portion of the Fund that is not, as deter6 mined by the Secretary, required to meet the 

7 current needs of the Fund. 

8 ‘‘(B) REQUIREMENT.—An investment re9 quested under subparagraph (A) shall be made 

10 by the Secretary of the Treasury in a public 

11 debt security— 

12 ‘‘(i) with a maturity suitable to the 

13 needs of the Fund, as determined by the 

14 Secretary; and 

15 ‘‘(ii) bearing interest at a rate deter16 mined by the Secretary of the Treasury, 

17 taking into consideration current market 

18 yields on outstanding marketable obliga19 tions of the United States of comparable 

20 maturity. 

21 ‘‘(C) CREDITS TO FUND.—The income on 

22 investments of the Fund under this paragraph 

23 shall be credited to, and form a part of, the 

24 Fund. 

25 ‘‘(5) TRANSFERS OF AMOUNTS.— 


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1 ‘‘(A) TRANSFER OF PREVIOUSLY CONTRIB2 UTED FUNDS.—The amounts required to be de3 posited in the Fund under paragraph (3)(A)(i) 

4 shall be transferred from the general fund of 

5 the Treasury to the Fund not later than 90 

6 days after the date of enactment of this sub7 section. 

8 ‘‘(B) TRANSFER OF FUTURE CONTRIB9 UTED FUNDS.—As soon as practicable after the 

10 date on which amounts described in paragraph 

11 (3)(A)(ii) are contributed, those amounts shall 

12 be transferred to the Fund. 

13 ‘‘(C) RESPONSIBILITY OF STATE PAR14 TIES.—In accordance with the Agreement, on 

15 deposit of amounts in the Fund under para16 graph (3), the State Parties shall not be re17 sponsible for any losses due to investment of 

18 those amounts the Fund.’’. 

Æ 


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