II 

Calendar No. 642 

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, Ms. CORTEZ MASTO, 

and Mr. KELLY) introduced the following bill; which was read twice and 

referred to the Committee on Energy and Natural Resources 

NOVEMBER 21, 2024 

Reported by Mr. MANCHIN, with an amendment 

[Omit the part struck through and insert the part printed in italic] 

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, 


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1 SECTION 1. SHORT TITLE. 

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

3 Multi-Species Conservation Program Amendment Act of 

4 2024’’. 

5 SEC. 2. INTEREST-BEARING FUND. 

6 Section 9402 of the Omnibus Public Land Manage7 ment Act of 2009 (Public Law 111–11; 123 Stat. 1328) 

8 is amended by adding at the end the following: 

9 ‘‘(c) INTEREST-BEARING ACCOUNT FOR NON-FED10 ERAL CONTRIBUTIONS.— 

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

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

13 means the agreement entitled the ‘Lower Colo14 rado River Multi-Species Conservation Program 

15 Funding and Management Agreement’ and 

16 dated April 4, 2005. 

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

18 Non-Federal Funding Account for the Lower 

19 Colorado River Multi-Species Conservation Pro20 gram established by paragraph (2). 

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

22 term ‘non-Federal contribution’ means an 

23 amount contributed by a State Party for the 

24 non-Federal cost share described in section 8 of 

25 the Agreement. 


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1 ‘‘(D) STATE PARTY.—The term ‘State 

2 Party’ has the meaning given the term in sec3 tion 3 of the Agreement. 

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

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

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

7 Lower Colorado River Multi-Species Conservation 

8 Program’, consisting of— 

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

10 under paragraph (3); and 

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

12 amounts in the Fund under paragraph (4). 

13 ‘‘(3) DEPOSITS TO FUND.— 

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

15 8.4 of the Agreement, the Secretary of the 

16 Treasury shall deposit in the Fund— 

17 ‘‘(i) any unexpended non-Federal con18 tributions provided before the date of en19 actment of this subsection; and 

20 ‘‘(ii) any non-Federal contributions 

21 provided on or after the date of enactment 

22 of this subsection. 

23 ‘‘(B) AVAILABILITY OF AMOUNTS; EX24 PENDITURE.—Amounts deposited in the Fund 

25 under subparagraph (A) and any interest on 


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1 those amounts in the Fund shall be made avail2 able to the Secretary, without further appro3 priation, for expenditure— 

4 ‘‘(i) as provided in the Program Docu5 ments; and 

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

7 ‘‘(4) INVESTMENT OF AMOUNTS.— 

8 ‘‘(A) IN GENERAL.—The Secretary may re9 quest the Secretary of the Treasury to invest 

10 any portion of the Fund that is not, as deter11 mined by the Secretary, required to meet the 

12 current needs of the Fund. 

13 ‘‘(B) REQUIREMENT.—An investment re14 quested under subparagraph (A) shall be made 

15 by the Secretary of the Treasury in a public 

16 debt security— 

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

18 needs of the Fund, as determined by the 

19 Secretary; and 

20 ‘‘(ii) bearing interest at a rate deter21 mined by the Secretary of the Treasury, 

22 taking into consideration current market 

23 yields on outstanding marketable obliga24 tions of the United States of comparable 

25 maturity. 


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

2 investments of the Fund under this paragraph 

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

4 Fund. 

5 ‘‘(4) INVESTMENT OF AMOUNTS.— 

6 ‘‘(A) IN GENERAL.—The Secretary of the 

7 Treasury may invest any portion of the Fund 

8 that is not, as determined by the Secretary, re9 quired to meet the current needs of the Fund. 

10 ‘‘(B) REQUIREMENT.—Investments under 

11 subparagraph (A) may be made only in interest12 bearing obligations of the United States. 

13 ‘‘(5) TRANSFERS OF AMOUNTS.— 

14 ‘‘(A) TRANSFER OF PREVIOUSLY CONTRIB15 UTED FUNDS.—The amounts required to be de16 posited in the Fund under paragraph (3)(A)(i) 

17 shall be transferred from the general fund of 

18 the Treasury to the Fund not later than 90 

19 days after the date of enactment of this sub20 section. 

21 ‘‘(B) TRANSFER OF FUTURE CONTRIB22 UTED FUNDS.—As soon as practicable after the 

23 date on which amounts described in paragraph 

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

25 be transferred to the Fund. 


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1 ‘‘(C) RESPONSIBILITY OF STATE PAR2 TIES.—In accordance with the Agreement, on 

3 deposit of amounts in the Fund under para4 graph (3), the State Parties shall not be re5 sponsible for any losses due to investment of 

6 those amounts the Fund.’’. 


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Calendar No. 642 

118TH CONGRESS 

2D SESSION S. 5012 

A BILL 

To establish an interest-bearing account for the 

for other purposes. River Multi-Species Conservation Program, and non-Federal contributions to the Lower Colorado 

NOVEMBER 21, 2024 

Reported with an amendment 


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