69–006 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 110–555 

LOWER COLORADO RIVER MULTI-SPECIES 

CONSERVATION PROGRAM ACT 

MARCH 31, 2008.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. RAHALL, from the Committee on Natural Resources, 

submitted the following 

R E P O R T 

[To accompany H.R. 2515] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 2515) 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, having considered the same, reports 

favorably thereon with an amendment and recommends that the 

bill as amended do pass. 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Lower Colorado River Multi-Species Conservation 

Program Act’’. 

SEC. 2. DEFINITIONS. 

In this Act: 

(1) LOWER COLORADO RIVER MULTI-SPECIES CONSERVATION PROGRAM.—The 

term ‘‘Lower Colorado River Multi-Species Conservation Program’’ or 

‘‘LCRMSCP’’ means the cooperative effort on the Lower Colorado River between 

Federal and non-Federal entities in Arizona, California, and Nevada approved 

by the Secretary of the Interior on April 2, 2005. 

(2) LOWER COLORADO RIVER.—The term ‘‘Lower Colorado River’’ means the 

Colorado River from Lake Mead to the Southerly International Boundary with 

Mexico, including its historic floodplain and its mainstem reservoirs to their full 

pool elevations. 

(3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior. 

(4) STATES.—The term ‘‘States’’ means each of the States of Arizona, California, and Nevada. 


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SEC. 3. IMPLEMENTATION AND WATER ACCOUNTING. 

(a) IN GENERAL.—The Secretary is authorized to participate in the Lower Colorado River Multi-Species Conservation Program. 

(b) WATER ACCOUNTING.—The Secretary is authorized to enter into an agreement 

with the States providing for the use of water from the Lower Colorado River for 

habitat creation and maintenance. 

SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 

(a) IN GENERAL.—There is authorized to be appropriated to the Secretary such 

sums as may be necessary to participate in the Lower Colorado River Multi-Species 

Conservation Program, to remain available until expended. 

(b) NONREIMBURSABLE AND NONRETURNABLE.—All amounts appropriated to and 

expended by the Secretary for the LCRMSCP shall be nonreimbursable and nonreturnable. 

PURPOSE OF THE BILL

The purpose of H.R. 2515 is 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. 

BACKGROUND AND NEED FOR LEGISLATION

H.R. 2515 directs the Secretary of the Interior to manage and implement the Lower Colorado River Multi-Species Conservation Program (LCRMSCP) in the States of Arizona, California, and Nevada 

in accordance with a biological opinion, habitat conservation plan, 

environmental impact statement, and other program documents defined in the legislation. 

The LCRMSCP is currently being implemented under existing 

law pursuant to an agreement the Secretary of the Interior approved on April 2, 2005. Parties to that agreement, however, including the Central Arizona Water Conservation District, Metropolitan Water District of Southern California, and states of California, Nevada, and Arizona, contend that they are seeking authorization to enhance their ability to secure federal appropriations in 

the future. 

The LCRMSCP would grant an incidental take permit under Section 10 of the Endangered Species Act (ESA) for 50 years to the 

non-federal entities, and would also provide 50-year assurances to 

federal agencies, including the Bureau of Reclamation, Western 

Area Power Administration, and U.S. Fish and Wildlife Service, 

that their actions will not jeopardize the continued existence of listed species under Section 7 of the ESA. The goal of this program 

is to protect the six listed species and 20 additional species that 

have the potential to become listed, and also to enable the federal 

and non-federal partners to continue their water and power operations on the Colorado River. The planning area covers about 400 

river miles in the states of Arizona, California and Nevada from 

Lake Mead to the Southerly International Boundary with Mexico 

on the Lower Colorado. 

The Bureau of Reclamation will implement the LCRMSCP with 

oversight by a Steering Committee that includes parties to the 

agreement and other stakeholders (but not environmental organizations). By agreeing to the LCRMSCP, officials from urban and 

agricultural water agencies in the three states sought to head off 

restrictions that could have been imposed by the federal government under the Endangered Species Act. It is anticipated that this 

program will create over 8,100 acres of riparian and marsh habitat 


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for the species and include plans for the rearing and stocking of 

over 1.2 million fish to augment populations of razorback sucker 

and bonytail chub. 

COMMITTEE ACTION

H.R. 2515 was introduced on May 24th, 2007 by Representative 

Dean Heller (R–NV). The bill was referred to the Committee on 

Natural Resources, and within the Committee to the Subcommittee 

on Water and Power. H.R. 2515 was the subject of a Water and 

Power subcommittee hearing on July 24, 2007. 

On March 12 the Full Resources Committee met to consider the 

bill. The Subcommittee was discharged from further consideration 

of the bill and Chairman Rahall (D–WV) offered an amendment in 

the nature of a substitute to provide for the authorization to participate in the conservation program, the authorization of appropriations, and language clarifying the ability of the Secretary to 

use project water for habitat creation and maintenance. The 

amendment in the nature of a substitute was adopted by unanimous consent. The bill, as amended, was then ordered favorably reported to the House of Representatives by unanimous consent. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

Section 1 provides that the legislation may be cited as the 

‘‘Lower Colorado River Multi-Species Conservation Program Act.’’

Section 2. Definitions 

Section 2 provides definitions for the terms used in the bill. 

Section 3. Implementation and water accounting 

Section 3 provides clear authorization for the Secretary to participate in the conservation program. In addition, this section specifies that the Secretary has the authority to enter into agreements 

with Arizona, Nevada, and California to use water from the Lower 

Colorado River for habitat creation and maintenance. 

Section 4. Authorization of appropriations 

Section 4 authorizes such sums as may be necessary to the Secretary of the Interior to participate in this program. Additional language clarifies that any appropriated funding is non-reimbursable 

and non-returnable. 

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on 

Natural Resources’ oversight findings and recommendations are reflected in the body of this report. 

CONSTITUTIONAL AUTHORITY STATEMENT

Article I, section 8 of the Constitution of the United States 

grants Congress the authority to enact this bill. 


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COMPLIANCE WITH HOUSE RULE XIII

1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the Rules of 

the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(3)(B) of that rule provides 

that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974. 

2. Congressional Budget Act. As required by clause 3(c)(2) of rule 

XIII of the Rules of the House of Representatives and section 

308(a) of the Congressional Budget Act of 1974, this bill does not 

contain any new budget authority, spending authority, credit authority, or an increase or decrease in revenues or tax expenditures. 

3. General Performance Goals and Objectives. As required by 

clause 3(c)(4) of rule XIII, the general performance goal or objective 

of this bill is 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. 

4. Congressional Budget Office Cost Estimate. Under clause 

3(c)(3) of rule XIII of the Rules of the House of Representatives and 

section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the 

Director of the Congressional Budget Office: 

H.R. 2515—Lower Colorado River Multi-Species Conservation Program Act 

H.R. 2515 would authorize the Secretary of the Interior to participate in the Lower Colorado River Multi-Species Conservation 

Program. That program is a collaborative effort between the federal 

government and entities in the states of Nevada, Arizona, and California to address the needs of threatened and endangered fish and 

wildlife along the lower Colorado River while ensuring consistent 

water and power deliveries to the states involved in the program. 

Based on information from the Bureau of Reclamation, CBO estimates that the program would cost approximately $70 million to 

implement over the next five years and several hundred million 

dollars over the 50-year life of the program. The bureau, however, 

has been implementing the program since 2005 under existing authorities, and this legislation would not authorize any activities beyond those in which the bureau already is engaged. Hence, CBO 

estimates that implementing this bill would not significantly affect 

the federal budget. Enacting the bill would not affect direct spending or revenues. 

H.R. 2515 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

impose no costs on state, local, or tribal governments. 

The CBO staff contact for this estimate is Tyler Kruzich. This estimate was approved by Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

COMPLIANCE WITH PUBLIC LAW 104–4

This bill contains no unfunded mandates. 


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EARMARK STATEMENT

H.R. 2515 does not contain any congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined in clause 9(d), 9(e) 

or 9(f) of rule XXI. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any state, local or tribal law. 

CHANGES IN EXISTING LAW

If enacted, this bill would make no changes in existing law. 

Æ 


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