I 

109TH CONGRESS 

2D SESSION H. R. 5180 

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. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 25, 2006 

Mr. HAYWORTH (for himself, Mr. RENZI, Mr. GIBBONS, Mr. CALVERT, Mr. 

KOLBE, and Mr. PORTER) introduced the following bill; which was referred to the Committee on Resources 

A BILL 

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’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) LOWER COLORADO RIVER MULTI-SPECIES

2 CONSERVATION PROGRAM.—The term ‘‘Lower Colo3 rado River Multi-Species Conservation Program’’ or 

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

5 Lower Colorado River between Federal and non6 Federal entities in Arizona, California, and Nevada 

7 approved by the Secretary of the Interior on April 

8 2, 2005. 

9 (2) LOWER COLORADO RIVER.—The term 

10 ‘‘Lower Colorado River’’ means the Colorado River 

11 from Lake Mead to the Southerly International 

12 Boundary with Mexico, including its historic flood13 plain and its mainstem reservoirs to their full pool 

14 elevations. 

15 (3) PROGRAM DOCUMENTS.—The term ‘‘Pro16 gram Documents’’ means the Habitat Conservation 

17 Plan, Biological Assessment and Biological and Con18 ference Opinion, Environmental Impact Statement/ 

19 Environmental Impact Report, Funding and Man20 agement Agreement, Implementing Agreement, and 

21 Section 10(a)(1)(B) Permit issued and, as applica22 ble, executed in connection with the LCR MSCP. 

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

24 the Secretary of the Interior. 


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

2 the States of Arizona, California, and Nevada. 

3 (6) STEERING COMMITTEE.—The term ‘‘Steer4 ing Committee’’ means the LCR MSCP steering 

5 committee established pursuant to the Program Doc6 uments. 

7 SEC. 3. IMPLEMENTATION AND WATER ACCOUNTING. 

8 (a) IMPLEMENTATION.—The Secretary shall manage 

9 and implement the LCR MSCP in accordance with the 

10 Program Documents. 

11 (b) WATER ACCOUNTING.—The Secretary is author12 ized and directed to enter into an agreement with the 

13 States providing for the use of water from the Lower Colo14 rado River for habitat creation and maintenance in ac15 cordance with the Program Documents. 

16 SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 

17 (a) IN GENERAL.—There is authorized to be appro18 priated to the Secretary such sums as may be necessary 

19 to meet the obligations of the Secretary under the Pro20 gram Documents, to remain available until expended. 

21 (b) INVESTMENTS.—The Secretary is authorized to 

22 invest with the Secretary of the Treasury such portions 

23 of appropriations, and any non-Federal contributions 

24 made pursuant to the Program Documents, as are not, 

25 in the judgment of the Secretary, required to meet current 


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1 expenditures. Such investments shall be made only in in2 terest-bearing obligations of the United States. Funds in3 vested under this subsection and interest on those funds 

4 shall be available to the Secretary to meet the obligations 

5 of the Secretary under the Program Documents. 

6 (c) NON-REIMBURSABLE AND NON-RETURNABLE.— 

7 All amounts appropriated to and expended by the Sec8 retary for the LCR MSCP shall be non-reimbursable and 

9 non-returnable. 

10 SEC. 5. APPLICABLE LAW, CONTINUITY OF PROGRAM, EN11 FORCEABILITY OF PROGRAM DOCUMENTS. 

12 (a) IN GENERAL.—Nothing in this Act shall impair 

13 any right to the delivery or beneficial consumptive use of 

14 Colorado River water under any compact, treaty, law, de15 cree, or contract in effect on the date of enactment of this 

16 Act. 

17 (b) CONTINUITY OF PROGRAM DOCUMENTS.—No fu18 ture act of Congress shall have the effect of modifying the 

19 Program Documents unless expressly made applicable to 

20 the LCR MSCP. 

21 (c) ENFORCEABILITY OF PROGRAM DOCUMENTS.— 

22 Any party to any agreement entered into with the United 

23 States or any agency thereof pursuant to the LCR MSCP 

24 may commence a civil action in United States district 

25 court to enforce the agreement or to declare the rights 


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1 and obligations of the parties under the Program Docu2 ments. The district court shall have jurisdiction with re3 gard to such action, may issue such orders, judgments and 

4 decrees as the court determines are appropriate, and may 

5 award costs of litigation to the prevailing party. Notwith6 standing any other law, the United States may be named 

7 as a defendant in any such action and such action shall 

8 not be dismissed nor relief denied on the ground that it 

9 is against the United States. The United States shall be 

10 deemed to have waived any right to plead that it is not 

11 amenable thereto by reason of its sovereignty, and shall 

12 be subject to judgments, orders and decrees of the court 

13 having jurisdiction, and may obtain review thereof in the 

14 same manner and to the same extent as a private indi15 vidual in like circumstances. Any suit pursuant to this sec16 tion may be brought in any United States district court 

17 in the State in which any non-Federal party to the suit 

18 is situated. 

19 (d) APPLICABLE LAW.—The Steering Committee 

20 shall not be subject to the Federal Advisory Committee 

21 Act (5 U.S.C. App.). 

Æ 


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