II 

109TH CONGRESS 

2D SESSION S. 3841 

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 SENATE OF THE UNITED STATES 

SEPTEMBER 5, 2006 

Mr. KYL (for himself, Mr. ENSIGN, Mr. REID, and Mrs. FEINSTEIN) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural 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: 


hmoore on PROD1PC68 with HMBILLS
2 

•S 3841 IS

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. 


hmoore on PROD1PC68 with HMBILLS
3 

•S 3841 IS

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 


hmoore on PROD1PC68 with HMBILLS
4 

•S 3841 IS

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 


hmoore on PROD1PC68 with HMBILLS
5 

•S 3841 IS

1 and obligations of the parties under the Program Docu2 ments. The district court shall have jurisdiction of such 

3 actions and may issue such orders, judgements, and de4 crees as are consistent with the court’s exercise of jurisdic5 tion under this section. The United States or any agency 

6 thereof may be named as a defendant in such actions. The 

7 sovereign immunity of the United States is waived for pur8 poses of actions commenced pursuant to this section. 

9 Nothing in this section waives the sovereign immunity of 

10 the United States to claims for money damages, monetary 

11 compensation, the provision of indemnity, or any claim 

12 seeking money from the United States. Any suit pursuant 

13 to this section may be brought in any United States dis14 trict court in the State in which any non-Federal party 

15 to the suit is situated. 

16 (d) APPLICABLE LAW.—The Steering Committee 

17 shall not be subject to the Federal Advisory Committee 

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

Æ 


hmoore on PROD1PC68 with HMBILLS