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 appro-
priated 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 LCR MSCP shall be nonreimbursable and non-
returnable. 
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 Colo-
rado River Multi-Species Conservation Program’’ or 
‘‘LCR MSCP’’ means the cooperative effort on the 
Lower Colorado River between Federal and non-Fed-
eral entities in Arizona, California, and Nevada ap-
proved by the Secretary of the Interior on April 2, 
2005. 
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(2) LOWER COLORADO RIVER.—The term ‘‘Lower 
Colorado River’’ means the segment of the Colorado 
River within the planning area as provided in section 
2(B) of the Implementing Agreement, a Program Doc-
ument. 
(3) PROGRAM DOCUMENTS.—The term ‘‘Program 
Documents’’ means the Habitat Conservation Plan, 
Biological Assessment and Biological and Conference 
Opinion, Environmental Impact Statement/Environ-
mental Impact Report, Funding and Management 
Agreement, Implementing Agreement, and Section 
10(a)(1)(B) Permit issued and, as applicable, exe-
cuted in connection with the LCR MSCP, and any 
amendments or successor documents that are devel-
oped consistent with existing agreements and applica-
ble law. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(5) STATE.—The term ‘‘State’’ means each of the 
States of Arizona, California, and Nevada. 
SEC. 3. IMPLEMENTATION AND WATER ACCOUNTING. 
(a) IMPLEMENTATION.—The Secretary is authorized to 
manage and implement the LCR MSCP in accordance with 
the Program Documents. 
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(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 in accordance with the Program 
Documents. 
SEC. 4. ENFORCEABILITY OF PROGRAM DOCUMENTS. 
(a) IN GENERAL.—Any party to the Funding and 
Management Agreement or the Implementing Agreement, 
and any permittee under the Section 10(a)(1)(B) Permit, 
may commence a civil action in United States district court 
to adjudicate, confirm, validate or decree the rights and ob-
ligations of the parties under those Program Documents. 
(b) JURISDICTION.—The district court shall have juris-
diction over such actions and may issue such orders, judg-
ments, and decrees as are consistent with the court’s exercise 
of jurisdiction under this section. 
(c) UNITED STATES AS DEFENDANT.— 
(1) IN
GENERAL.—The United States or any 
agency of the United States may be named as a de-
fendant in such actions. 
(2) SOVEREIGN
IMMUNITY.—Subject to para-
graph (3), the sovereign immunity of the United 
States is waived for purposes of actions commenced 
pursuant to this section. 
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