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 re-
ferred 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, Cali-
fornia, and Nevada, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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: 
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(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- 
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 flood-
plain and its mainstem reservoirs to their full pool 
elevations. 
(3) PROGRAM
DOCUMENTS.—The term ‘‘Pro-
gram Documents’’ means the Habitat Conservation 
Plan, Biological Assessment and Biological and Con-
ference Opinion, Environmental Impact Statement/ 
Environmental Impact Report, Funding and Man-
agement Agreement, Implementing Agreement, and 
Section 10(a)(1)(B) Permit issued and, as applica-
ble, executed in connection with the LCR MSCP. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
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(5) STATE.—The term ‘‘State’’ means each of 
the States of Arizona, California, and Nevada. 
(6) STEERING COMMITTEE.—The term ‘‘Steer-
ing Committee’’ means the LCR MSCP steering 
committee established pursuant to the Program Doc-
uments. 
SEC. 3. IMPLEMENTATION AND WATER ACCOUNTING. 
(a) IMPLEMENTATION.—The Secretary shall manage 
and implement the LCR MSCP in accordance with the 
Program Documents. 
(b) WATER ACCOUNTING.—The Secretary is author-
ized and directed to enter into an agreement with the 
States providing for the use of water from the Lower Colo-
rado River for habitat creation and maintenance in ac-
cordance with the Program Documents. 
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 meet the obligations of the Secretary under the Pro-
gram Documents, to remain available until expended. 
(b) INVESTMENTS.—The Secretary is authorized to 
invest with the Secretary of the Treasury such portions 
of appropriations, and any non-Federal contributions 
made pursuant to the Program Documents, as are not, 
in the judgment of the Secretary, required to meet current 
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expenditures. Such investments shall be made only in in-
terest-bearing obligations of the United States. Funds in-
vested under this subsection and interest on those funds 
shall be available to the Secretary to meet the obligations 
of the Secretary under the Program Documents. 
(c) NON-REIMBURSABLE AND NON-RETURNABLE.— 
All amounts appropriated to and expended by the Sec-
retary for the LCR MSCP shall be non-reimbursable and 
non-returnable. 
SEC. 5. APPLICABLE LAW, CONTINUITY OF PROGRAM, EN-
FORCEABILITY OF PROGRAM DOCUMENTS. 
(a) IN GENERAL.—Nothing in this Act shall impair 
any right to the delivery or beneficial consumptive use of 
Colorado River water under any compact, treaty, law, de-
cree, or contract in effect on the date of enactment of this 
Act. 
(b) CONTINUITY OF PROGRAM DOCUMENTS.—No fu-
ture act of Congress shall have the effect of modifying the 
Program Documents unless expressly made applicable to 
the LCR MSCP. 
(c) ENFORCEABILITY OF PROGRAM DOCUMENTS.— 
Any party to any agreement entered into with the United 
States or any agency thereof pursuant to the LCR MSCP 
may commence a civil action in United States district 
court to enforce the agreement or to declare the rights 
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and obligations of the parties under the Program Docu-
ments. The district court shall have jurisdiction with re-
gard to such action, may issue such orders, judgments and 
decrees as the court determines are appropriate, and may 
award costs of litigation to the prevailing party. Notwith-
standing any other law, the United States may be named 
as a defendant in any such action and such action shall 
not be dismissed nor relief denied on the ground that it 
is against the United States. The United States shall be 
deemed to have waived any right to plead that it is not 
amenable thereto by reason of its sovereignty, and shall 
be subject to judgments, orders and decrees of the court 
having jurisdiction, and may obtain review thereof in the 
same manner and to the same extent as a private indi-
vidual in like circumstances. Any suit pursuant to this sec-
tion may be brought in any United States district court 
in the State in which any non-Federal party to the suit 
is situated. 
(d) APPLICABLE LAW.—The Steering Committee 
shall not be subject to the Federal Advisory Committee 
Act (5 U.S.C. App.). 
Æ 
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