[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5180 Introduced in House (IH)]







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.

    Be it enacted by the Senate and House of Representatives 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:
            (1) Lower colorado river multi-species conservation 
        program.--The term ``Lower Colorado 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 floodplain and its mainstem reservoirs to their full 
        pool elevations.
            (3) Program documents.--The term ``Program Documents'' 
        means the Habitat Conservation Plan, Biological Assessment and 
        Biological and Conference Opinion, Environmental Impact 
        Statement/Environmental Impact Report, Funding and Management 
        Agreement, Implementing Agreement, and Section 10(a)(1)(B) 
        Permit issued and, as applicable, executed in connection with 
        the LCR MSCP.
            (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.
            (6) Steering committee.--The term ``Steering Committee'' 
        means the LCR MSCP steering committee established pursuant to 
        the Program Documents.

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 authorized and directed 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. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to the 
Secretary such sums as may be necessary to meet the obligations of the 
Secretary under the Program 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 
expenditures. Such investments shall be made only in interest-bearing 
obligations of the United States. Funds invested 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 Secretary for the LCR MSCP shall be non-
reimbursable and non-returnable.

SEC. 5. APPLICABLE LAW, CONTINUITY OF PROGRAM, ENFORCEABILITY 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, decree, or contract in effect on the date of 
enactment of this Act.
    (b) Continuity of Program Documents.--No future 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 and 
obligations of the parties under the Program Documents. The district 
court shall have jurisdiction with regard 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. 
Notwithstanding 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 individual in like circumstances. Any suit 
pursuant to this section 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.).
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