[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 3841 Introduced in Senate (IS)]








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.

    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 of such actions and may issue such 
orders, judgements, and decrees as are consistent with the court's 
exercise of jurisdiction under this section. The United States or any 
agency thereof may be named as a defendant in such actions. The 
sovereign immunity of the United States is waived for purposes of 
actions commenced pursuant to this section. Nothing in this section 
waives the sovereign immunity of the United States to claims for money 
damages, monetary compensation, the provision of indemnity, or any 
claim seeking money from the United States. 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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