II 109th CONGRESS 2d Session S. 3841 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.

Short title

This Act may be cited as the Lower Colorado River Multi-Species Conservation Program Act.

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.

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.

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.

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.).