[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2515 Reported in Senate (RS)]






                                                       Calendar No. 819
110th CONGRESS
  2d Session
                                H. R. 2515

                          [Report No. 110-387]


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               April 1 (legislative day, March 13), 2008

   Received; read twice and referred to the Committee on Energy and 
                           Natural Resources

                             June 16, 2008

              Reported by Mr. Bingaman, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 AN ACT


 
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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Lower Colorado River Multi-
Species Conservation Program Act''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>
        <DELETED>    (4) States.--The term ``States'' means each of the 
        States of Arizona, California, and Nevada.</DELETED>

<DELETED>SEC. 3. IMPLEMENTATION AND WATER ACCOUNTING.</DELETED>

<DELETED>    (a) In General.--The Secretary is authorized to 
participate in the Lower Colorado River Multi-Species Conservation 
Program.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 4. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    (a) In General.--There is authorized to be appropriated 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.</DELETED>
<DELETED>    (b) Nonreimbursable and Nonreturnable.--All amounts 
appropriated to and expended by the Secretary for the LCR MSCP shall be 
nonreimbursable and nonreturnable.</DELETED>

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 segment of the Colorado River within the 
        planning area as provided in section 2(B) of the Implementing 
        Agreement, a Program Document.
            (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, and any amendments or successor documents that 
        are developed consistent with existing agreements and 
        applicable 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.
    (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 obligations of the parties under those Program Documents.
    (b) Jurisdiction.--The district court shall have jurisdiction over 
such actions and may issue such orders, judgments, 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 defendant in such actions.
            (2) Sovereign immunity.--Subject to paragraph (3), the 
        sovereign immunity of the United States is waived for purposes 
        of actions commenced pursuant to this section.
            (3) Nonwaiver for certain claims.--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.
    (d) Rights Under Federal and State Law.--Except as specifically 
provided in this section, nothing in this section limits any rights of 
any party under Federal or State law.
    (e) Venue.--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.

SEC. 5. 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) 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.
                                                       Calendar No. 819

110th CONGRESS

  2d Session

                               H. R. 2515

                          [Report No. 110-387]

_______________________________________________________________________

                                 AN ACT

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.

_______________________________________________________________________

                             June 16, 2008

                       Reported with an amendment