[House Report 110-555]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-555

======================================================================



 
      LOWER COLORADO RIVER MULTI-SPECIES CONSERVATION PROGRAM ACT

                                _______
                                

 March 31, 2008.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Rahall, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 2515]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 2515) 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, having 
considered the same, reports favorably thereon with an 
amendment and recommends that the bill as amended do pass.

    The amendment is as follows:
    Strike all after the enacting clause and insert the 
following:

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 ``LCRMSCP'' 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) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.
          (4) States.--The term ``States'' means each of the States of 
        Arizona, California, and Nevada.

SEC. 3. IMPLEMENTATION AND WATER ACCOUNTING.

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

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

  (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.
  (b) Nonreimbursable and Nonreturnable.--All amounts appropriated to 
and expended by the Secretary for the LCRMSCP shall be nonreimbursable 
and nonreturnable.

                          PURPOSE OF THE BILL

    The purpose of H.R. 2515 is 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.

                  BACKGROUND AND NEED FOR LEGISLATION

    H.R. 2515 directs the Secretary of the Interior to manage 
and implement the Lower Colorado River Multi-Species 
Conservation Program (LCRMSCP) in the States of Arizona, 
California, and Nevada in accordance with a biological opinion, 
habitat conservation plan, environmental impact statement, and 
other program documents defined in the legislation.
    The LCRMSCP is currently being implemented under existing 
law pursuant to an agreement the Secretary of the Interior 
approved on April 2, 2005. Parties to that agreement, however, 
including the Central Arizona Water Conservation District, 
Metropolitan Water District of Southern California, and states 
of California, Nevada, and Arizona, contend that they are 
seeking authorization to enhance their ability to secure 
federal appropriations in the future.
    The LCRMSCP would grant an incidental take permit under 
Section 10 of the Endangered Species Act (ESA) for 50 years to 
the non-federal entities, and would also provide 50-year 
assurances to federal agencies, including the Bureau of 
Reclamation, Western Area Power Administration, and U.S. Fish 
and Wildlife Service, that their actions will not jeopardize 
the continued existence of listed species under Section 7 of 
the ESA. The goal of this program is to protect the six listed 
species and 20 additional species that have the potential to 
become listed, and also to enable the federal and non-federal 
partners to continue their water and power operations on the 
Colorado River. The planning area covers about 400 river miles 
in the states of Arizona, California and Nevada from Lake Mead 
to the Southerly International Boundary with Mexico on the 
Lower Colorado.
    The Bureau of Reclamation will implement the LCRMSCP with 
oversight by a Steering Committee that includes parties to the 
agreement and other stakeholders (but not environmental 
organizations). By agreeing to the LCRMSCP, officials from 
urban and agricultural water agencies in the three states 
sought to head off restrictions that could have been imposed by 
the federal government under the Endangered Species Act. It is 
anticipated that this program will create over 8,100 acres of 
riparian and marsh habitat for the species and include plans 
for the rearing and stocking of over 1.2 million fish to 
augment populations of razorback sucker and bonytail chub.

                            COMMITTEE ACTION

    H.R. 2515 was introduced on May 24th, 2007 by 
Representative Dean Heller (R-NV). The bill was referred to the 
Committee on Natural Resources, and within the Committee to the 
Subcommittee on Water and Power. H.R. 2515 was the subject of a 
Water and Power subcommittee hearing on July 24, 2007.
    On March 12 the Full Resources Committee met to consider 
the bill. The Subcommittee was discharged from further 
consideration of the bill and Chairman Rahall (D-WV) offered an 
amendment in the nature of a substitute to provide for the 
authorization to participate in the conservation program, the 
authorization of appropriations, and language clarifying the 
ability of the Secretary to use project water for habitat 
creation and maintenance. The amendment in the nature of a 
substitute was adopted by unanimous consent. The bill, as 
amended, was then ordered favorably reported to the House of 
Representatives by unanimous consent.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    Section 1 provides that the legislation may be cited as the 
``Lower Colorado River Multi-Species Conservation Program 
Act.''

Section 2. Definitions

    Section 2 provides definitions for the terms used in the 
bill.

Section 3. Implementation and water accounting

    Section 3 provides clear authorization for the Secretary to 
participate in the conservation program. In addition, this 
section specifies that the Secretary has the authority to enter 
into agreements with Arizona, Nevada, and California to use 
water from the Lower Colorado River for habitat creation and 
maintenance.

Section 4. Authorization of appropriations

    Section 4 authorizes such sums as may be necessary to the 
Secretary of the Interior to participate in this program. 
Additional language clarifies that any appropriated funding is 
non-reimbursable and non-returnable.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is 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.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

H.R. 2515--Lower Colorado River Multi-Species Conservation Program Act

    H.R. 2515 would authorize the Secretary of the Interior to 
participate in the Lower Colorado River Multi-Species 
Conservation Program. That program is a collaborative effort 
between the federal government and entities in the states of 
Nevada, Arizona, and California to address the needs of 
threatened and endangered fish and wildlife along the lower 
Colorado River while ensuring consistent water and power 
deliveries to the states involved in the program.
    Based on information from the Bureau of Reclamation, CBO 
estimates that the program would cost approximately $70 million 
to implement over the next five years and several hundred 
million dollars over the 50-year life of the program. The 
bureau, however, has been implementing the program since 2005 
under existing authorities, and this legislation would not 
authorize any activities beyond those in which the bureau 
already is engaged. Hence, CBO estimates that implementing this 
bill would not significantly affect the federal budget. 
Enacting the bill would not affect direct spending or revenues.
    H.R. 2515 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Tyler Kruzich. 
This estimate was approved by Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                           EARMARK STATEMENT

    H.R. 2515 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e) or 9(f) of rule XXI.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any state, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

                                  
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