[House Report 119-278]
[From the U.S. Government Publishing Office]
119th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 119-278
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LOWER COLORADO RIVER MULTI-SPECIES
CONSERVATION PROGRAM AMENDMENT ACT OF 2025
----------------
September 15, 2025.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
----------------
Mr. Westerman, from the Committee on Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 831]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 831) to establish an interest-bearing account
for the non-Federal contributions to the Lower Colorado River
Multi-Species Conservation Program, 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 Amendment Act of 2025''.
SEC. 2. INTEREST-BEARING FUND.
Section 9402 of the Omnibus Public Land Management Act of 2009
(Public Law 111-11; 123 Stat. 1328) is amended by adding at the end the
following:
``(c) Interest-Bearing Account for Non-Federal Contributions.--
``(1) Definitions.--In this subsection:
``(A) Agreement.--The term `Agreement' means the
agreement entitled the `Lower Colorado River Multi-
Species Conservation Program Funding and Management
Agreement' and dated April 4, 2005.
``(B) Fund.--The term `Fund' means the Non-Federal
Funding Account for the Lower Colorado River Multi-
Species Conservation Program established by paragraph
(2).
``(C) Non-federal contribution.--The term `non-
Federal contribution' means an amount contributed by a
State Party for the non-Federal cost share described in
section 8 of the Agreement.
``(D) State party.--The term `State Party' has the
meaning given the term in section 3 of the Agreement.
``(2) Establishment.--There is established in the Treasury of
the United States a fund, to be known as the `Non-Federal
Funding Account for the Lower Colorado River Multi-Species
Conservation Program', consisting of--
``(A) any amounts deposited in the Fund under
paragraph (3); and
``(B) any interest earned on investment of amounts in
the Fund under paragraph (4).
``(3) Deposits to fund.--
``(A) In general.--Pursuant to section 8.4 of the
Agreement, the Secretary of the Treasury shall deposit
in the Fund--
``(i) any unexpended non-Federal
contributions provided before the date of
enactment of this subsection; and
``(ii) any non-Federal contributions provided
on or after the date of enactment of this
subsection.
``(B) Availability of amounts.--
``(i) Expenditure.--Amounts deposited in the
Fund under subparagraph (A) shall be made
available to the Secretary, without further
appropriation, for expenditure--
``(I) as provided in the Program
Documents; and
``(II) in accordance with this
section.
``(ii) Interest.--Amounts derived from
interest earned on amounts in the Fund under
subparagraph (A) shall be made available,
subject to the availability of appropriations,
to the Secretary for expenditure--
``(I) as provided in the Program
Documents; and
``(II) in accordance with this
section.
``(4) Investment of amounts.--
``(A) In general.--The Secretary of the Treasury may
invest any portion of the Fund that is not, as
determined by the Secretary, required to meet the
current needs of the Fund.
``(B) Requirement.--Investments under subparagraph
(A) may be made only in interest-bearing obligations of
the United States.
``(5) Transfers of amounts.--
``(A) Transfer of previously contributed funds.--The
amounts required to be deposited in the Fund under
paragraph (3)(A)(i) shall be transferred from the
general fund of the Treasury to the Fund not later than
90 days after the date of enactment of this subsection.
``(B) Transfer of future contributed funds.--As soon
as practicable after the date on which amounts
described in paragraph (3)(A)(ii) are contributed,
those amounts shall be transferred to the Fund.
``(C) Responsibility of state parties.--In accordance
with the Agreement, on deposit of amounts in the Fund
under paragraph (3), the State Parties shall not be
responsible for any losses due to investment of those
amounts the Fund.''.
Purpose of the Legislation
The purpose of H.R. 831 is to establish an interest-bearing
account for the non-Federal contributions to the Lower Colorado
River Multi-Species Conservation Program, and for other
purposes.
Background and Need for Legislation
H.R. 831 would establish an interest-bearing account within
the U.S. Department of the Treasury for unexpended, non-federal
contributions to the Lower Colorado River Multi-Species
Conservation Program. The Lower Colorado River Multi-Species
Conservation Program was authorized by Congress in 2009 and
aims to protect native fish populations and increase habitat
for migratory birds.\1\ The program's budget for the 50-year
term of its authorization was $626 million, with the federal
government contributing 50 percent of the funding and the three
lower Colorado River Basin states providing the remainder (with
California paying 25 percent, and Arizona and Nevada each
paying 12.5 percent).\2\
---------------------------------------------------------------------------
\1\``Reps. Calvert and Napolitano Introduce Bill to Support the
Lower Colorado River Multi-Species Conservation Program.'' The Office
of Representative Ken Calvert. September 10, 2024. https://
calvert.house.gov/media/press-releases/reps-calvert-and-napolitano-
introduce-bill-support-lower-colorado-river-multi.
\2\Id.
---------------------------------------------------------------------------
For Fiscal Year 2024, the program budget calls for funding
of $38.8 million, with the state participants paying $19.4
million.\3\ Currently, $60 million remains available for the
program. However, the pace of funding has exceeded the pace of
work, meaning the available funding is unable to be effectively
used. This legislation would allow the non-federal portion of
the available funds to be placed into an interest-bearing
account. The Bureau of Reclamation does not have the authority,
absent further congressional direction, to place this funding
in an interest-bearing account. Placing these funds into an
interest-bearing account could provide approximately $2 million
annually that would otherwise be the burden of the lower basin
states.\4\
---------------------------------------------------------------------------
\3\``Lower Colorado River Multi-Species Conservation Program.''
Final Implementation Report, Fiscal Year 2024 Work Plan and Budget,
Fiscal Year 2022 Accomplishment Report. U.S. Bureau of Reclamation.
June 2023. https://naturalresources.house.gov/uploadedfiles/
imp_20241.pdf.
\4\E-mail from U.S. Bureau of Reclamation Congressional Affairs
Liaison to House Natural Resources Committee Majority Staff. November
12, 2024. (On file with Committee on Natural Resources.)
---------------------------------------------------------------------------
As drafted, H.R. 831 is identical to H.R. 9515 from the
118th Congress. An amendment was adopted to make the interest
earned subject to appropriations.
Committee Action
H.R. 831 was introduced on January 31, 2025, by
Representative Ken Calvert (R-CA). The bill was referred to the
Committee on Natural Resources. On July 15, 2025, the Committee
on Natural Resources met to consider the bill. Chairman Bruce
Westerman (R-AR) offered an amendment designated Westerman #1.
The amendment was agreed to by unanimous consent. The bill, as
amended, was ordered favorably reported to the House of
Representatives by unanimous consent.
Hearings
For the purposes of clause 3(c)(6) of House rule XIII, the
following hearing was used to develop or consider this measure:
hearing in the 118th Congress by the Subcommittee on Water,
Wildlife and Fisheries held on November 20, 2024.
Section-by-Section Analysis
Section 1. Short title
Section 1 establishes the short title of this act as the
``Lower Colorado River Multi-Species Conservation Program
Amendment Act of 2025.''
Section 2. Interest-bearing fund
Section 2 amends the Omnibus Public Land Management Act of
2009 (Public Law 111-11; 123 Stat. 1328) to establish an
interest-bearing account for non-federal contributions to the
Lower Colorado River Multi-Species Conservation Program.
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.
Compliance With House Rule XIII and
Congressional Budget Act
1. Cost of Legislation and the Congressional Budget Act.
Pursuant to clause 3(c)(2) of House rule XIII and section
308(a) of the Congressional Budget Act of 1974, and pursuant to
clause 3(c)(3) of House rule XIII and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received from the Director of the Congressional Budget
Office a budgetary analysis and a cost estimate of this bill.
2. 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 establish an interest-bearing
account for the non-Federal contributions to the Lower Colorado
River Multi-Species Conservation Program, and for other
purposes.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Unfunded Mandates Reform Act Statement
An estimate of federal mandates prepared by the Director of
the Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act was not made available to the
Committee in time for the filing of this report. The Chair of
the Committee shall cause such estimate to be printed in the
Congressional Record upon its receipt by the Committee, if such
estimate is not publicly available on the Congressional Budget
Office website.
Existing Programs
Directed Rule Making. This bill does not contain any
directed rule makings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Preemption of State, Local or Tribal Law
Any preemptive effect of this bill over state, local, or
tribal law is intended to be consistent with the bill's
purposes and text and the Supremacy Clause of Article VI of the
U.S. Constitution.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italics and existing law in which no change is
proposed is shown in roman):
SECTION 9402 OF THE OMNIBUS PUBLIC LAND
MANAGEMENT ACT OF 2009
SEC. 9402. 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.
(c) Interest-Bearing Account for Non-Federal
Contributions.--
(1) Definitions.--In this subsection:
(A) Agreement.--The term ``Agreement''
means the agreement entitled the ``Lower
Colorado River Multi-Species Conservation
Program Funding and Management Agreement'' and
dated April 4, 2005.
(B) Fund.--The term ``Fund'' means the Non-
Federal Funding Account for the Lower Colorado
River Multi-Species Conservation Program
established by paragraph (2).
(C) Non-federal contribution.--The term
``non-Federal contribution'' means an amount
contributed by a State Party for the non-
Federal cost share described in section 8 of
the Agreement.
(D) State party.--The term ``State Party''
has the meaning given the term in section 3 of
the Agreement.
(2) Establishment.--There is established in the
Treasury of the United States a fund, to be known as
the ``Non-Federal Funding Account for the Lower
Colorado River Multi-Species Conservation Program'',
consisting of--
(A) any amounts deposited in the Fund under
paragraph (3); and
(B) any interest earned on investment of
amounts in the Fund under paragraph (4).
(3) Deposits to fund.--
(A) In general.--Pursuant to section 8.4 of
the Agreement, the Secretary of the Treasury
shall deposit in the Fund--
(i) any unexpended non-Federal
contributions provided before the date
of enactment of this subsection; and
(ii) any non-Federal contributions
provided on or after the date of
enactment of this subsection.
(B) Availability of amounts.--
(i) Expenditure.--Amounts deposited
in the Fund under subparagraph (A)
shall be made available to the
Secretary, without further
appropriation, for expenditure--
(I) as provided in the
Program Documents; and
(II) in accordance with
this section.
(ii) Interest.--Amounts derived
from interest earned on amounts in the
Fund under subparagraph (A) shall be
made available, subject to the
availability of appropriations, to the
Secretary for expenditure--
(I) as provided in the
Program Documents; and
(II) in accordance with
this section.
(4) Investment of amounts.--
(A) In general.--The Secretary of the
Treasury may invest any portion of the Fund
that is not, as determined by the Secretary,
required to meet the current needs of the Fund.
(B) Requirement.--Investments under
subparagraph (A) may be made only in interest-
bearing obligations of the United States.
(5) Transfers of amounts.--
(A) Transfer of previously contributed
funds.--The amounts required to be deposited in
the Fund under paragraph (3)(A)(i) shall be
transferred from the general fund of the
Treasury to the Fund not later than 90 days
after the date of enactment of this subsection.
(B) Transfer of future contributed funds.--
As soon as practicable after the date on which
amounts described in paragraph (3)(A)(ii) are
contributed, those amounts shall be transferred
to the Fund.
(C) Responsibility of state parties.--In
accordance with the Agreement, on deposit of
amounts in the Fund under paragraph (3), the
State Parties shall not be responsible for any
losses due to investment of those amounts the
Fund.
[all]