Lower Colorado River Multi-Species Conservation Program Act - Directs the Secretary of the Interior to manage and implement the Lower Colorado River Multi-Species Conservation Program, and to enter into an agreement with Arizona, California, and Nevada providing for the use of water from the Lower Colorado River for habitat creation and maintenance, in accordance with the Habitat Conservation Plan, Biological Assessment and Biological and Conference Opinion, Environmental Impact Statement/Environmental Impact Report, Funding and Management Agreement, Implementing Agreement.
Permits any party to an agreement entered into with the United States pursuant to the Program to commence a civil action in U.S. district court to enforce the agreement or to declare the rights and obligations of the parties under the program documents. Grants the district court jurisdiction over any such action.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5180 Introduced in House (IH)]
109th CONGRESS
2d Session
H. R. 5180
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 HOUSE OF REPRESENTATIVES
April 25, 2006
Mr. Hayworth (for himself, Mr. Renzi, Mr. Gibbons, Mr. Calvert, Mr.
Kolbe, and Mr. Porter) introduced the following bill; which was
referred to the Committee on 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 with regard to such action, may issue
such orders, judgments and decrees as the court determines are
appropriate, and may award costs of litigation to the prevailing party.
Notwithstanding any other law, the United States may be named as a
defendant in any such action and such action shall not be dismissed nor
relief denied on the ground that it is against the United States. The
United States shall be deemed to have waived any right to plead that it
is not amenable thereto by reason of its sovereignty, and shall be
subject to judgments, orders and decrees of the court having
jurisdiction, and may obtain review thereof in the same manner and to
the same extent as a private individual in like circumstances. 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.).
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Resources.
Executive Comment Requested from Interior.
Referred to the Subcommittee on Water and Power.
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