[Congressional Bills 110th Congress]
[From the U.S. Government Printing 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