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]
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 this Act:
(1) LOWER COLORADO RIVER MULTI-SPECIES CONSERVATION PROGRAM- The term `‘Lower Colorado River Multi-Species Conservation Program'’ or `LCR MSCP'‘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‘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) SECRETARYPROGRAM DOCUMENTS- The term `Secretary'‘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.
(4) STATES5) STATE- The term `States'‘State’ means each of the States of Arizona, California, and Nevada.
(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.
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
U.S. Congress - Text of H.R.2515 as Reported in Senate Lower Colorado River Multi-Species Conservation Program Act
