[DOCID: f:hr555.110]
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110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-555
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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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