[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3481 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 3481
To provide for the protection of the quality of water in the Lower
Colorado River and the development and implementation of a
comprehensive plan for the prevention and elimination of pollution in
the Lower Colorado River and the maintenance of a healthy Lower
Colorado River ecosystem.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 31, 2009
Mr. Grijalva introduced the following bill; which was referred to the
Committee on Transportation and Infrastructure, and in addition to the
Committee on Natural Resources, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To provide for the protection of the quality of water in the Lower
Colorado River and the development and implementation of a
comprehensive plan for the prevention and elimination of pollution in
the Lower Colorado River and the maintenance of a healthy Lower
Colorado River ecosystem.
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 Protection
Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings.
Sec. 4. Declaration of goals.
Sec. 5. Definitions.
TITLE I--PLAN DEVELOPMENT
Sec. 101. Lower Colorado River Management Conference.
Sec. 102. Lower Colorado River protection program.
Sec. 103. Environmental and pollution control research program.
Sec. 104. Lower Colorado River pollution elimination and ecosystem
restoration plan.
Sec. 105. Report on the plan to Congress.
TITLE II--PLAN IMPLEMENTATION
Sec. 201. Management.
Sec. 202. Qualified projects.
Sec. 203. Encouraging involvement of other programs.
Sec. 204. Public information program.
Sec. 205. Report.
Sec. 206. Compliance with State and Federal law.
SEC. 3. FINDINGS.
The Congress finds the following:
(1) Safe supplies of water are fundamental to the health,
economy, security, and ecology of the United States.
(2) Research, development, and implementation of means and
methods to protect the quality of the water resources of the
United States will help ensure the continued existence of safe
water to support--
(A) increasing populations;
(B) economic growth;
(C) irrigated agriculture and a safe food supply;
and
(D) the protection of aquatic ecosystems.
(3) The Colorado River is a multifaceted resource of the
United States because--
(A) the Colorado River is a natural wonder, a
national treasure, and the lifeblood of the Southwest
as it provides drinking water for more than 25,000,000
people and irrigates 1,800,000 acres of land, watering
15 percent of United States crops and over 80 percent
of winter vegetables consumed in the United States;
(B) the Colorado River is a major water recreation
destination for boaters, fishermen, skiers, swimmers,
hikers, and others with the Grand Canyon receiving
approximately 4,500,000 visitors per year, the Glen
Canyon National Recreation Area receiving approximately
2,000,000 visitors per year, and Lake Mead National
Recreation Area receiving approximately 8,000,000
visitors per year; and
(C) the Colorado River and its tributaries form a
unique habitat that supports many rare and unusual
species, including 36 native fish species (not
including 2 that have already gone extinct), of which
25 species are found only in the Colorado River and its
tributaries, 11 species are classified as endangered, 4
species are classified as threatened, and 5 species are
classified as sensitive.
(4) The Colorado River is endangered because--
(A) the habitat along the Colorado River has been
altered by dams, diversions, habitat loss and
degradation, chemical pollution, and nonnative plant
and animal species (including 62 nonnative species of
fish), such that it is no longer the warm, silt-laden,
sometimes turbulent, and ecologically balanced home to
which native species are adapted, which has reduced the
populations and ranges of many native species;
(B) male fish in Las Vegas Bay of Lake Mead have
relatively high levels of endocrine disrupting
compounds (EDCs), low levels of sex hormones, and
shrunken testes associated with exposure to EDCs in
effluent discharged into Las Vegas Wash and making its
way into the lake, and this effluent will soon be
directly discharged into Lake Mead instead of Las Vegas
Wash;
(C) the dangers of increasing levels of EDCs are
exemplified by the condition of the San Francisco Bay
Estuary, the source of drinking water for 25,000,000
Californians, where fish populations are crashing and
young fish are born with brain, liver, and other
deformities associated with high levels of
environmental exposure to EDCs, which are making their
way into people as evidenced by levels of the fire
retardant polybrominated diphenyl ether reaching up to
100 times normal concentrations in the breast milk of
Bay Area women;
(D) nitrate pollution from degrading septic tanks
presents a current and continuing threat to the health
of the Lower Colorado River and the ecosystems and the
health of the people that depend on it;
(E) nitrate pollution also threatens the beneficial
use of recreation along the Lower Colorado River
because excess nitrates cause algal blooms, which die
and decompose, deoxygenating the water and killing
large numbers of fish;
(F) run-off and return flows from agricultural
lands into the Lower Colorado River and adjacent
aquifers and waterways are rich in nitrates and
sediment and high in salinity;
(G) a number of chemicals in addition to nitrates
are current or emerging threats to the Lower Colorado
River, including uranium and other uranium mining by-
products, selenium, hexavalent chromium, perchlorate,
mercury, EDCs, pharmaceuticals, and personal care
products;
(H) known chemical and radioactive threats to the
river include a 100-foot high, 130 acre, 10.5 million
ton pile of uranium mill tailings located 750 feet from
the river near Moab, Utah, and being remediated by the
Department of Energy;
(I) thousands of new mining claims, mostly for
uranium, on Federal lands adjacent to the Grand Canyon
are an emerging threat to the Colorado River;
(J) known chemical threats to the river include 2
plumes of perchlorate rocket fuel near Henderson,
Nevada, now being voluntarily remediated by the land
owners, but previously making its way into lettuce
grown over 200 miles away near Yuma, Arizona;
(K) known chemical threats to the river include 2
plumes of hexavalent chromium near Topock, California,
and Lake Havasu City, Arizona, being voluntarily
remediated by the land owners;
(L) quagga mussels, tamarisk, and other invasive
species are disrupting ecosystems and threatening
infrastructure and water quality in the Lower Colorado
River; and
(M) other types of contaminants and sources of
pollution are a present danger to the Lower Colorado
River, including pathogens, stormwater run-off, and
salinity.
(5) Demands on and needs of the Colorado River that are
increasing stresses on the ecosystems and water resources of
the Lower Colorado River are increasing because--
(A) the population of California is projected to
increase from 39,000,000 in 2010 to almost 60,000,000
in 2050, and the population of Arizona is projected to
increase from 7,000,000 in 2010 to almost 13,000,000 in
2050;
(B) population along the Lower Colorado River is
expected to grow from its current 290,000 to 480,000 by
2025;
(C) more than $2 billion is needed by 2025 to build
the wastewater treatment plants necessary to ameliorate
the danger to the Lower Colorado River from septic
tanks; and
(D) according to the most recent Intergovernmental
Panel on Climate Change report, the average annual
temperature will increase by over 6 degrees Fahrenheit
and annual run-off will decrease by 20 percent or more
over much of the Lower Colorado River Basin by the end
of the century.
SEC. 4. DECLARATION OF GOALS.
The goals of this Act are as follows:
(1) To restore and maintain the ecosystems and the
chemical, biological, and physical integrity of the waters of
the Lower Colorado River to attain water quality that--
(A) provides for the protection and propagation of
plants, fish, shellfish, wildlife, and a balanced
population of natural, safe microorganisms;
(B) provides for recreation in and on the water;
and
(C) protects the health of the millions of citizens
of the United States who drink the water of the Lower
Colorado River and eat the produce grown with water
withdrawn from the Lower Colorado River.
(2) To reduce the discharge of toxic pollutants into the
Lower Colorado River to below toxic amounts and to remediate
existing sources of toxic pollutants.
(3) To develop and implement programs in an expeditious
manner for the control of nonpoint sources of pollution to
enable the goals of this Act to be met through the control of
both point and nonpoint sources of pollution.
(4) To complete research and development based on science
and engineering to enable the goals of this Act to be met.
(5) To empower the Environmental Protection Agency to take
the lead in the effort to meet these goals, working with other
Federal agencies and State and local authorities.
SEC. 5. DEFINITIONS.
For the purposes of this Act, the following definitions apply:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Agency.--The term ``Agency'' means the Environmental
Protection Agency.
(3) CRRSCo.--The term ``CRRSCo'' means the Colorado River
Regional Sewer Coalition, an Arizona nonprofit corporation
whose members are cities, towns, counties, Indian tribes, and
political subdivisions in the Lower Colorado River Basin which
have the financial and management responsibilities for the
provision of wastewater services within their jurisdictions.
(4) Federal agencies.--The term ``Federal agencies''
includes the Environmental Protection Agency, the Department of
the Interior (including the Bureau of Reclamation, the United
States Fish and Wildlife Service, the Bureau of Land
Management, the National Park Service, and the United States
Geological Survey), the Army Corps of Engineers, the Department
of Commerce (including the National Marine Fisheries Service),
the Department of Agriculture (including the Natural Resources
Conservation Service and the Forest Service), and the Western
Area Power Administration.
(5) Federally recognized indian tribes.--The term
``federally recognized Indian tribes'' means--
(A) the Colorado River Indian Tribes of the
Colorado River Indian Reservation, Arizona and
California;
(B) the Chemehuevi Indian Tribe of the Chemehuevi
Reservation, California;
(C) the Fort Mohave Indian Tribe of Arizona,
California, and Nevada;
(D) the Quechan Tribe of the Fort Yuma Indian
Reservation; and
(E) the Cocopah Tribe of Arizona.
(6) Lower colorado river.--The term ``Lower Colorado
River'' means that portion of the Colorado River downstream
from Lees Ferry, as defined in the Colorado River Compact of
1922, and within the United States.
(7) Lower colorado river basin.--The term ``Lower Colorado
River Basin'' means the geographic areas in the States of
Arizona, California, and Nevada that are hydrologically
connected to the mainstem of the Lower Colorado River.
(8) Management conference.--The term ``Management
Conference'' means the Lower Colorado River Management
Conference established in section 101.
(9) Plan.--The term ``Plan'' means the Lower Colorado River
Pollution Elimination and Ecosystem Restoration Plan described
in section 104;
(10) Program.--The term ``Program'' means the Lower
Colorado River Protection Program established in section 102.
(11) Qualified project.--The term ``qualified project''
means a project to be carried out in the Lower Colorado River
Basin that--
(A) monitors or evaluates the release or discharge
of pollutants in the Lower Colorado River Basin; or
(B) prevents, reduces, or eliminates pollution in
the Lower Colorado River or restores or maintains the
ecosystem health of the Lower Colorado River in
accordance with the Plan; and
(C) does not include the purchase of water for the
purpose of flow regulation in the Lower Colorado River
or its tributaries.
TITLE I--PLAN DEVELOPMENT
SEC. 101. LOWER COLORADO RIVER MANAGEMENT CONFERENCE.
(a) Establishment.--There is established a Lower Colorado River
Management Conference to develop the Lower Colorado River Pollution
Elimination and Ecosystem Restoration Plan.
(b) Membership.--The members of the Management Conference shall be
comprised of the following:
(1) The Governors of the States of California, Arizona, and
Nevada or their designees.
(2) 1 representative from each of the following Federal
agencies:
(A) The Agency.
(B) The Bureau of Reclamation.
(C) The Western Area Power Administration.
(D) The National Park Service.
(E) The United States Fish and Wildlife Service.
(F) The United States Geological Survey.
(3) The chairperson of CRRSCo.
(4) 5 members of the board of directors of CRRSCo that
represent local governments, federally recognized Indian
tribes, and sewer districts within the Lower Colorado River
Basin, chosen by the board of directors of the CRRSCo.
(5) 1 person representing any federally recognized Indian
tribe that is not represented on the board of directors of
CRRSCo.
(6) Not more than a total of 18 representatives appointed
by the Governors of the States of California, Arizona, and
Nevada, comprised of the following:
(A) 1 person representing each of the State
environmental protection agencies of Arizona,
California, and Nevada, for a total of 3
representatives.
(B) 1 person representing each of the State water
resources agencies of Arizona, California, and Nevada,
for a total of 3 representatives.
(C) Not more than 6 representatives of local
governments having jurisdiction over any land or water
within the Lower Colorado River Basin and that are not
represented on the board of directors of CRRSCo.
(D) 2 persons representing affected industries.
(E) 2 persons representing nongovernmental
organizations.
(F) 2 persons representing the general public.
(7) 1 person representing the Colorado River Energy
Distributors Association.
(8) 1 person representing the Colorado River Commission of
Nevada.
(9) 1 person representing the Colorado River Water Users
Association.
(c) Technical Advisory Committee.--Not later than 120 days after
the date of enactment of this Act, the Management Conference shall
appoint a Technical Advisory Committee consisting of officials of
Federal agencies, the State governments of Arizona, California, and
Nevada, the governments of political subdivisions of such States, and
private research institutions to ensure the input of the technical
expertise of those agencies and authorities in developing and
implementing the Plan.
SEC. 102. LOWER COLORADO RIVER PROTECTION PROGRAM.
(a) Establishment.--The Lower Colorado River Protection Program is
hereby established within the Agency Region 9 office.
(b) Director; Staff.--The Program shall be headed by a Director and
shall be staffed by not less than 2 persons in addition to the
Director.
(c) Purpose.--The Program shall provide staff and support services
to the Management Conference and the Technical Advisory Committee.
SEC. 103. ENVIRONMENTAL AND POLLUTION CONTROL RESEARCH PROGRAM.
(a) Research Program.--
(1) Establishment.--The Administrator, acting through the
Director of the Program, shall establish a multidisciplinary
environmental research program for the Lower Colorado River.
(2) Grants.--
(A) In general.--For the purposes of carrying out
this subsection, the Administrator may make grants to
State water pollution control agencies, other public or
nonprofit agencies, institutions, organizations, and
individuals to conduct environmental and pollution
control projects in the Lower Colorado River Basin.
(B) Limitations.--
(i) Amount for less than 45 percent cost
share.--The amount of any such grant for which
the non-Federal contribution to the total
project cost is less than 45 percent may not
exceed $50,000 per year.
(ii) Other.--The amount of any such grant
for which the non-Federal contribution to the
total project cost is 45 percent or more may
not exceed $100,000 per year.
(iii) In-kind contributions.--The value of
in-kind contributions may be included in the
calculation of non-Federal contributions to
project costs.
(b) Priority.--In selecting projects to carry out the program
established under subsection (a), the Administrator shall give priority
to a project that meets one or more of the following:
(1) Monitors emerging pollution problems that pose a
potentially high level of risk to human health in the judgment
of the Administrator or studies methods of remediating such
problems in the Lower Colorado River. Projects can address
emerging pollution problems in the Upper Colorado River that
might reasonably be expected to pose a threat to the Lower
Colorado River.
(2) Monitors contamination by or studies methods of
remediating contamination by pharmaceutical and personal care
products and endocrine disrupting compounds in the Lower
Colorado River, the effects of these compounds on the ecosystem
of the Lower Colorado River, and the risk to human health due
the presence of these contaminants in the Lower Colorado River.
(3) Evaluates the effect of, or studies methods of
preventing, reducing, or eliminating, nonpoint source
pollution, including increased sedimentation, due to enhanced
stormwater run-off created by human disturbance of the natural
landscape, including from agricultural activities, mining
activities, construction activities, and man-made impermeable
surfaces.
(4) Monitors the distribution of, or studies means of
reducing or eliminating, quagga mussels in the Lower Colorado
River or any other organism or pollutant that threatens
infrastructure in and along the Lower Colorado River.
(5) Uses an innovative approach, technique, or technology
that may provide greater environmental benefits or equivalent
environmental benefits at a reduced cost.
SEC. 104. LOWER COLORADO RIVER POLLUTION ELIMINATION AND ECOSYSTEM
RESTORATION PLAN.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, the Management Conference shall publish the Lower Colorado
River Pollution Elimination and Ecosystem Restoration Plan, which shall
be a comprehensive pollution prevention, reduction, elimination, and
ecosystem restoration plan for the Lower Colorado River.
(b) Contents.--The Plan shall--
(1) identify corrective actions and compliance schedules
addressing point and nonpoint sources of nitrate pollution and
other pollution necessary to maintain the chemical, physical,
and biological integrity of water quality;
(2) incorporate environmental management concepts and
programs established in State and Federal plans and programs in
effect at the time of the development of the Plan;
(3) clarify the duties of Federal and State agencies in
pollution prevention and control activities;
(4) describe the methods and schedules for funding of
programs, activities, and projects identified in the Plan,
including the use of Federal funds and other sources of funds;
(5) include a strategy for pollution prevention and
management practices to reduce the amount of pollution
generated in the Lower Colorado River Basin and maintain the
ecosystem health of the Lower Colorado River; and
(6) be reviewed and revised, as necessary, at least once
every 5 years in consultation with the Administrator and other
appropriate Federal agencies.
(c) Public Review.--
(1) In general.--The Administrator, in cooperation with the
Management Conference, shall provide for public review and
comment on the draft Plan.
(2) Public meetings.--At a minimum, the Management
Conference shall conduct 1 public meeting in each of Arizona,
California, and Nevada to hear comments on the draft Plan.
(d) Approval or Disapproval of the Plan.--
(1) Deadline.--
(A) In general.--Not later than 120 days after the
publication of the Plan, the Administrator shall either
approve or disapprove the Plan.
(B) Portion.--The Administrator may approve a
portion of the Plan under this paragraph.
(C) Considered approved.--If the Administrator does
not disapprove the Plan or a portion thereof within the
120-day period, the Plan or portion thereof shall be
considered approved for the purposes of this
subsection.
(2) Procedure for disapproval.--If, after notice and
opportunity for public comment and consultation with the
appropriate Federal and State agencies and other interested
persons, the Administrator determines that--
(A) the Plan or any portion thereof does not meet
the requirements of subsection (b) or is not likely to
satisfy, in whole or in part, the goals and
requirements of this Act;
(B) adequate authority does not exist or adequate
resources are not available to implement the Plan or
portion thereof;
(C) the schedule for implementing the Plan or
portion thereof is not sufficiently expeditious; or
(D) the practices and measures proposed in the Plan
or portion thereof are not adequate to prevent, reduce,
or eliminate pollution in the Lower Colorado River or
restore the ecosystem of the Lower Colorado River in
whole or in part;
then Administrator shall within 120 days of the publication of
the Plan notify the Management Conference of any revisions or
modifications necessary to obtain approval. The Management
Conference shall have an additional 90 days to submit its
revised Plan, and the Administrator shall approve or disapprove
such revised Plan within 90 days after receipt.
(e) Grant Assistance for Support of Plan Development.--
(1) In general.--The Administrator may, in consultation
with the Management Conference, make grants to State,
interstate, and regional water pollution control agencies,
federally recognized Indian tribes, local governments, and
public or nonprofit agencies, institutions, and organizations
for assisting with research, surveys, studies, modeling, and
technical and supporting work necessary for the development of
the Plan.
(2) Restriction.--Only proposals whose work product can
reasonably be expected to contribute directly to the
development of the Plan may be funded under this section.
(3) Cost-sharing.--The amount of grants made under this
section for a fiscal year shall not exceed 65 percent of the
costs of such research, survey, study, modeling, and technical
and supporting work and shall be made available on the
condition that the non-Federal share of the costs of such
research, survey, study, modeling, and technical and supporting
work may include the value of in-kind services contributed at
any time after January 1, 2004, by a non-Federal sponsor.
(4) Administration.--The Administrator may establish such
requirements for the administration of grants as the
Administrator determines appropriate.
SEC. 105. REPORT ON THE PLAN TO CONGRESS.
Within 60 days after approval of the Plan, the Administrator shall
submit to Congress a copy of the Plan and a comprehensive report that
describes the activities of the Management Conference and the cost of
the development and approval of the Plan.
TITLE II--PLAN IMPLEMENTATION
SEC. 201. MANAGEMENT.
(a) Coordination.--After approval of the Plan, the Director of the
Program shall--
(1) in cooperation with CRRSCo and the appropriate Federal,
State, local, and tribal agencies, develop and carry out
qualified projects to implement the Plan;
(2) track schedules, finances, and performance of the
implementation of the Plan;
(3) provide multiagency oversight and coordination of Lower
Colorado River protection activities to ensure balance and
integration in the implementation of the Plan;
(4) coordinate actions of the Program with the actions of
other Federal agencies, State agencies, tribal agencies, and
local governments to ensure the input of those agencies and
governments in developing and implementing water quality
strategies and to obtain the support of such agencies and
governments in achieving the objectives of the Plan;
(5) develop interagency cross-cut budgets and a
comprehensive finance plan to allocate costs; and
(6) develop annual reports.
(b) Public Participation.--In implementing the Plan, the Director
of the Program shall coordinate with Federal, State, and tribal
agencies, local governments, and the public to seek input on program
elements such as planning, design, technical assistance, and
development of peer review science programs.
(c) Science.--In implementing the Plan, the Director of the Program
shall seek to ensure, to the maximum extent practicable, that all major
aspects of implementing the Plan are subjected to credible and
objective scientific review and that major decisions are based upon the
best available scientific information.
SEC. 202. QUALIFIED PROJECTS.
(a) Authority.--The Administrator, acting through the Director of
the Program, may carry out qualified projects in accordance with
priorities set by the Administrator in accordance with this Act.
(b) Priority.--In selecting qualified projects to carry out under
this Act, the Administrator shall give priority to a qualified project
that--
(1) addresses pollution problems that pose a potentially
high level of risk to human health in the judgment of the
Administrator;
(2) has been identified in the Plan and is ready to be
implemented; or
(3) will use an innovative approach, technology, or
technique that may provide greater environmental benefit or
equivalent environmental benefit at reduced cost.
(c) Limitation.--The Administrator may not carry out a project
under this section if--
(1) an evaluation of alternatives for the area of concern
has not been conducted, including a review of the short-term
and long-term effects of the alternatives on human health and
the environment; or
(2) the Administrator determines that the area of concern
is likely to suffer increased contamination from existing
sources of pollutants following the completion of the project.
(d) Non-Federal Cost Share.--
(1) Non-federal cost share.--The non-Federal share of the
cost of a qualified project carried out under this section
shall be not less than 45 percent.
(2) Ability to pay.--Notwithstanding paragraph (1), the
Administrator may reduce the non-Federal share of the cost of a
qualified project carried out under this section to not less
than 35 percent based on a determination by the Administrator
that a non-Federal interest is unable to pay. The determination
of inability to pay shall not affect the requirements of
paragraph (4). In making such a determination, the
Administrator--
(A) shall consider--
(i) per capita income data for the
appropriate political division or divisions in
which the project is to be located; and
(ii) the per capita non-Federal cost of
construction of the project for the appropriate
political division or divisions in which the
project is to be located; and
(B) may consider additional criteria relating to
the non-Federal interest's financial ability to carry
out its cost-sharing responsibilities, to the extent
that the application of such criteria does not
eliminate areas from eligibility for a reduction in the
non-Federal share.
(3) In-kind contributions.--The non-Federal share of the
cost of a qualified project carried out under this section may
include the value of in-kind services contributed at any time
after January 1, 2001, by a non-Federal sponsor, including any
in-kind service performed under an administrative order on
consent or judicial consent decree, but not including any in-
kind services performed under a unilateral administrative order
or court order.
(4) Operation and maintenance.--
(A) In general.--The non-Federal share of the cost
of the operation and maintenance of a qualified project
carried out under this section shall be 100 percent.
(B) Agreements.--The Administrator may require the
appropriate non-Federal interests to enter into such
agreements as the Administrator deems necessary to
ensure the proper operation and maintenance of any
qualified project, and the Administrator may not carry
out any qualified project for which the appropriate
non-Federal interests have not demonstrated to the
satisfaction of the Administrator that they possess the
resources for proper operation and maintenance of the
qualified project.
(e) Maintenance of Effort.--The Administrator may not carry out a
qualified project under this section unless the non-Federal sponsor
enters into such agreements with the Administrator as the Administrator
may require to ensure that the non-Federal sponsor will maintain its
aggregate expenditures from all other sources for programs that will
help achieve the goals of this Act in the area of concern in which the
qualified project is located at or above the average level of such
expenditures in its 2 fiscal years preceding the date on which the
project is initiated.
(f) Coordination.--In carrying out a qualified project under this
section, the Administrator shall coordinate with the Secretary of the
Interior, the Secretary of the Army, and with the Governors of States
in which projects are located to ensure that Federal and State
assistance for the prevention, reduction, and elimination of pollution
in areas of concern is used as efficiently as possible.
SEC. 203. ENCOURAGING INVOLVEMENT OF OTHER PROGRAMS.
(a) Maximizing Program Benefits.--In order to maximize the amount
of pollution prevention, elimination, and ecosystem restoration in the
Lower Colorado River Basin, the Administrator is directed, through the
Program, to develop a list of pre-existing Federal programs that are
authorized to conduct projects that fit the requirements to be
considered qualified projects under this Act and to work with the
agencies, departments, and offices responsible for such Federal
programs to avoid committing resources authorized under this Act to
projects if other programs will implement them.
(b) Title XVI Eligibility.--The Reclamation Wastewater and
Groundwater Study and Facilities Act (43 U.S.C. 390h et seq.; Public
Law 102-575) is amended by adding at the end the following:
``SEC. 1618. LOWER COLORADO RIVER WATER QUALITY PROTECTION PROJECTS.
``(a) In General.--The Secretary, in cooperation with the Colorado
River Regional Sewer Coalition or other regional or local entities,
shall participate in the planning, design, and construction of systems
for the treatment of municipal wastewater.
``(b) Cost Share.--The Federal share of the cost of the project
authorized by this section shall not exceed 25 percent of the total
cost of the project.
``(c) In-Kind Contributions.--The non-Federal share of the cost of
a project carried out under this subsection may include the value of
in-kind services contributed at any time after January 1, 2001, by a
non-Federal sponsor, including any in-kind service performed under an
administrative order on consent or judicial consent decree, but not
including any in-kind services performed under a unilateral
administrative order or court order.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated $20,000,000 to remain available until expended.''.
SEC. 204. PUBLIC INFORMATION PROGRAM.
The Administrator, acting through the Director of the Program and
in coordination with States, federally recognized Indian tribes, local
governments, and other entities, shall carry out a public information
program to provide information relating to the Plan and its
implementation.
SEC. 205. REPORT.
Not later than December 31, 2011, and annually thereafter, the
Administrator shall submit to Congress a comprehensive report that
describes the costs, accomplishments, and outcomes of the activities
carried out in the implementation of the Plan. The report shall include
a list of rejected project proposals with explanations for their
rejection.
SEC. 206. COMPLIANCE WITH STATE AND FEDERAL LAW.
Nothing in this Act preempts the authority of any Federal or State
agency, under any State or Federal law, to prevent, reduce, or
eliminate pollution in the Lower Colorado River or to restore or
maintain the ecosystem health of the Lower Colorado River or the
authority of a Federal agency that is being used or may be used to
apportion, release, and deliver Lower Colorado River water.
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