[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.
                                 <all>