1.This Act may be cited as the
Lower Colorado River Protection
Act
.
2.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.
3.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.
4.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.
5.For the purposes of this Act, the following
definitions apply:
(1)The
term Administrator means the Administrator of the Environmental
Protection Agency.
(2)The
term Agency means the Environmental Protection Agency.
(3)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)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 tribesThe 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)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 BasinThe 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)The term Management Conference means the
Lower Colorado River Management Conference established in section 101.
(9)The
term Plan means the Lower Colorado River Pollution Elimination and
Ecosystem Restoration Plan described in section 104;
(10)The
term Program means the Lower Colorado River Protection Program
established in section 102.
(11)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.
<enum>I</enum><header>Plan
Development</header>
<section id="H2FC6C37E655143FA8868D1868404D5A7"><enum>101.</enum><header>Lower Colorado
River Management Conference</header>
<subsection id="H16002C104828418197390EC4A70DEF01"><enum>(a)</enum><header>Establishment</header><text>There
is established a Lower Colorado River Management Conference to develop the
Lower Colorado River Pollution Elimination and Ecosystem Restoration
Plan.</text>
</subsection><subsection id="H5A47ED030C8F4AB096D0EE165E4F31A7"><enum>(b)</enum><header>Membership</header><text>The
members of the Management Conference shall be comprised of the
following:</text>
<paragraph id="H9FF4384A16B140C58FD870D51E0FA36A"><enum>(1)</enum><text>The Governors of
the States of California, Arizona, and Nevada or their designees.</text>
</paragraph><paragraph id="H16A62A6D11E7431384C114B47E409CA8"><enum>(2)</enum><text display-inline="yes-display-inline">1 representative from each of the following
Federal agencies:</text>
<subparagraph id="HCCDF67CB849746A797F8C07F34336FD0"><enum>(A)</enum><text>The Agency.</text>
</subparagraph><subparagraph id="H71F3D9F614C143EEA7A740B3C4F011D2"><enum>(B)</enum><text>The Bureau of
Reclamation.</text>
</subparagraph><subparagraph id="H5C692489EAD3449BB68A1679838A4F2B"><enum>(C)</enum><text display-inline="yes-display-inline">The Western Area Power
Administration.</text>
</subparagraph><subparagraph id="H0C417367C5F543019F55692D62F2BBDF"><enum>(D)</enum><text>The National Park
Service.</text>
</subparagraph><subparagraph id="H2EF01A6EACBC490E8BB6F4AF67DC5100"><enum>(E)</enum><text>The United States
Fish and Wildlife Service.</text>
</subparagraph><subparagraph id="H33D0CA3C94F74897A4DD59219323BC28"><enum>(F)</enum><text>The United States
Geological Survey.</text>
</subparagraph></paragraph><paragraph id="H37B7A059CFEE4FE78CEDEBCB3B1CB037"><enum>(3)</enum><text>The chairperson of
CRRSCo.</text>
</paragraph><paragraph id="HBD07BACE10A4452BBBD24CD32E5308F5"><enum>(4)</enum><text>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.</text>
</paragraph><paragraph id="HAC73D1212F5B4ECBA95D613D35593C2A"><enum>(5)</enum><text>1
person representing any federally recognized Indian tribe that is not
represented on the board of directors of CRRSCo.</text>
</paragraph><paragraph commented="no" id="HFC2C7B60B25D494583970B33C8EA93CB"><enum>(6)</enum><text>Not more than a
total of 18 representatives appointed by the Governors of the States of
California, Arizona, and Nevada, comprised of the following:</text>
<subparagraph commented="no" id="H4A92B1F587694E68815C49C6E2808F77"><enum>(A)</enum><text display-inline="yes-display-inline">1 person representing each of the State
environmental protection agencies of Arizona, California, and Nevada, for a
total of 3 representatives.</text>
</subparagraph><subparagraph commented="no" id="H81017235027347ADA9738B0E5BA464F8"><enum>(B)</enum><text display-inline="yes-display-inline">1 person representing each of the State
water resources agencies of Arizona, California, and Nevada, for a total of 3
representatives.</text>
</subparagraph><subparagraph commented="no" id="H11D986E7AFE04BBCA05544F4581A3AFE"><enum>(C)</enum><text>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.</text>
</subparagraph><subparagraph commented="no" id="H4B12E555672141B2946270BFE99E599A"><enum>(D)</enum><text>2 persons
representing affected industries.</text>
</subparagraph><subparagraph commented="no" id="HB03DC29EAE4141DF9C4599888AB0E392"><enum>(E)</enum><text>2 persons
representing nongovernmental organizations.</text>
</subparagraph><subparagraph commented="no" id="HA6D4CB6C518541C29FDBD2B68D1AB58E"><enum>(F)</enum><text>2 persons
representing the general public.</text>
</subparagraph></paragraph><paragraph id="H00BB379443B346D7B3D556E181137483"><enum>(7)</enum><text>1
person representing the Colorado River Energy Distributors Association.</text>
</paragraph><paragraph id="H016121668D3E460B887CC4BBF9F8A8E0"><enum>(8)</enum><text>1
person representing the Colorado River Commission of Nevada.</text>
</paragraph><paragraph id="HF65F9D31434547979E64F3C43AB1661B"><enum>(9)</enum><text>1
person representing the Colorado River Water Users Association.</text>
</paragraph></subsection><subsection id="H54D17B9E96EB40FF853B0FA9DAB1FF49"><enum>(c)</enum><header>Technical
advisory committee</header><text>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.</text>
</subsection></section><section id="HD85E66E7297949D083159202C1D1EC2E"><enum>102.</enum><header>Lower Colorado
River protection program</header>
<subsection id="H391BACEF49484C3689BC9F1864FA2317"><enum>(a)</enum><header>Establishment</header><text display-inline="yes-display-inline">The Lower Colorado River Protection Program
is hereby established within the Agency Region 9 office.</text>
</subsection><subsection id="H55201F354F994EE4A25346CF311236E9"><enum>(b)</enum><header>Director;
staff</header><text>The Program shall be headed by a Director and shall be
staffed by not less than 2 persons in addition to the Director.</text>
</subsection><subsection id="H7F863D89A09E4F9EB9672163001A6149"><enum>(c)</enum><header>Purpose</header><text>The
Program shall provide staff and support services to the Management Conference
and the Technical Advisory Committee.</text>
</subsection></section><section id="H4D335EB5B7814994A9E07B008C1B5E55"><enum>103.</enum><header>Environmental
and pollution control research program</header>
<subsection id="HA671AB48EEF64581B3252F7450CCE414"><enum>(a)</enum><header>Research
program</header>
<paragraph id="HBC571D2BC6584EEFABA62E590DB69E60"><enum>(1)</enum><header>Establishment</header><text>The
Administrator, acting through the Director of the Program, shall establish a
multidisciplinary environmental research program for the Lower Colorado
River.</text>
</paragraph><paragraph commented="no" id="H0AA92D6EDD34427985844C4EF089B12F"><enum>(2)</enum><header>Grants</header>
<subparagraph commented="no" id="HA67ACA998AE84CCF9B4E99044EE4F2DC"><enum>(A)</enum><header>In
general</header><text>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.</text>
</subparagraph><subparagraph commented="no" id="H8C03170691B4401FA9AD891D9943ABC2"><enum>(B)</enum><header>Limitations</header>
<clause commented="no" id="HA292CEFA0343454A924BF47C6479884C"><enum>(i)</enum><header>Amount for less
than 45 percent cost share</header><text display-inline="yes-display-inline">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.</text>
</clause><clause commented="no" id="H667C0D4C0EC94BFA9F31C261052CE116"><enum>(ii)</enum><header>Other</header><text>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.</text>
</clause><clause commented="no" id="HF3961478D1134F0D96A436D89BC370F9"><enum>(iii)</enum><header>In-kind
contributions</header><text>The value of in-kind contributions may be included
in the calculation of non-Federal contributions to project costs.</text>
</clause></subparagraph></paragraph></subsection><subsection id="H72D3ADABB11C44CEADF880622BBAE923"><enum>(b)</enum><header>Priority</header><text>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:</text>
<paragraph id="H6E197407A4AD4389BDC5769AD7B117CE"><enum>(1)</enum><text>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.</text>
</paragraph><paragraph id="H1366C7E4D7A34114ADFF4A3292E462A0"><enum>(2)</enum><text>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.</text>
</paragraph><paragraph id="H3FD13A32BE4B40D8BA938F932D4663A2"><enum>(3)</enum><text>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.</text>
</paragraph><paragraph id="H4AED5735F432444B928EA60253248F26"><enum>(4)</enum><text>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.</text>
</paragraph><paragraph id="H9B66BEC037774053A2568D09637B75D4"><enum>(5)</enum><text>Uses an innovative
approach, technique, or technology that may provide greater environmental
benefits or equivalent environmental benefits at a reduced cost.</text>
</paragraph></subsection></section><section id="H84A755D040B5454B95373B2A72D94A64"><enum>104.</enum><header>Lower Colorado
River pollution elimination and ecosystem restoration plan</header>
<subsection id="HFCD42592EBE34B58BAEEA3719F99CDE3"><enum>(a)</enum><header>In
general</header><text>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.</text>
</subsection><subsection id="H2A5018B9F81148DEB799E877E4E16602"><enum>(b)</enum><header>Contents</header><text>The
Plan shall—</text>
<paragraph id="H580028F0A764438381C6CD90D997A8AD"><enum>(1)</enum><text>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;</text>
</paragraph><paragraph id="H5751DEBBB5244EBC933722198ED22690"><enum>(2)</enum><text>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;</text>
</paragraph><paragraph id="H1AA9813E6C1B4A1C9EC15963746B88A2"><enum>(3)</enum><text>clarify the duties
of Federal and State agencies in pollution prevention and control activities;</text>
</paragraph><paragraph id="H1CA6F1C4FFFD47468D13ADEDD9946EC3"><enum>(4)</enum><text>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;</text>
</paragraph><paragraph id="H614F02F933B14EACAB92AB1EE4163314"><enum>(5)</enum><text>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</text>
</paragraph><paragraph id="HA0B25F36A1DB4398B6977F121080D758"><enum>(6)</enum><text>be reviewed and
revised, as necessary, at least once every 5 years in consultation with the
Administrator and other appropriate Federal agencies.</text>
</paragraph></subsection><subsection id="H87332550A89F4C1680A387DEA32F847A"><enum>(c)</enum><header>Public
review</header>
<paragraph id="H4FD48D7FC27940F0AB8015EE8F5DF2C9"><enum>(1)</enum><header>In
general</header><text>The Administrator, in cooperation with the Management
Conference, shall provide for public review and comment on the draft
Plan.</text>
</paragraph><paragraph id="H946CCFBF067F4FC58FC0119F14902F52"><enum>(2)</enum><header>Public
meetings</header><text>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.</text>
</paragraph></subsection><subsection id="H3424DEA78E4044E89B00FF3D4378EF81"><enum>(d)</enum><header>Approval or
disapproval of the plan</header>
<paragraph id="H2AEC61401AF7454D9BF2CA3422CDB140"><enum>(1)</enum><header>Deadline</header>
<subparagraph id="H9C62A09097DF482587293ABAB78E82F4"><enum>(A)</enum><header>In
general</header><text>Not later than 120 days after the publication of the
Plan, the Administrator shall either approve or disapprove the Plan.</text>
</subparagraph><subparagraph id="HE7F62AF3749E48A9BBF49187ADB968B8"><enum>(B)</enum><header>Portion</header><text>The
Administrator may approve a portion of the Plan under this paragraph.</text>
</subparagraph><subparagraph id="HD5632C0CF8504E5D97318463F53D557C"><enum>(C)</enum><header>Considered
approved</header><text>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.</text>
</subparagraph></paragraph><paragraph id="H3E89FDA3DB9C42DFB43631AC0725D4D2"><enum>(2)</enum><header>Procedure for
disapproval</header><text>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—</text>
<subparagraph id="H4EAD7844075142A5992F4126478F9238"><enum>(A)</enum><text>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;</text>
</subparagraph><subparagraph id="H8CBC7474AB9045EF8B8FB5FC873D42CC"><enum>(B)</enum><text>adequate authority
does not exist or adequate resources are not available to implement the Plan or
portion thereof;</text>
</subparagraph><subparagraph id="H534E9ADBBA7A4CF5A81EE99A8EBB4B5B"><enum>(C)</enum><text>the schedule for
implementing the Plan or portion thereof is not sufficiently expeditious;
or</text>
</subparagraph><subparagraph id="H8738C796DD8F4408BC5269DC541A0E8C"><enum>(D)</enum><text>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;</text>
</subparagraph><continuation-text continuation-text-level="paragraph">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.</continuation-text></paragraph></subsection><subsection id="H659CD47AB8FE4131B3E1EB640E360AD7"><enum>(e)</enum><header>Grant assistance
for support of plan development</header>
<paragraph id="HF2D65983EF6241ACB5798C6BDAB06A00"><enum>(1)</enum><header>In
general</header><text>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.</text>
</paragraph><paragraph id="H773E987A460C47CD8E822B4BF5169CF5"><enum>(2)</enum><header>Restriction</header><text>Only
proposals whose work product can reasonably be expected to contribute directly
to the development of the Plan may be funded under this section.</text>
</paragraph><paragraph id="HDBE89CE089F84AE39F5535C7B3B94E99"><enum>(3)</enum><header>Cost-sharing</header><text display-inline="yes-display-inline">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.</text>
</paragraph><paragraph id="H9AD3A41C36814E0BA799EAAD7EC27A6A"><enum>(4)</enum><header>Administration</header><text>The
Administrator may establish such requirements for the administration of grants
as the Administrator determines appropriate.</text>
</paragraph></subsection></section><section id="HFA1C5F6B95234F26BF1625D65DA7D0D0"><enum>105.</enum><header>Report on the
plan to Congress</header><text display-inline="no-display-inline">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.</text>
</section><enum>II</enum><header>Plan
Implementation</header>
<section id="HCED9AF68F57B4D92852128492BA252CE"><enum>201.</enum><header>Management</header>
<subsection id="H94F741A22475402F90D5B44D035B1D7A"><enum>(a)</enum><header>Coordination</header><text>After
approval of the Plan, the Director of the Program shall—</text>
<paragraph id="HE7C5713BD09E426CAB06D744949CE310"><enum>(1)</enum><text>in cooperation
with CRRSCo and the appropriate Federal, State, local, and tribal agencies,
develop and carry out qualified projects to implement the Plan;</text>
</paragraph><paragraph id="H7E63026EDA644D62A84AB0B7B97E6B14"><enum>(2)</enum><text>track schedules,
finances, and performance of the implementation of the Plan;</text>
</paragraph><paragraph id="HD5BE503C1BB844F084382CECE65108F7"><enum>(3)</enum><text>provide
multiagency oversight and coordination of Lower Colorado River protection
activities to ensure balance and integration in the implementation of the
Plan;</text>
</paragraph><paragraph id="H1FD2294A03D446C5866372BE0FD75B84"><enum>(4)</enum><text>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;</text>
</paragraph><paragraph id="H4E75C67370A64232ADA9C39F3561FDAF"><enum>(5)</enum><text>develop
interagency cross-cut budgets and a comprehensive finance plan to allocate
costs; and</text>
</paragraph><paragraph id="H99DEAA4E85FC4512B7316FC27AADF542"><enum>(6)</enum><text>develop annual
reports.</text>
</paragraph></subsection><subsection id="HA2D0BBB76F0A4F25AC5A065909A070E9"><enum>(b)</enum><header>Public
participation</header><text>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.</text>
</subsection><subsection id="H63FFEAAE9E804EBDAD8C49120A349891"><enum>(c)</enum><header>Science</header><text>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.</text>
</subsection></section><section id="HCEC8B403B4CE405796A329072410B0CA"><enum>202.</enum><header>Qualified
projects</header>
<subsection id="H045139B1B9E140B9848992FE2C8758A6"><enum>(a)</enum><header>Authority</header><text>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.</text>
</subsection><subsection id="H0A6FC6D44ADD42A2B07CCCD159088F4E"><enum>(b)</enum><header>Priority</header><text>In
selecting qualified projects to carry out under this Act, the Administrator
shall give priority to a qualified project that—</text>
<paragraph id="H878B19862FD34DF781C400DA6DF2DB59"><enum>(1)</enum><text>addresses
pollution problems that pose a potentially high level of risk to human health
in the judgment of the Administrator;</text>
</paragraph><paragraph id="HB08C467A195C4B8EB2BFD5187C67D382"><enum>(2)</enum><text>has been
identified in the Plan and is ready to be implemented; or</text>
</paragraph><paragraph id="H617B66BD656948BE845211ED560BC46C"><enum>(3)</enum><text>will use an
innovative approach, technology, or technique that may provide greater
environmental benefit or equivalent environmental benefit at reduced
cost.</text>
</paragraph></subsection><subsection id="HB5CC8751105543ADA6DFEFF5EBDC1D2D"><enum>(c)</enum><header>Limitation</header><text>The
Administrator may not carry out a project under this section if—</text>
<paragraph id="HEE74F060F5924878902EFB2B4AC12057"><enum>(1)</enum><text>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</text>
</paragraph><paragraph id="H4DDB36A7F4ED4D9498AA9E9B3D6C1297"><enum>(2)</enum><text>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.</text>
</paragraph></subsection><subsection id="H66215E282F6B40579F371885A4F1BBF7"><enum>(d)</enum><header>Non-Federal cost
share</header>
<paragraph id="HEE63B89032A54D1D87A6C92559FA022A"><enum>(1)</enum><header>Non-federal cost
share</header><text>The non-Federal share of the cost of a qualified project
carried out under this section shall be not less than 45 percent.</text>
</paragraph><paragraph id="H09272EAB4C6142E29655FE18BBEC22AD"><enum>(2)</enum><header>Ability to
pay</header><text>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—</text>
<subparagraph id="H4CB463D1F3BD43F3ABAEF06FB7E85C37"><enum>(A)</enum><text>shall
consider—</text>
<clause id="HA38D320BED404107A8995EE295929852"><enum>(i)</enum><text>per
capita income data for the appropriate political division or divisions in which
the project is to be located; and</text>
</clause><clause id="H034BADAE2F174EA5BFCC3C4C9D51AEE7"><enum>(ii)</enum><text>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</text>
</clause></subparagraph><subparagraph id="H9733092E7A864C928A57A244801544E5"><enum>(B)</enum><text>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.</text>
</subparagraph></paragraph><paragraph id="HA18D3C17A46A476ABFFFA0C690C600C2"><enum>(3)</enum><header>In-kind
contributions</header><text>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.</text>
</paragraph><paragraph id="H40178BDA5D054458A4A53439AC786A47"><enum>(4)</enum><header>Operation and
maintenance</header>
<subparagraph id="HC8CF687163FA4A409ABF5A46D3AB5BE0"><enum>(A)</enum><header>In
general</header><text>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.</text>
</subparagraph><subparagraph id="HCB37B313A8D8463395D56FF131B9819C"><enum>(B)</enum><header>Agreements</header><text>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.</text>
</subparagraph></paragraph></subsection><subsection id="H63B9F0EDA011493DA6A0E99CB465667D"><enum>(e)</enum><header>Maintenance of
effort</header><text>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.</text>
</subsection><subsection id="HAE2479560ACF40AA8EC85A6603B954D7"><enum>(f)</enum><header>Coordination</header><text>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.</text>
</subsection></section><section id="H8EF4DEC7E2364C08AFBC0CA02B964103"><enum>203.</enum><header>Encouraging
involvement of other programs</header>
<subsection id="H68A069CCB212442C8A011E98C45A6115"><enum>(a)</enum><header>Maximizing
program benefits</header><text display-inline="yes-display-inline">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.</text>
</subsection><subsection id="HC83ABD8201624C48AADB80D8D7076AFF"><enum>(b)</enum><header>Title XVI
eligibility</header><text display-inline="yes-display-inline">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:</text>
<quoted-block id="H0C1C3321F54D4FE6BC9D9B7AAC60E70D" style="OLC">
<section id="H37BA202A210749C0AE5FE0E9774BF2E6"><enum>1618.</enum><header>Lower Colorado
River water quality protection projects</header>
<subsection id="H33240D7C26EB4300A0D390B49699F5AE"><enum>(a)</enum><header>In
general</header><text display-inline="yes-display-inline">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.</text>
</subsection><subsection id="HB1FBEBFDB7E247DBAE10BE6ACCD0F2E8"><enum>(b)</enum><header>Cost
share</header><text>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.</text>
</subsection><subsection id="HDE58BD1AAD4544009916AC317126FBDC"><enum>(c)</enum><header>In-Kind
contributions</header><text>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.</text>
</subsection><subsection id="H0F2E1F41DD534D399B99F733389EC76B"><enum>(d)</enum><header>Authorization of
appropriations</header><text>There is authorized to be appropriated $20,000,000
to remain available until
expended.</text>
</subsection></section><after-quoted-block>.</after-quoted-block></quoted-block>
</subsection></section><section id="H52CF82D5F0DF4216B2F2742C6D7E8A8A"><enum>204.</enum><header>Public
information program</header><text display-inline="no-display-inline">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.</text>
</section><section id="H8902810BC6FD4B4FB5FEF42DA211CAE2"><enum>205.</enum><header>Report</header><text display-inline="no-display-inline">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.</text>
</section><section id="H0099B77A2D03442B96728088E6CF98C2"><enum>206.</enum><header>Compliance with
State and Federal law</header><text display-inline="no-display-inline">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.</text>
</section>