[Congressional Record Volume 151, Number 75 (Wednesday, June 8, 2005)]
[Senate]
[Pages S6234-S6235]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. ALLARD:
  S. 1202. A bill to provide environmental assistance to non-Federal 
interests in the State of Colorado; to the Committee on Environment and 
Public Works.
  Mr. ALLARD. Mr. President, the ability of communities to provide its 
citizens with clean, safe drinking water is one of the most important 
public utility services any municipality can offer. I support many of 
the goals of the Clean Water Act and believe that the United States has 
made great progress in eliminating dangerous substances from drinking 
water. It has helped make our national drinking water infrastructure 
more reliable and more effective. Unfortunately, many of the small, 
financially strapped, rural communities in Colorado cannot meet the 
obligations of the Clean Water Act or the regulations of the 
Environmental Protection Agency because of increasingly onerous 
unfunded Federal drinking water mandates, As a result, communities in 
my home State are faced with two options: increase taxes and utility 
rates to exorbitant levels or end municipal water delivery. Neither 
option is acceptable.
  That is why I am introducing the Rural Colorado Water Infrastructure 
Act, a bill that will allow Colorado to participate in a program known 
as Section 595 of the Water Resources Development Act. My legislation 
authorizes $50 million for design and construction assistance to non-
Federal interests in the most desperate Colorado communities for 
publicly owned water related environmental infrastructure and resource 
protection and development projects.
  The Rural Colorado Water Infrastructure Act will allow local 
communities to enter into cost share agreements with the U.S. Corps of 
Engineers to develop wastewater treatment and related facility water 
supply, conservation and related facilities, storm water retention and 
remediation, environmental restoration, and surface water resources 
protection and development.
  Cities in Colorado like Alamosa, Sterling, and Julesburg that face 
enormous costs to develop new facilities may be able to utilize the 
program and save themselves from economic hardship. The Corps of 
Engineers Section 595 program has been a great ally to many Western 
States, and, under my legislation, Colorado would also be able to 
benefit from this successful public-private partnership.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1202

       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 ``Rural Colorado Water 
     Infrastructure Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of the Army, acting through the Chief of Engineers.
       (2) State.--The term ``State'' means the State of Colorado.

     SEC. 3. PROGRAM.

       (a) Establishment.--The Secretary may establish a pilot 
     program to provide environmental assistance to non-Federal 
     interests in the State.
       (b) Form of Assistance.--Assistance under this section may 
     be provided in the form of design and construction assistance 
     for water-related environmental infrastructure and resource 
     protection and development projects in the State, including 
     projects for--
       (1) wastewater treatment and related facilities;

[[Page S6235]]

       (2) water supply and related facilities;
       (3) water conservation and related facilities;
       (4) stormwater retention and remediation;
       (5) environmental restoration; and
       (6) surface water resource protection and development.
       (c) Public Ownership Requirement.--The Secretary may 
     provide assistance for a project under this section only if 
     the project is publicly owned.
       (d) Local Cooperation Agreement.--
       (1) In general.--Before providing assistance under this 
     section, the Secretary shall enter into a local cooperation 
     agreement with a non-Federal interest to provide for design 
     and construction of the project to be carried out with the 
     assistance.
       (2) Requirements.--Each local cooperation agreement entered 
     into under this subsection shall provide for the following:
       (A) Plan.--Development by the Secretary, III consultation 
     and coordination with appropriate Federal and State 
     officials, of a facilities or resource protection and 
     development plan, including appropriate engineering plans and 
     specifications.
       (B) Legal and institutional structures.--Establishment of 
     such legal and institutional structures as are necessary to 
     ensure the effective long-term operation of the project by 
     the non-Federal interest.
       (3) Cost sharing.--
       (A) In general.--The Federal share of project costs under 
     each local cooperation agreement entered into under this 
     subsection--
       (i) shall be 75 percent; and
       (ii) may be in the form of grants or reimbursements of 
     project costs.
       (B) Pre-cooperative agreement activities.--The Federal 
     share of the cost of activities carried out by the Secretary 
     under this section before the execution of a local coopera- 
     tive agreement shall be 100 percent.
       (C) Credit for design work.--The non- Federal interest 
     shall receive credit, not to exceed 6 percent of the total 
     construction costs of a project, for the reasonable costs of 
     design work completed by the non-Federal interest before 
     entering into a local cooperation agreement with the 
     Secretary for the project.
       (D) Credit for interest.--In case of a delay in the funding 
     of the Federal share of the costs of a project that is the 
     subject of an agreement under this section, the non-Federal 
     interest shall receive credit for reasonable interest 
     incurred in providing the Federal share of the costs of the 
     project.
       (E) Land, easements, and rights-of-way credit. The non-
     Federal interest shall receive credit for land, easements, 
     rights-of-way, and relocations toward the non-Federal share 
     of project costs (including all reasonable costs associated 
     with obtaining permits necessary for the construction, 
     operation, and maintenance of the project on publicly owned 
     or controlled land), but not to exceed 25 percent of total 
     project costs.
       (F) Operation and maintenance.--The non-Federal share of 
     operation and maintenance costs for projects constructed with 
     assistance provided under this section shall be 100 percent.
       (e) Applicability of Other Federal and State Laws.--Nothing 
     in this section waives, limits, or otherwise affects the 
     applicability of any provision of Federal or State law that 
     would otherwise apply to a project to be carried out with 
     assistance provided under this section.
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $50,000,000 for 
     the period beginning with fiscal year 2006, to remain 
     available until expended.
                                 ______