II 

109TH CONGRESS 

1ST SESSION S. 1202 

To provide environmental assistance to non-Federal interests in the State 

of Colorado. 

IN THE SENATE OF THE UNITED STATES 

JUNE 8, 2005 

Mr. ALLARD introduced the following bill; which was read twice and referred 

to the Committee on Environment and Public Works 

A BILL 

To provide environmental assistance to non-Federal interests 

in the State of Colorado. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Rural Colorado Water 

5 Infrastructure Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 

8 (1) SECRETARY.—The term ‘‘Secretary’’ means 

9 the Secretary of the Army, acting through the Chief 

10 of Engineers. 
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1 (2) STATE.—The term ‘‘State’’ means the State 

2 of Colorado. 

3 SEC. 3. PROGRAM. 

4 (a) ESTABLISHMENT.—The Secretary may establish 

5 a pilot program to provide environmental assistance to 

6 non-Federal interests in the State. 

7 (b) FORM OF ASSISTANCE.—Assistance under this 

8 section may be provided in the form of design and con9 struction assistance for water-related environmental infra10 structure and resource protection and development 

11 projects in the State, including projects for— 

12 (1) wastewater treatment and related facilities; 

13 (2) water supply and related facilities; 

14 (3) water conservation and related facilities; 

15 (4) stormwater retention and remediation; 

16 (5) environmental restoration; and 

17 (6) surface water resource protection and devel18 opment. 

19 (c) PUBLIC OWNERSHIP REQUIREMENT.—The Sec20 retary may provide assistance for a project under this sec21 tion only if the project is publicly owned. 

22 (d) LOCAL COOPERATION AGREEMENT.— 

23 (1) IN GENERAL.—Before providing assistance 

24 under this section, the Secretary shall enter into a 

25 local cooperation agreement with a non-Federal in-
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1 terest to provide for design and construction of the 

2 project to be carried out with the assistance. 

3 (2) REQUIREMENTS.—Each local cooperation 

4 agreement entered into under this subsection shall 

5 provide for the following: 

6 (A) PLAN.—Development by the Secretary, 

7 in consultation and coordination with appro8 priate Federal and State officials, of a facilities 

9 or resource protection and development plan, 

10 including appropriate engineering plans and 

11 specifications. 

12 (B) LEGAL AND INSTITUTIONAL STRUC13 TURES.—Establishment of such legal and insti14 tutional structures as are necessary to ensure 

15 the effective long-term operation of the project 

16 by the non-Federal interest. 

17 (3) COST SHARING.— 

18 (A) IN GENERAL.—The Federal share of 

19 project costs under each local cooperation 

20 agreement entered into under this subsection— 

21 (i) shall be 75 percent; and 

22 (ii) may be in the form of grants or 

23 reimbursements of project costs. 

24 (B) PRE-COOPERATIVE AGREEMENT AC25 TIVITIES.—The Federal share of the cost of ac-
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1 tivities carried out by the Secretary under this 

2 section before the execution of a local coopera3 tive agreement shall be 100 percent. 

4 (C) CREDIT FOR DESIGN WORK.—The non5 Federal interest shall receive credit, not to ex6 ceed 6 percent of the total construction costs of 

7 a project, for the reasonable costs of design 

8 work completed by the non-Federal interest be9 fore entering into a local cooperation agreement 

10 with the Secretary for the project. 

11 (D) CREDIT FOR INTEREST.—In case of a 

12 delay in the funding of the Federal share of the 

13 costs of a project that is the subject of an 

14 agreement under this section, the non-Federal 

15 interest shall receive credit for reasonable inter16 est incurred in providing the Federal share of 

17 the costs of the project. 

18 (E) LAND, EASEMENTS, AND RIGHTS-OF19 WAY CREDIT.—The non-Federal interest shall 

20 receive credit for land, easements, rights-of21 way, and relocations toward the non-Federal 

22 share of project costs (including all reasonable 

23 costs associated with obtaining permits nec24 essary for the construction, operation, and 

25 maintenance of the project on publicly owned or 
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1 controlled land), but not to exceed 25 percent 

2 of total project costs. 

3 (F) OPERATION AND MAINTENANCE.—The 

4 non-Federal share of operation and mainte5 nance costs for projects constructed with assist6 ance provided under this section shall be 100 

7 percent. 

8 (e) APPLICABILITY OF OTHER FEDERAL AND STATE

9 LAWS.—Nothing in this section waives, limits, or other10 wise affects the applicability of any provision of Federal 

11 or State law that would otherwise apply to a project to 

12 be carried out with assistance provided under this section. 

13 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

14 authorized to be appropriated to carry out this section 

15 $50,000,000 for the period beginning with fiscal year 

16 2006, to remain available until expended. 

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