I 

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. 

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 ‘‘Lower Colorado River 

5 Protection Act’’. 


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1 SEC. 2. TABLE OF CONTENTS. 

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 SEC. 3. FINDINGS. 

4 The Congress finds the following: 

5 (1) Safe supplies of water are fundamental to 

6 the health, economy, security, and ecology of the 

7 United States. 

8 (2) Research, development, and implementation 

9 of means and methods to protect the quality of the 

10 water resources of the United States will help ensure 

11 the continued existence of safe water to support— 

12 (A) increasing populations; 

13 (B) economic growth; 

14 (C) irrigated agriculture and a safe food 

15 supply; and 


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1 (D) the protection of aquatic ecosystems. 

2 (3) The Colorado River is a multifaceted re3 source of the United States because— 

4 (A) the Colorado River is a natural won5 der, a national treasure, and the lifeblood of the 

6 Southwest as it provides drinking water for 

7 more than 25,000,000 people and irrigates 

8 1,800,000 acres of land, watering 15 percent of 

9 United States crops and over 80 percent of win10 ter vegetables consumed in the United States; 

11 (B) the Colorado River is a major water 

12 recreation destination for boaters, fishermen, 

13 skiers, swimmers, hikers, and others with the 

14 Grand Canyon receiving approximately 

15 4,500,000 visitors per year, the Glen Canyon 

16 National Recreation Area receiving approxi17 mately 2,000,000 visitors per year, and Lake 

18 Mead National Recreation Area receiving ap19 proximately 8,000,000 visitors per year; and 

20 (C) the Colorado River and its tributaries 

21 form a unique habitat that supports many rare 

22 and unusual species, including 36 native fish 

23 species (not including 2 that have already gone 

24 extinct), of which 25 species are found only in 

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1 cies are classified as endangered, 4 species are 

2 classified as threatened, and 5 species are clas3 sified as sensitive. 

4 (4) The Colorado River is endangered be5 cause— 

6 (A) the habitat along the Colorado River 

7 has been altered by dams, diversions, habitat 

8 loss and degradation, chemical pollution, and 

9 nonnative plant and animal species (including 

10 62 nonnative species of fish), such that it is no 

11 longer the warm, silt-laden, sometimes turbu12 lent, and ecologically balanced home to which 

13 native species are adapted, which has reduced 

14 the populations and ranges of many native spe15 cies; 

16 (B) male fish in Las Vegas Bay of Lake 

17 Mead have relatively high levels of endocrine 

18 disrupting compounds (EDCs), low levels of sex 

19 hormones, and shrunken testes associated with 

20 exposure to EDCs in effluent discharged into 

21 Las Vegas Wash and making its way into the 

22 lake, and this effluent will soon be directly dis23 charged into Lake Mead instead of Las Vegas 

24 Wash; 


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1 (C) the dangers of increasing levels of 

2 EDCs are exemplified by the condition of the 

3 San Francisco Bay Estuary, the source of 

4 drinking water for 25,000,000 Californians, 

5 where fish populations are crashing and young 

6 fish are born with brain, liver, and other de7 formities associated with high levels of environ8 mental exposure to EDCs, which are making 

9 their way into people as evidenced by levels of 

10 the fire retardant polybrominated diphenyl 

11 ether reaching up to 100 times normal con12 centrations in the breast milk of Bay Area 

13 women; 

14 (D) nitrate pollution from degrading septic 

15 tanks presents a current and continuing threat 

16 to the health of the Lower Colorado River and 

17 the ecosystems and the health of the people 

18 that depend on it; 

19 (E) nitrate pollution also threatens the 

20 beneficial use of recreation along the Lower 

21 Colorado River because excess nitrates cause 

22 algal blooms, which die and decompose, 

23 deoxygenating the water and killing large num24 bers of fish; 


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1 (F) run-off and return flows from agricul2 tural lands into the Lower Colorado River and 

3 adjacent aquifers and waterways are rich in ni4 trates and sediment and high in salinity; 

5 (G) a number of chemicals in addition to 

6 nitrates are current or emerging threats to the 

7 Lower Colorado River, including uranium and 

8 other uranium mining by-products, selenium, 

9 hexavalent chromium, perchlorate, mercury, 

10 EDCs, pharmaceuticals, and personal care 

11 products; 

12 (H) known chemical and radioactive 

13 threats to the river include a 100-foot high, 130 

14 acre, 10.5 million ton pile of uranium mill 

15 tailings located 750 feet from the river near 

16 Moab, Utah, and being remediated by the De17 partment of Energy; 

18 (I) thousands of new mining claims, mostly 

19 for uranium, on Federal lands adjacent to the 

20 Grand Canyon are an emerging threat to the 

21 Colorado River; 

22 (J) known chemical threats to the river in23 clude 2 plumes of perchlorate rocket fuel near 

24 Henderson, Nevada, now being voluntarily re25 mediated by the land owners, but previously 


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1 making its way into lettuce grown over 200 

2 miles away near Yuma, Arizona; 

3 (K) known chemical threats to the river in4 clude 2 plumes of hexavalent chromium near 

5 Topock, California, and Lake Havasu City, Ari6 zona, being voluntarily remediated by the land 

7 owners; 

8 (L) quagga mussels, tamarisk, and other 

9 invasive species are disrupting ecosystems and 

10 threatening infrastructure and water quality in 

11 the Lower Colorado River; and 

12 (M) other types of contaminants and 

13 sources of pollution are a present danger to the 

14 Lower Colorado River, including pathogens, 

15 stormwater run-off, and salinity. 

16 (5) Demands on and needs of the Colorado 

17 River that are increasing stresses on the ecosystems 

18 and water resources of the Lower Colorado River are 

19 increasing because— 

20 (A) the population of California is pro21 jected to increase from 39,000,000 in 2010 to 

22 almost 60,000,000 in 2050, and the population 

23 of Arizona is projected to increase from 

24 7,000,000 in 2010 to almost 13,000,000 in 

25 2050; 


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1 (B) population along the Lower Colorado 

2 River is expected to grow from its current 

3 290,000 to 480,000 by 2025; 

4 (C) more than $2 billion is needed by 2025 

5 to build the wastewater treatment plants nec6 essary to ameliorate the danger to the Lower 

7 Colorado River from septic tanks; and 

8 (D) according to the most recent Intergov9 ernmental Panel on Climate Change report, the 

10 average annual temperature will increase by 

11 over 6 degrees Fahrenheit and annual run-off 

12 will decrease by 20 percent or more over much 

13 of the Lower Colorado River Basin by the end 

14 of the century. 

15 SEC. 4. DECLARATION OF GOALS. 

16 The goals of this Act are as follows: 

17 (1) To restore and maintain the ecosystems and 

18 the chemical, biological, and physical integrity of the 

19 waters of the Lower Colorado River to attain water 

20 quality that— 

21 (A) provides for the protection and propa22 gation of plants, fish, shellfish, wildlife, and a 

23 balanced population of natural, safe microorga24 nisms; 


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1 (B) provides for recreation in and on the 

2 water; and 

3 (C) protects the health of the millions of 

4 citizens of the United States who drink the 

5 water of the Lower Colorado River and eat the 

6 produce grown with water withdrawn from the 

7 Lower Colorado River. 

8 (2) To reduce the discharge of toxic pollutants 

9 into the Lower Colorado River to below toxic 

10 amounts and to remediate existing sources of toxic 

11 pollutants. 

12 (3) To develop and implement programs in an 

13 expeditious manner for the control of nonpoint 

14 sources of pollution to enable the goals of this Act 

15 to be met through the control of both point and 

16 nonpoint sources of pollution. 

17 (4) To complete research and development 

18 based on science and engineering to enable the goals 

19 of this Act to be met. 

20 (5) To empower the Environmental Protection 

21 Agency to take the lead in the effort to meet these 

22 goals, working with other Federal agencies and 

23 State and local authorities. 


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1 SEC. 5. DEFINITIONS. 

2 For the purposes of this Act, the following definitions 

3 apply: 

4 (1) ADMINISTRATOR.—The term ‘‘Adminis5 trator’’ means the Administrator of the Environ6 mental Protection Agency. 

7 (2) AGENCY.—The term ‘‘Agency’’ means the 

8 Environmental Protection Agency. 

9 (3) CRRSCO.—The term ‘‘CRRSCo’’ means 

10 the Colorado River Regional Sewer Coalition, an Ari11 zona nonprofit corporation whose members are cit12 ies, towns, counties, Indian tribes, and political sub13 divisions in the Lower Colorado River Basin which 

14 have the financial and management responsibilities 

15 for the provision of wastewater services within their 

16 jurisdictions. 

17 (4) FEDERAL AGENCIES.—The term ‘‘Federal 

18 agencies’’ includes the Environmental Protection 

19 Agency, the Department of the Interior (including 

20 the Bureau of Reclamation, the United States Fish 

21 and Wildlife Service, the Bureau of Land Manage22 ment, the National Park Service, and the United 

23 States Geological Survey), the Army Corps of Engi24 neers, the Department of Commerce (including the 

25 National Marine Fisheries Service), the Department 

26 of Agriculture (including the Natural Resources 


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1 Conservation Service and the Forest Service), and 

2 the Western Area Power Administration. 

3 (5) FEDERALLY RECOGNIZED INDIAN

4 TRIBES.—The term ‘‘federally recognized Indian 

5 tribes’’ means— 

6 (A) the Colorado River Indian Tribes of 

7 the Colorado River Indian Reservation, Arizona 

8 and California; 

9 (B) the Chemehuevi Indian Tribe of the 

10 Chemehuevi Reservation, California; 

11 (C) the Fort Mohave Indian Tribe of Ari12 zona, California, and Nevada; 

13 (D) the Quechan Tribe of the Fort Yuma 

14 Indian Reservation; and 

15 (E) the Cocopah Tribe of Arizona. 

16 (6) LOWER COLORADO RIVER.—The term 

17 ‘‘Lower Colorado River’’ means that portion of the 

18 Colorado River downstream from Lees Ferry, as de19 fined in the Colorado River Compact of 1922, and 

20 within the United States. 

21 (7) LOWER COLORADO RIVER BASIN.—The 

22 term ‘‘Lower Colorado River Basin’’ means the geo23 graphic areas in the States of Arizona, California, 

24 and Nevada that are hydrologically connected to the 

25 mainstem of the Lower Colorado River. 


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1 (8) MANAGEMENT CONFERENCE.—The term 

2 ‘‘Management Conference’’ means the Lower Colo3 rado River Management Conference established in 

4 section 101. 

5 (9) PLAN.—The term ‘‘Plan’’ means the Lower 

6 Colorado River Pollution Elimination and Ecosystem 

7 Restoration Plan described in section 104; 

8 (10) PROGRAM.—The term ‘‘Program’’ means 

9 the Lower Colorado River Protection Program estab10 lished in section 102. 

11 (11) QUALIFIED PROJECT.—The term ‘‘quali12 fied project’’ means a project to be carried out in 

13 the Lower Colorado River Basin that— 

14 (A) monitors or evaluates the release or 

15 discharge of pollutants in the Lower Colorado 

16 River Basin; or 

17 (B) prevents, reduces, or eliminates pollu18 tion in the Lower Colorado River or restores or 

19 maintains the ecosystem health of the Lower 

20 Colorado River in accordance with the Plan; 

21 and 

22 (C) does not include the purchase of water 

23 for the purpose of flow regulation in the Lower 

24 Colorado River or its tributaries. 


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1 TITLE I—PLAN DEVELOPMENT 

2 SEC. 101. LOWER COLORADO RIVER MANAGEMENT CON3 FERENCE. 

4 (a) ESTABLISHMENT.—There is established a Lower 

5 Colorado River Management Conference to develop the 

6 Lower Colorado River Pollution Elimination and Eco7 system Restoration Plan. 

8 (b) MEMBERSHIP.—The members of the Manage9 ment Conference shall be comprised of the following: 

10 (1) The Governors of the States of California, 

11 Arizona, and Nevada or their designees. 

12 (2) 1 representative from each of the following 

13 Federal agencies: 

14 (A) The Agency. 

15 (B) The Bureau of Reclamation. 

16 (C) The Western Area Power Administra17 tion. 

18 (D) The National Park Service. 

19 (E) The United States Fish and Wildlife 

20 Service. 

21 (F) The United States Geological Survey. 

22 (3) The chairperson of CRRSCo. 

23 (4) 5 members of the board of directors of 

24 CRRSCo that represent local governments, federally 

25 recognized Indian tribes, and sewer districts within 


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1 the Lower Colorado River Basin, chosen by the 

2 board of directors of the CRRSCo. 

3 (5) 1 person representing any federally recog4 nized Indian tribe that is not represented on the 

5 board of directors of CRRSCo. 

6 (6) Not more than a total of 18 representatives 

7 appointed by the Governors of the States of Cali8 fornia, Arizona, and Nevada, comprised of the fol9 lowing: 

10 (A) 1 person representing each of the 

11 State environmental protection agencies of Ari12 zona, California, and Nevada, for a total of 3 

13 representatives. 

14 (B) 1 person representing each of the 

15 State water resources agencies of Arizona, Cali16 fornia, and Nevada, for a total of 3 representa17 tives. 

18 (C) Not more than 6 representatives of 

19 local governments having jurisdiction over any 

20 land or water within the Lower Colorado River 

21 Basin and that are not represented on the 

22 board of directors of CRRSCo. 

23 (D) 2 persons representing affected indus24 tries. 


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1 (E) 2 persons representing nongovern2 mental organizations. 

3 (F) 2 persons representing the general 

4 public. 

5 (7) 1 person representing the Colorado River 

6 Energy Distributors Association. 

7 (8) 1 person representing the Colorado River 

8 Commission of Nevada. 

9 (9) 1 person representing the Colorado River 

10 Water Users Association. 

11 (c) TECHNICAL ADVISORY COMMITTEE.—Not later 

12 than 120 days after the date of enactment of this Act, 

13 the Management Conference shall appoint a Technical Ad14 visory Committee consisting of officials of Federal agen15 cies, the State governments of Arizona, California, and 

16 Nevada, the governments of political subdivisions of such 

17 States, and private research institutions to ensure the 

18 input of the technical expertise of those agencies and au19 thorities in developing and implementing the Plan. 

20 SEC. 102. LOWER COLORADO RIVER PROTECTION PRO21 GRAM. 

22 (a) ESTABLISHMENT.—The Lower Colorado River 

23 Protection Program is hereby established within the Agen24 cy Region 9 office. 


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1 (b) DIRECTOR; STAFF.—The Program shall be head2 ed by a Director and shall be staffed by not less than 2 

3 persons in addition to the Director. 

4 (c) PURPOSE.—The Program shall provide staff and 

5 support services to the Management Conference and the 

6 Technical Advisory Committee. 

7 SEC. 103. ENVIRONMENTAL AND POLLUTION CONTROL RE8 SEARCH PROGRAM. 

9 (a) RESEARCH PROGRAM.— 

10 (1) ESTABLISHMENT.—The Administrator, act11 ing through the Director of the Program, shall es12 tablish a multidisciplinary environmental research 

13 program for the Lower Colorado River. 

14 (2) GRANTS.— 

15 (A) IN GENERAL.—For the purposes of 

16 carrying out this subsection, the Administrator 

17 may make grants to State water pollution con18 trol agencies, other public or nonprofit agencies, 

19 institutions, organizations, and individuals to 

20 conduct environmental and pollution control 

21 projects in the Lower Colorado River Basin. 

22 (B) LIMITATIONS.— 

23 (i) AMOUNT FOR LESS THAN 45 PER24 CENT COST SHARE.—The amount of any 

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1 tribution to the total project cost is less 

2 than 45 percent may not exceed $50,000 

3 per year. 

4 (ii) OTHER.—The amount of any such 

5 grant for which the non-Federal contribu6 tion to the total project cost is 45 percent 

7 or more may not exceed $100,000 per 

8 year. 

9 (iii) IN-KIND CONTRIBUTIONS.—The 

10 value of in-kind contributions may be in11 cluded in the calculation of non-Federal 

12 contributions to project costs. 

13 (b) PRIORITY.—In selecting projects to carry out the 

14 program established under subsection (a), the Adminis15 trator shall give priority to a project that meets one or 

16 more of the following: 

17 (1) Monitors emerging pollution problems that 

18 pose a potentially high level of risk to human health 

19 in the judgment of the Administrator or studies 

20 methods of remediating such problems in the Lower 

21 Colorado River. Projects can address emerging pol22 lution problems in the Upper Colorado River that 

23 might reasonably be expected to pose a threat to the 

24 Lower Colorado River. 


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1 (2) Monitors contamination by or studies meth2 ods of remediating contamination by pharmaceutical 

3 and personal care products and endocrine disrupting 

4 compounds in the Lower Colorado River, the effects 

5 of these compounds on the ecosystem of the Lower 

6 Colorado River, and the risk to human health due 

7 the presence of these contaminants in the Lower 

8 Colorado River. 

9 (3) Evaluates the effect of, or studies methods 

10 of preventing, reducing, or eliminating, nonpoint 

11 source pollution, including increased sedimentation, 

12 due to enhanced stormwater run-off created by 

13 human disturbance of the natural landscape, includ14 ing from agricultural activities, mining activities, 

15 construction activities, and man-made impermeable 

16 surfaces. 

17 (4) Monitors the distribution of, or studies 

18 means of reducing or eliminating, quagga mussels in 

19 the Lower Colorado River or any other organism or 

20 pollutant that threatens infrastructure in and along 

21 the Lower Colorado River. 

22 (5) Uses an innovative approach, technique, or 

23 technology that may provide greater environmental 

24 benefits or equivalent environmental benefits at a re25 duced cost. 


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1 SEC. 104. LOWER COLORADO RIVER POLLUTION ELIMI2 NATION AND ECOSYSTEM RESTORATION 

3 PLAN. 

4 (a) IN GENERAL.—Not later than 2 years after the 

5 date of enactment of this Act, the Management Con6 ference shall publish the Lower Colorado River Pollution 

7 Elimination and Ecosystem Restoration Plan, which shall 

8 be a comprehensive pollution prevention, reduction, elimi9 nation, and ecosystem restoration plan for the Lower Colo10 rado River. 

11 (b) CONTENTS.—The Plan shall— 

12 (1) identify corrective actions and compliance 

13 schedules addressing point and nonpoint sources of 

14 nitrate pollution and other pollution necessary to 

15 maintain the chemical, physical, and biological integ16 rity of water quality; 

17 (2) incorporate environmental management con18 cepts and programs established in State and Federal 

19 plans and programs in effect at the time of the de20 velopment of the Plan; 

21 (3) clarify the duties of Federal and State 

22 agencies in pollution prevention and control activi23 ties; 

24 (4) describe the methods and schedules for 

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1 fied in the Plan, including the use of Federal funds 

2 and other sources of funds; 

3 (5) include a strategy for pollution prevention 

4 and management practices to reduce the amount of 

5 pollution generated in the Lower Colorado River 

6 Basin and maintain the ecosystem health of the 

7 Lower Colorado River; and 

8 (6) be reviewed and revised, as necessary, at 

9 least once every 5 years in consultation with the Ad10 ministrator and other appropriate Federal agencies. 

11 (c) PUBLIC REVIEW.— 

12 (1) IN GENERAL.—The Administrator, in co13 operation with the Management Conference, shall 

14 provide for public review and comment on the draft 

15 Plan. 

16 (2) PUBLIC MEETINGS.—At a minimum, the 

17 Management Conference shall conduct 1 public 

18 meeting in each of Arizona, California, and Nevada 

19 to hear comments on the draft Plan. 

20 (d) APPROVAL OR DISAPPROVAL OF THE PLAN.— 

21 (1) DEADLINE.— 

22 (A) IN GENERAL.—Not later than 120 

23 days after the publication of the Plan, the Ad24 ministrator shall either approve or disapprove 

25 the Plan. 


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1 (B) PORTION.—The Administrator may 

2 approve a portion of the Plan under this para3 graph. 

4 (C) CONSIDERED APPROVED.—If the Ad5 ministrator does not disapprove the Plan or a 

6 portion thereof within the 120-day period, the 

7 Plan or portion thereof shall be considered ap8 proved for the purposes of this subsection. 

9 (2) PROCEDURE FOR DISAPPROVAL.—If, after 

10 notice and opportunity for public comment and con11 sultation with the appropriate Federal and State 

12 agencies and other interested persons, the Adminis13 trator determines that— 

14 (A) the Plan or any portion thereof does 

15 not meet the requirements of subsection (b) or 

16 is not likely to satisfy, in whole or in part, the 

17 goals and requirements of this Act; 

18 (B) adequate authority does not exist or 

19 adequate resources are not available to imple20 ment the Plan or portion thereof; 

21 (C) the schedule for implementing the Plan 

22 or portion thereof is not sufficiently expeditious; 

23 or 

24 (D) the practices and measures proposed 

25 in the Plan or portion thereof are not adequate 


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1 to prevent, reduce, or eliminate pollution in the 

2 Lower Colorado River or restore the ecosystem 

3 of the Lower Colorado River in whole or in 

4 part; 

5 then Administrator shall within 120 days of the pub6 lication of the Plan notify the Management Con7 ference of any revisions or modifications necessary 

8 to obtain approval. The Management Conference 

9 shall have an additional 90 days to submit its re10 vised Plan, and the Administrator shall approve or 

11 disapprove such revised Plan within 90 days after 

12 receipt. 

13 (e) GRANT ASSISTANCE FOR SUPPORT OF PLAN DE14 VELOPMENT.— 

15 (1) IN GENERAL.—The Administrator may, in 

16 consultation with the Management Conference, make 

17 grants to State, interstate, and regional water pollu18 tion control agencies, federally recognized Indian 

19 tribes, local governments, and public or nonprofit 

20 agencies, institutions, and organizations for assisting 

21 with research, surveys, studies, modeling, and tech22 nical and supporting work necessary for the develop23 ment of the Plan. 

24 (2) RESTRICTION.—Only proposals whose work 

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1 rectly to the development of the Plan may be funded 

2 under this section. 

3 (3) COST-SHARING.—The amount of grants 

4 made under this section for a fiscal year shall not 

5 exceed 65 percent of the costs of such research, sur6 vey, study, modeling, and technical and supporting 

7 work and shall be made available on the condition 

8 that the non-Federal share of the costs of such re9 search, survey, study, modeling, and technical and 

10 supporting work may include the value of in-kind 

11 services contributed at any time after January 1, 

12 2004, by a non-Federal sponsor. 

13 (4) ADMINISTRATION.—The Administrator may 

14 establish such requirements for the administration of 

15 grants as the Administrator determines appropriate. 

16 SEC. 105. REPORT ON THE PLAN TO CONGRESS. 

17 Within 60 days after approval of the Plan, the Ad18 ministrator shall submit to Congress a copy of the Plan 

19 and a comprehensive report that describes the activities 

20 of the Management Conference and the cost of the devel21 opment and approval of the Plan. 


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1 TITLE II—PLAN 

2 IMPLEMENTATION 

3 SEC. 201. MANAGEMENT. 

4 (a) COORDINATION.—After approval of the Plan, the 

5 Director of the Program shall— 

6 (1) in cooperation with CRRSCo and the appro7 priate Federal, State, local, and tribal agencies, de8 velop and carry out qualified projects to implement 

9 the Plan; 

10 (2) track schedules, finances, and performance 

11 of the implementation of the Plan; 

12 (3) provide multiagency oversight and coordina13 tion of Lower Colorado River protection activities to 

14 ensure balance and integration in the implementa15 tion of the Plan; 

16 (4) coordinate actions of the Program with the 

17 actions of other Federal agencies, State agencies, 

18 tribal agencies, and local governments to ensure the 

19 input of those agencies and governments in devel20 oping and implementing water quality strategies and 

21 to obtain the support of such agencies and govern22 ments in achieving the objectives of the Plan; 

23 (5) develop interagency cross-cut budgets and a 

24 comprehensive finance plan to allocate costs; and 

25 (6) develop annual reports. 


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1 (b) PUBLIC PARTICIPATION.—In implementing the 

2 Plan, the Director of the Program shall coordinate with 

3 Federal, State, and tribal agencies, local governments, and 

4 the public to seek input on program elements such as plan5 ning, design, technical assistance, and development of peer 

6 review science programs. 

7 (c) SCIENCE.—In implementing the Plan, the Direc8 tor of the Program shall seek to ensure, to the maximum 

9 extent practicable, that all major aspects of implementing 

10 the Plan are subjected to credible and objective scientific 

11 review and that major decisions are based upon the best 

12 available scientific information. 

13 SEC. 202. QUALIFIED PROJECTS. 

14 (a) AUTHORITY.—The Administrator, acting through 

15 the Director of the Program, may carry out qualified 

16 projects in accordance with priorities set by the Adminis17 trator in accordance with this Act. 

18 (b) PRIORITY.—In selecting qualified projects to 

19 carry out under this Act, the Administrator shall give pri20 ority to a qualified project that— 

21 (1) addresses pollution problems that pose a po22 tentially high level of risk to human health in the 

23 judgment of the Administrator; 

24 (2) has been identified in the Plan and is ready 

25 to be implemented; or 


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1 (3) will use an innovative approach, technology, 

2 or technique that may provide greater environmental 

3 benefit or equivalent environmental benefit at re4 duced cost. 

5 (c) LIMITATION.—The Administrator may not carry 

6 out a project under this section if— 

7 (1) an evaluation of alternatives for the area of 

8 concern has not been conducted, including a review 

9 of the short-term and long-term effects of the alter10 natives on human health and the environment; or 

11 (2) the Administrator determines that the area 

12 of concern is likely to suffer increased contamination 

13 from existing sources of pollutants following the 

14 completion of the project. 

15 (d) NON-FEDERAL COST SHARE.— 

16 (1) NON-FEDERAL COST SHARE.—The non17 Federal share of the cost of a qualified project car18 ried out under this section shall be not less than 45 

19 percent. 

20 (2) ABILITY TO PAY.—Notwithstanding para21 graph (1), the Administrator may reduce the non22 Federal share of the cost of a qualified project car23 ried out under this section to not less than 35 per24 cent based on a determination by the Administrator 

25 that a non-Federal interest is unable to pay. The deVerDate Nov 24 2008 02:12 Aug 04, 2009 Jkt 079200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H3481.IH H3481

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1 termination of inability to pay shall not affect the 

2 requirements of paragraph (4). In making such a 

3 determination, the Administrator— 

4 (A) shall consider— 

5 (i) per capita income data for the ap6 propriate political division or divisions in 

7 which the project is to be located; and 

8 (ii) the per capita non-Federal cost of 

9 construction of the project for the appro10 priate political division or divisions in 

11 which the project is to be located; and 

12 (B) may consider additional criteria relat13 ing to the non-Federal interest’s financial abil14 ity to carry out its cost-sharing responsibilities, 

15 to the extent that the application of such cri16 teria does not eliminate areas from eligibility 

17 for a reduction in the non-Federal share. 

18 (3) IN-KIND CONTRIBUTIONS.—The non-Fed19 eral share of the cost of a qualified project carried 

20 out under this section may include the value of in21 kind services contributed at any time after January 

22 1, 2001, by a non-Federal sponsor, including any in23 kind service performed under an administrative 

24 order on consent or judicial consent decree, but not 


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1 including any in-kind services performed under a 

2 unilateral administrative order or court order. 

3 (4) OPERATION AND MAINTENANCE.— 

4 (A) IN GENERAL.—The non-Federal share 

5 of the cost of the operation and maintenance of 

6 a qualified project carried out under this sec7 tion shall be 100 percent. 

8 (B) AGREEMENTS.—The Administrator 

9 may require the appropriate non-Federal inter10 ests to enter into such agreements as the Ad11 ministrator deems necessary to ensure the prop12 er operation and maintenance of any qualified 

13 project, and the Administrator may not carry 

14 out any qualified project for which the appro15 priate non-Federal interests have not dem16 onstrated to the satisfaction of the Adminis17 trator that they possess the resources for prop18 er operation and maintenance of the qualified 

19 project. 

20 (e) MAINTENANCE OF EFFORT.—The Administrator 

21 may not carry out a qualified project under this section 

22 unless the non-Federal sponsor enters into such agree23 ments with the Administrator as the Administrator may 

24 require to ensure that the non-Federal sponsor will main25 tain its aggregate expenditures from all other sources for 


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1 programs that will help achieve the goals of this Act in 

2 the area of concern in which the qualified project is located 

3 at or above the average level of such expenditures in its 

4 2 fiscal years preceding the date on which the project is 

5 initiated. 

6 (f) COORDINATION.—In carrying out a qualified 

7 project under this section, the Administrator shall coordi8 nate with the Secretary of the Interior, the Secretary of 

9 the Army, and with the Governors of States in which 

10 projects are located to ensure that Federal and State as11 sistance for the prevention, reduction, and elimination of 

12 pollution in areas of concern is used as efficiently as pos13 sible. 

14 SEC. 203. ENCOURAGING INVOLVEMENT OF OTHER PRO15 GRAMS. 

16 (a) MAXIMIZING PROGRAM BENEFITS.—In order to 

17 maximize the amount of pollution prevention, elimination, 

18 and ecosystem restoration in the Lower Colorado River 

19 Basin, the Administrator is directed, through the Pro20 gram, to develop a list of pre-existing Federal programs 

21 that are authorized to conduct projects that fit the re22 quirements to be considered qualified projects under this 

23 Act and to work with the agencies, departments, and of24 fices responsible for such Federal programs to avoid comVerDate Nov 24 2008 02:12 Aug 04, 2009 Jkt 079200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H3481.IH H3481

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1 mitting resources authorized under this Act to projects if 

2 other programs will implement them. 

3 (b) TITLE XVI ELIGIBILITY.—The Reclamation 

4 Wastewater and Groundwater Study and Facilities Act 

5 (43 U.S.C. 390h et seq.; Public Law 102–575) is amended 

6 by adding at the end the following: 

7 ‘‘SEC. 1618. LOWER COLORADO RIVER WATER QUALITY 

8 PROTECTION PROJECTS. 

9 ‘‘(a) IN GENERAL.—The Secretary, in cooperation 

10 with the Colorado River Regional Sewer Coalition or other 

11 regional or local entities, shall participate in the planning, 

12 design, and construction of systems for the treatment of 

13 municipal wastewater. 

14 ‘‘(b) COST SHARE.—The Federal share of the cost 

15 of the project authorized by this section shall not exceed 

16 25 percent of the total cost of the project. 

17 ‘‘(c) IN-KIND CONTRIBUTIONS.—The non-Federal 

18 share of the cost of a project carried out under this sub19 section may include the value of in-kind services contrib20 uted at any time after January 1, 2001, by a non-Federal 

21 sponsor, including any in-kind service performed under an 

22 administrative order on consent or judicial consent decree, 

23 but not including any in-kind services performed under a 

24 unilateral administrative order or court order. 


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1 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

2 is authorized to be appropriated $20,000,000 to remain 

3 available until expended.’’. 

4 SEC. 204. PUBLIC INFORMATION PROGRAM. 

5 The Administrator, acting through the Director of 

6 the Program and in coordination with States, federally 

7 recognized Indian tribes, local governments, and other en8 tities, shall carry out a public information program to pro9 vide information relating to the Plan and its implementa10 tion. 

11 SEC. 205. REPORT. 

12 Not later than December 31, 2011, and annually 

13 thereafter, the Administrator shall submit to Congress a 

14 comprehensive report that describes the costs, accomplish15 ments, and outcomes of the activities carried out in the 

16 implementation of the Plan. The report shall include a list 

17 of rejected project proposals with explanations for their 

18 rejection. 

19 SEC. 206. COMPLIANCE WITH STATE AND FEDERAL LAW. 

20 Nothing in this Act preempts the authority of any 

21 Federal or State agency, under any State or Federal law, 

22 to prevent, reduce, or eliminate pollution in the Lower Col23 orado River or to restore or maintain the ecosystem health 

24 of the Lower Colorado River or the authority of a Federal 


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1 agency that is being used or may be used to apportion, 

2 release, and deliver Lower Colorado River water. 

Æ 


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