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109TH CONGRESS 
1ST SESSION H. R. 3521 
To provide environmental assistance to non-Federal interests in the State 
of Colorado. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 28, 2005 
Mr. BEAUPREZ (for himself, Mrs. MUSGRAVE, Mr. SALAZAR, and Mr. UDALL 
of Colorado) introduced the following bill; which was referred to the Com-
mittee on Transportation and Infrastructure 
A BILL 
To provide environmental assistance to non-Federal interests 
in the State of Colorado. 
Be it enacted by the Senate and House of Representa-
tives 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, the following definitions apply: 
(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 con-
struction assistance for water-related environmental infra-
structure and resource protection and development 
projects in the State, including projects for— 
(1) wastewater treatment and related facilities; 
(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 devel-
opment. 
(c) PUBLIC OWNERSHIP REQUIREMENT.—The Sec-
retary may provide assistance for a project under this sec-
tion 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 in-
terest 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, 
in consultation and coordination with appro-
priate Federal and State officials, of a facilities 
or resource protection and development plan, 
including appropriate engineering plans and 
specifications. 
(B) LEGAL
AND
INSTITUTIONAL
STRUC-
TURES.—Establishment of such legal and insti-
tutional 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
AC-
TIVITIES.—The Federal share of the cost of ac-
tivities 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 ex-
ceed 6 percent of the total construction costs of 
a project, for the reasonable costs of design 
work completed by the non-Federal interest be-
fore 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 inter-
est 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 nec-
essary 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 mainte-
nance costs for projects constructed with assist-
ance provided under this section shall be 100 
percent. 
(e) APPLICABILITY OF OTHER FEDERAL AND STATE 
LAWS.—Nothing in this section waives, limits, or other-
wise 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. 
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