(3) will use an innovative approach, technology, 
or technique that may provide greater environmental 
benefit or equivalent environmental benefit at re-
duced cost. 
(c) LIMITATION.—The Administrator may not carry 
out a project under this section if— 
(1) 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 alter-
natives on human health and the environment; or 
(2) 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. 
(d) NON-FEDERAL COST SHARE.— 
(1) NON-FEDERAL
COST
SHARE.—The non- 
Federal share of the cost of a qualified project car-
ried out under this section shall be not less than 45 
percent. 
(2) ABILITY TO PAY.—Notwithstanding para-
graph (1), the Administrator may reduce the non- 
Federal share of the cost of a qualified project car-
ried out under this section to not less than 35 per-
cent based on a determination by the Administrator 
that a non-Federal interest is unable to pay. The de-
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termination of inability to pay shall not affect the 
requirements of paragraph (4). In making such a 
determination, the Administrator— 
(A) shall consider— 
(i) per capita income data for the ap-
propriate political division or divisions in 
which the project is to be located; and 
(ii) the per capita non-Federal cost of 
construction of the project for the appro-
priate political division or divisions in 
which the project is to be located; and 
(B) may consider additional criteria relat-
ing to the non-Federal interest’s financial abil-
ity to carry out its cost-sharing responsibilities, 
to the extent that the application of such cri-
teria does not eliminate areas from eligibility 
for a reduction in the non-Federal share. 
(3) IN-KIND
CONTRIBUTIONS.—The non-Fed-
eral 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 
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including any in-kind services performed under a 
unilateral administrative order or court order. 
(4) OPERATION AND MAINTENANCE.— 
(A) IN GENERAL.—The non-Federal share 
of the cost of the operation and maintenance of 
a qualified project carried out under this sec-
tion shall be 100 percent. 
(B) 
AGREEMENTS.—The 
Administrator 
may require the appropriate non-Federal inter-
ests to enter into such agreements as the Ad-
ministrator deems necessary to ensure the prop-
er operation and maintenance of any qualified 
project, and the Administrator may not carry 
out any qualified project for which the appro-
priate non-Federal interests have not dem-
onstrated to the satisfaction of the Adminis-
trator that they possess the resources for prop-
er operation and maintenance of the qualified 
project. 
(e) MAINTENANCE OF EFFORT.—The Administrator 
may not carry out a qualified project under this section 
unless the non-Federal sponsor enters into such agree-
ments with the Administrator as the Administrator may 
require to ensure that the non-Federal sponsor will main-
tain its aggregate expenditures from all other sources for 
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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. 
(f) COORDINATION.—In carrying out a qualified 
project under this section, the Administrator shall coordi-
nate 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 as-
sistance for the prevention, reduction, and elimination of 
pollution in areas of concern is used as efficiently as pos-
sible. 
SEC. 203. ENCOURAGING INVOLVEMENT OF OTHER PRO-
GRAMS. 
(a) MAXIMIZING PROGRAM BENEFITS.—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 Pro-
gram, to develop a list of pre-existing Federal programs 
that are authorized to conduct projects that fit the re-
quirements to be considered qualified projects under this 
Act and to work with the agencies, departments, and of-
fices responsible for such Federal programs to avoid com-
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mitting resources authorized under this Act to projects if 
other programs will implement them. 
(b) TITLE
XVI ELIGIBILITY.—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: 
‘‘SEC. 1618. LOWER COLORADO RIVER WATER QUALITY 
PROTECTION PROJECTS. 
‘‘(a) IN GENERAL.—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. 
‘‘(b) COST SHARE.—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. 
‘‘(c) IN-KIND CONTRIBUTIONS.—The non-Federal 
share of the cost of a project carried out under this sub-
section may include the value of in-kind services contrib-
uted 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. 
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