,i #aacth ,,congress #ast ,session ,h4 ,r4 #aceb ,,in ,,the ,,house ,,of ,,representatives ,march #ba1 #bjac ,mr4 ,grijalva introduced the following bill2 which was referred to the ,committee on ,transportation and ,infrastructure1 and in addition to the ,committee on ,natural ,resources1 for a period to be subsequently determined by the ,speaker1 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 ecosystem4 #a4 ,short title ,this ,act may be cited as the ,lower ,colorado ,river ,protection ,act4 #b4 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title4 ,sec4 #b4 ,table of contents4 ,sec4 #c4 ,findings4 ,sec4 #d4 ,declaration of goals4 ,sec4 #e4 ,definitions4 ,title ,i--,plan ,development ,sec4 #aja4 ,lower ,colorado ,river ,management ,conference4 ,sec4 #ajb4 ,lower ,colorado ,river protection program4 ,sec4 #ajc4 ,environmental and pollution control research program4 ,sec4 #ajd4 ,lower ,colorado ,river pollution elimination and ecosystem restoration plan4 ,sec4 #aje4 ,report on the plan to ,congress4 ,title ,,ii--,plan ,implementation ,sec4 #bja4 ,management4 ,sec4 #bjb4 ,qualified projects4 ,sec4 #bjc4 ,encouraging involvement of other programs4 ,sec4 #bjd4 ,public information program4 ,sec4 #bje4 ,report4 ,sec4 #bjf4 ,compliance with ,state and ,federal law4 #c4 ,findings ,the ,congress finds the following3 7#a7 ,safe supplies of water are fundamental to the health1 economy1 security1 and ecology of the ,united ,states4 7#b7 ,research1 development1 and implementation of means and methods to protect the quality of the water resources of the ,united ,states will help ensure the continued existence of safe water to support-- 7,a7 increasing populations2 7,b7 economic growth2 7,c7 irrigated agriculture and a safe food supply2 and 7,d7 the protection of aquatic ecosystems4 7#c7 ,the ,colorado ,river is a multifaceted resource of the ,united ,states because-- 7,a7 the ,colorado ,river is a natural wonder1 a national treasure1 and the lifeblood of the ,southwest as it provides drinking water for more than #be1jjj1jjj people and irrigates #a1hjj1jjj acres of land1 watering #ae percent of ,united ,states crops and over #hj percent of winter vegetables consumed in the ,united ,states2 7,b7 the ,colorado ,river is a major water recreation destination for boaters1 fishermen1 skiers1 swimmers1 hikers1 and others with the ,grand ,canyon receiving approximately #d1ejj1jjj visitors per year1 the ,glen ,canyon ,national ,recreation ,area receiving approximately #b1jjj1jjj visitors per year1 and ,lake ,mead ,national ,recreation ,area receiving approximately #h1jjj1jjj visitors per year2 and 7,c7 the ,colorado ,river and its tributaries form a unique habitat that supports many rare and unusual species1 including #cf native fish species 7not including #b that have already gone extinct71 of which #be species are found only in the ,colorado ,river and its tributaries1 #aa species are classified as endangered1 #d species are classified as threatened1 and #e species are classified as sensitive4 7#d7 ,the ,colorado ,river is endangered because-- 7,a7 the habitat along the ,colorado ,river has been altered by dams1 diversions1 habitat loss and degradation1 chemical pollution1 and nonnative plant and animal species 7including #fb nonnative species of fish71 such that it is no longer the warm1 silt-laden1 sometimes turbulent1 and ecologically balanced home to which native species are adapted1 which has reduced the populations and ranges of many native species2 7,b7 male fish in ,las ,vegas ,bay of ,lake ,mead have relatively high levels of endocrine disrupting compounds 7,e,d,cs71 low levels of sex hormones1 and shrunken testes associated with exposure to ,e,d,cs in effluent discharged into ,las ,vegas ,wash and making its way into the lake1 and this effluent will soon be directly discharged into ,lake ,mead instead of ,las ,vegas ,wash2 7,c7 the dangers of increasing levels of ,e,d,cs are exemplified by the condition of the ,san ,francisco ,bay ,estuary1 the source of drinking water for #be1jjj1jjj ,californians1 where fish populations are crashing and young fish are born with brain1 liver1 and other deformities associated with high levels of environmental exposure to ,e,d,cs1 which are making their way into people as evidenced by levels of the fire retardant polybrominated diphenyl ether reaching up to #ajj times normal concentrations in the breast milk of ,bay ,area women2 7,d7 nitrate pollution from degrading septic tanks presents a current and continuing threat to the health of the ,lower ,colorado ,river and the ecosystems and the health of the people that depend on it2 7,e7 nitrate pollution also threatens the beneficial use of recreation along the ,lower ,colorado ,river because excess nitrates cause algal blooms1 which die and decompose1 deoxygenating the water and killing large numbers of fish2 7,f7 run-off and return flows from agricultural lands into the ,lower ,colorado ,river and adjacent aquifers and waterways are rich in nitrates and sediment and high in salinity2 7,g7 a number of chemicals in addition to nitrates are current or emerging threats to the ,lower ,colorado ,river1 including uranium and other uranium mining by-products1 selenium1 hexavalent chromium1 perchlorate1 mercury1 ,e,d,cs1 pharmaceuticals1 and personal care products2 7,h7 known chemical and radioactive threats to the river include a #ajj-;foot high1 #acj acre1 #aj4e million ton pile of uranium mill tailings located #gej feet from the river near ,moab1 ,utah1 and being remediated by the ,department of ,energy2 7,i7 thousands of new mining claims1 mostly for uranium1 on ,federal lands adjacent to the ,grand ,canyon are an emerging threat to the ,colorado ,river2 7,j7 known chemical threats to the river include #b plumes of perchlorate rocket fuel near ,henderson1 ,nevada1 now being voluntarily remediated by the land owners1 but previously making its way into lettuce grown over #bjj miles away near ,yuma1 ,arizona2 7,k7 known chemical threats to the river include #b plumes of hexavalent chromium near ,topock1 ,california1 and ,lake ,havasu ,city1 ,arizona1 being voluntarily remediated by the land owners2 7,l7 quagga mussels1 tamarisk1 and other invasive species are disrupting ecosystems and threatening infrastructure and water quality in the ,lower ,colorado ,river2 and 7,m7 other types of contaminants and sources of pollution are a present danger to the ,lower ,colorado ,river1 including pathogens1 stormwater run-off1 and salinity4 7#e7 ,demands on and needs of the ,colorado ,river that are increasing stresses on the ecosystems and water resources of the ,lower ,colorado ,river are increasing because-- 7,a7 the population of ,california is projected to increase from #ci1jjj1jjj in #bjaj to almost #fj1jjj1jjj in #bjej1 and the population of ,arizona is projected to increase from #g1jjj1jjj in #bjaj to almost #ac1jjj1jjj in #bjej2 7,b7 population along the ,lower ,colorado ,river is expected to grow from its current #bij1jjj to #dhj1jjj by #bjbe2 7,c7 more than #b billion is needed by #bjbe to build the wastewater treatment plants necessary to ameliorate the danger to the ,lower ,colorado ,river from septic tanks2 and 7,d7 according to the most recent ,intergovernmental ,panel on ,climate ,change report1 the average annual temperature will increase by over #f degrees ,fahrenheit and annual run-off will decrease by #bj percent or more over much of the ,lower ,colorado ,river ,basin by the end of the century4 #d4 ,declaration of goals ,the goals of this ,act are as follows3 7#a7 ,to restore and maintain the ecosystems and the chemical1 biological1 and physical integrity of the waters of the ,lower ,colorado ,river to attain water quality that-- 7,a7 provides for the protection and propagation of plants1 fish1 shellfish1 wildlife1 and a balanced population of natural1 safe microorganisms2 7,b7 provides for recreation in and on the water2 and 7,c7 protects the health of the millions of citizens of the ,united ,states who drink the water of the ,lower ,colorado ,river and eat the produce grown with water withdrawn from the ,lower ,colorado ,river4 7#b7 ,to reduce the discharge of toxic pollutants into the ,lower ,colorado ,river to below toxic amounts and to remediate existing sources of toxic pollutants4 7#c7 ,to develop and implement programs in an expeditious manner for the control of nonpoint sources of pollution to enable the goals of this ,act to be met through the control of both point and nonpoint sources of pollution4 7#d7 ,to complete research and development based on science and engineering to enable the goals of this ,act to be met4 7#e7 ,to empower the ,environmental ,protection ,agency to take the lead in the effort to meet these goals1 working with other ,federal agencies and ,state and local authorities4 #e4 ,definitions ,for the purposes of this ,act1 the following definitions apply3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,agency ,the term ,agency means the ,environmental ,protection ,agency4 7#c7 ,c,r,r,s,co ,the term ,c,r,r,s,co means the ,colorado ,river ,regional ,sewer ,coalition1 an ,arizona nonprofit corporation whose members are cities1 towns1 counties1 ,indian tribes1 and political subdivisions in the ,lower ,colorado ,river ,basin which have the financial and management responsibilities for the provision of wastewater services within their jurisdictions4 7#d7 ,federal agencies ,the term ,federal agencies includes the ,environmental ,protection ,agency1 the ,department of the ,interior 7including the ,bureau of ,reclamation1 the ,united ,states ,fish and ,wildlife ,service1 the ,bureau of ,land ,management1 the ,national ,park ,service1 and the ,united ,states ,geological ,survey71 the ,army ,corps of ,engineers1 the ,department of ,commerce 7including the ,national ,marine ,fisheries ,service71 the ,department of ,agriculture 7including the ,natural ,resources ,conservation ,service and the ,forest ,service71 and the ,western ,area ,power ,administration4 7#e7 ,federally recognized ,indian tribes ,the term federally recognized ,indian tribes means-- 7,a7 the ,colorado ,river ,indian ,tribes of the ,colorado ,river ,indian ,reservation1 ,arizona and ,california2 7,b7 the ,chemehuevi ,indian ,tribe of the ,chemehuevi ,reservation1 ,california2 7,c7 the ,fort ,mohave ,indian ,tribe of ,arizona1 ,california1 and ,nevada2 7,d7 the ,quechan ,tribe of the ,fort ,yuma ,indian ,reservation2 and 7,e7 the ,cocopah ,tribe of ,arizona4 7#f7 ,lower ,colorado ,river ,the term ,lower ,colorado ,river means that portion of the ,colorado ,river downstream from ,lees ,ferry1 as defined in the ,colorado ,river ,compact of #aibb1 and within the ,united ,states4 7#g7 ,lower ,colorado ,river ,basin ,the term ,lower ,colorado ,river ,basin means the geographic areas in the ,states of ,arizona1 ,california1 and ,nevada that are hydrologically connected to the mainstem of the ,lower ,colorado ,river4 7#h7 ,management ,conference ,the term ,management ,conference means the ,lower ,colorado ,river ,management ,conference established in section #aja4 7#i7 ,plan ,the term ,plan means the ,lower ,colorado ,river ,pollution ,elimination and ,ecosystem ,restoration ,plan described in section #ajd2 7#aj7 ,program ,the term ,program means the ,lower ,colorado ,river ,protection ,program established in section #ajb4 7#aa7 ,qualified ,project ,the term qualified project means a project to be carried out in the ,lower ,colorado ,river ,basin that-- 7,a7 monitors or evaluates the release or discharge of pollutants in the ,lower ,colorado ,river ,basin2 or 7,b7 prevents1 reduces1 or eliminates pollution in the ,lower ,colorado ,river or restores or maintains the ecosystem health of the ,lower ,colorado ,river in accordance with the ,plan2 and 7,c7 does not include the purchase of water for the purpose of flow regulation in the ,lower ,colorado ,river or its tributaries4 ,i ,plan ,development #aja4 ,lower ,colorado ,river ,management ,conference 7a7 ,establishment ,there is established a ,lower ,colorado ,river ,management ,conference to develop the ,lower ,colorado ,river ,pollution ,elimination and ,ecosystem ,restoration ,plan4 7b7 ,membership ,the members of the ,management ,conference shall be comprised of the following3 7#a7 ,the ,governors of the ,states of ,california1 ,arizona1 and ,nevada or their designees4 7#b7 #a representative from each of the following ,federal agencies3 7,a7 ,the ,agency4 7,b7 ,the ,bureau of ,reclamation4 7,c7 ,the ,western ,area ,power ,administration4 7,d7 ,the ,national ,park ,service4 7,e7 ,the ,united ,states ,fish and ,wildlife ,service4 7,f7 ,the ,united ,states ,geological ,survey4 7#c7 ,the chairperson of ,c,r,r,s,co4 7#d7 #e members of the board of directors of ,c,r,r,s,co that represent local governments1 federally recognized ,indian tribes1 and sewer districts within the ,lower ,colorado ,river ,basin1 chosen by the board of directors of the ,c,r,r,s,co4 7#e7 #a person representing any federally recognized ,indian tribe that is not represented on the board of directors of ,c,r,r,s,co4 7#f7 ,not more than a total of #ah representatives appointed by the ,governors of the ,states of ,california1 ,arizona1 and ,nevada1 comprised of the following3 7,a7 #a person representing each of the ,state environmental protection agencies of ,arizona1 ,california1 and ,nevada1 for a total of #c representatives4 7,b7 #a person representing each of the ,state water resources agencies of ,arizona1 ,california1 and ,nevada1 for a total of #c representatives4 7,c7 ,not more than #f representatives of local governments having jurisdiction over any land or water within the ,lower ,colorado ,river ,basin and that are not represented on the board of directors of ,c,r,r,s,co4 7,d7 #b persons representing affected industries4 7,e7 #b persons representing nongovernmental organizations4 7,f7 #b persons representing the general public4 7#g7 #a person representing the ,colorado ,river ,energy ,distributors ,association4 7#h7 #a person representing the ,colorado ,river ,commission of ,nevada4 7#i7 #a person representing the ,colorado ,river ,water ,users ,association4 7c7 ,technical advisory committee ,not later than #abj days after the date of enactment of this ,act1 the ,management ,conference shall appoint a ,technical ,advisory ,committee consisting of officials of ,federal agencies1 the ,state governments of ,arizona1 ,california1 and ,nevada1 the governments of political subdivisions of such ,states1 and private research institutions to ensure the input of the technical expertise of those agencies and authorities in developing and implementing the ,plan4 #ajb4 ,lower ,colorado ,river protection program 7a7 ,establishment ,the ,lower ,colorado ,river ,protection ,program is hereby established within the ,agency ,region #i office4 7b7 ,director2 staff ,the ,program shall be headed by a ,director and shall be staffed by not less than #b persons in addition to the ,director4 7c7 ,purpose ,the ,program shall provide staff and support services to the ,management ,conference and the ,technical ,advisory ,committee4 #ajc4 ,environmental and pollution control research program 7a7 ,research program 7#a7 ,establishment ,the ,administrator1 acting through the ,director of the ,program1 shall establish a multidisciplinary environmental research program for the ,lower ,colorado ,river4 7#b7 ,grants 7,a7 ,in general ,for the purposes of carrying out this subsection1 the ,administrator may make grants to ,state water pollution control agencies1 other public or nonprofit agencies1 institutions1 organizations1 and individuals to conduct environmental and pollution control projects in the ,lower ,colorado ,river ,basin4 7,b7 ,limitations 7i7 ,amount for less than #de percent cost share ,the amount of any such grant for which the non-,federal contribution to the total project cost is less than #de percent may not exceed #ej1jjj per year4 7ii7 ,other ,the amount of any such grant for which the non-,federal contribution to the total project cost is #de percent or more may not exceed #ajj1jjj per year4 7iii7 ,in-kind contributions ,the value of in-kind contributions may be included in the calculation of non-,federal contributions to project costs4 7b7 ,priority ,in selecting projects to carry out the program established under subsection 7a71 the ,administrator shall give priority to a project that meets one or more of the following3 7#a7 ,monitors emerging pollution problems that pose a potentially high level of risk to human health in the judgment of the ,administrator or studies methods of remediating such problems in the ,lower ,colorado ,river4 ,projects can address emerging pollution problems in the ,upper ,colorado ,river that might reasonably be expected to pose a threat to the ,lower ,colorado ,river4 7#b7 ,monitors contamination by or studies methods of remediating contamination by pharmaceutical and personal care products and endocrine disrupting compounds in the ,lower ,colorado ,river1 the effects of these compounds on the ecosystem of the ,lower ,colorado ,river1 and the risk to human health due the presence of these contaminants in the ,lower ,colorado ,river4 7#c7 ,evaluates the effect of1 or studies methods of preventing1 reducing1 or eliminating1 nonpoint source pollution1 including increased sedimentation1 due to enhanced stormwater run-off created by human disturbance of the natural landscape1 including from agricultural activities1 mining activities1 construction activities1 and man-made impermeable surfaces4 7#d7 ,monitors the distribution of1 or studies means of reducing or eliminating1 quagga mussels in the ,lower ,colorado ,river or any other organism or pollutant that threatens infrastructure in and along the ,lower ,colorado ,river4 7#e7 ,uses an innovative approach1 technique1 or technology that may provide greater environmental benefits or equivalent environmental benefits at a reduced cost4 #ajd4 ,lower ,colorado ,river pollution elimination and ecosystem restoration plan 7a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,management ,conference shall publish the ,lower ,colorado ,river ,pollution ,elimination and ,ecosystem ,restoration ,plan1 which shall be a comprehensive pollution prevention1 reduction1 elimination1 and ecosystem restoration plan for the ,lower ,colorado ,river4 7b7 ,contents ,the ,plan shall-- 7#a7 identify corrective actions and compliance schedules addressing point and nonpoint sources of nitrate pollution and other pollution necessary to maintain the chemical1 physical1 and biological integrity of water quality2 7#b7 incorporate environmental management concepts and programs established in ,state and ,federal plans and programs in effect at the time of the development of the ,plan2 7#c7 clarify the duties of ,federal and ,state agencies in pollution prevention and control activities2 7#d7 describe the methods and schedules for funding of programs1 activities1 and projects identified in the ,plan1 including the use of ,federal funds and other sources of funds2 7#e7 include a strategy for pollution prevention and management practices to reduce the amount of pollution generated in the ,lower ,colorado ,river ,basin and maintain the ecosystem health of the ,lower ,colorado ,river2 and 7#f7 be reviewed and revised1 as necessary1 at least once every #e years in consultation with the ,administrator and other appropriate ,federal agencies4 7c7 ,public review 7#a7 ,in general ,the ,administrator1 in cooperation with the ,management ,conference1 shall provide for public review and comment on the draft ,plan4 7#b7 ,public meetings ,at a minimum1 the ,management ,conference shall conduct #a public meeting in each of ,arizona1 ,california1 and ,nevada to hear comments on the draft ,plan4 7d7 ,approval or disapproval of the plan 7#a7 ,deadline 7,a7 ,in general ,not later than #abj days after the publication of the ,plan1 the ,administrator shall either approve or disapprove the ,plan4 7,b7 ,portion ,the ,administrator may approve a portion of the ,plan under this paragraph4 7,c7 ,considered approved ,if the ,administrator does not disapprove the ,plan or a portion thereof within the #abj-;day period1 the ,plan or portion thereof shall be considered approved for the purposes of this subsection4 7#b7 ,procedure for disapproval ,if1 after notice and opportunity for public comment and consultation with the appropriate ,federal and ,state agencies and other interested persons1 the ,administrator determines that-- 7,a7 the ,plan or any portion thereof does not meet the requirements of subsection 7b7 or is not likely to satisfy1 in whole or in part1 the goals and requirements of this ,act2 7,b7 adequate authority does not exist or adequate resources are not available to implement the ,plan or portion thereof2 7,c7 the schedule for implementing the ,plan or portion thereof is not sufficiently expeditious2 or 7,d7 the practices and measures proposed in the ,plan or portion thereof are not adequate to prevent1 reduce1 or eliminate pollution in the ,lower ,colorado ,river or restore the ecosystem of the ,lower ,colorado ,river in whole or in part2 then the ,administrator shall within #abj days of the publication of the ,plan notify the ,management ,conference of any revisions or modifications necessary to obtain approval4 ,the ,management ,conference shall have an additional #ij days to submit its revised ,plan1 and the ,administrator shall approve or disapprove such revised ,plan within #ij days after receipt4 7e7 ,grant assistance for support of plan development 7#a7 ,in general ,the ,administrator may1 in consultation with the ,management ,conference1 make grants to ,state1 interstate1 and regional water pollution control agencies1 federally recognized ,indian tribes1 local governments1 and public or nonprofit agencies1 institutions1 and organizations for assisting with research1 surveys1 studies1 modeling1 and technical and supporting work necessary for the development of the ,plan4 7#b7 ,restriction ,only proposals whose work product can reasonably be expected to contribute directly to the development of the ,plan may be funded under this section4 7#c7 ,cost-sharing ,the amount of grants made under this section for a fiscal year shall not exceed #fe percent of the costs of such research1 survey1 study1 modeling1 and technical and supporting work and shall be made available on the condition that the non-,federal share of the costs of such research1 survey1 study1 modeling1 and technical and supporting work may include the value of in-kind services contributed at any time after ,january #a1 #bjjd1 by a non-,federal sponsor4 7#d7 ,administration ,the ,administrator may establish such requirements for the administration of grants as the ,administrator determines appropriate4 #aje4 ,report on the plan to ,congress ,within #fj days after approval of the ,plan1 the ,administrator shall submit to ,congress a copy of the ,plan and a comprehensive report that describes the activities of the ,management ,conference and the cost of the development and approval of the ,plan4 ,,ii ,plan ,implementation #bja4 ,management 7a7 ,coordination ,after approval of the ,plan1 the ,director of the ,program shall-- 7#a7 in cooperation with ,c,r,r,s,co and the appropriate ,federal1 ,state1 local1 and tribal agencies1 develop and carry out qualified projects to implement the ,plan2 7#b7 track schedules1 finances1 and performance of the implementation of the ,plan2 7#c7 provide multiagency oversight and coordination of ,lower ,colorado ,river protection activities to ensure balance and integration in the implementation of the ,plan2 7#d7 coordinate actions of the ,program with the actions of other ,federal agencies1 ,state agencies1 tribal agencies1 and local governments to ensure the input of those agencies and governments in developing and implementing water quality strategies and to obtain the support of such agencies and governments in achieving the objectives of the ,plan2 7#e7 develop interagency cross-cut budgets and a comprehensive finance plan to allocate costs2 and 7#f7 develop annual reports4 7b7 ,public participation ,in implementing the ,plan1 the ,director of the ,program shall coordinate with ,federal1 ,state1 and tribal agencies1 local governments1 and the public to seek input on program elements such as planning1 design1 technical assistance1 and development of peer review science programs4 7c7 ,science ,in implementing the ,plan1 the ,director of the ,program shall seek to ensure1 to the maximum extent practicable1 that all major aspects of implementing the ,plan are subjected to credible and objective scientific review and that major decisions are based upon the best available scientific information4 #bjb4 ,qualified projects 7a7 ,authority ,the ,administrator1 acting through the ,director of the ,program1 may carry out qualified projects in accordance with priorities set by the ,administrator in accordance with this ,act4 7b7 ,priority ,in selecting qualified projects to carry out under this ,act1 the ,administrator shall give priority to a qualified project that-- 7#a7 addresses pollution problems that pose a potentially high level of risk to human health in the judgment of the ,administrator2 7#b7 has been identified in the ,plan and is ready to be implemented2 or 7#c7 will use an innovative approach1 technology1 or technique that may provide greater environmental benefit or equivalent environmental benefit at reduced cost4 7c7 ,limitation ,the ,administrator may not carry out a project under this section if-- 7#a7 an evaluation of alternatives for the area of concern has not been conducted1 including a review of the short-term and long-term effects of the alternatives on human health and the environment2 or 7#b7 the ,administrator determines that the area of concern is likely to suffer increased contamination from existing sources of pollutants following the completion of the project4 7d7 ,non-,federal cost share 7#a7 ,non-federal cost share ,the non-,federal share of the cost of a qualified project carried out under this section shall be not less than #de percent4 7#b7 ,ability to pay ,notwithstanding paragraph 7#a71 the ,administrator may reduce the non-,federal share of the cost of a qualified project carried out under this section to not less than #ce percent based on a determination by the ,administrator that a non-,federal interest is unable to pay4 ,the determination of inability to pay shall not affect the requirements of paragraph 7#d74 ,in making such a determination1 the ,administrator-- 7,a7 shall consider-- 7i7 per capita income data for the appropriate political division or divisions in which the project is to be located2 and 7ii7 the per capita non-,federal cost of construction of the project for the appropriate political division or divisions in which the project is to be located2 and 7,b7 may consider additional criteria relating to the non-,federal interest's financial ability to carry out its cost-sharing responsibilities1 to the extent that the application of such criteria does not eliminate areas from eligibility for a reduction in the non-,federal share4 7#c7 ,in-kind contributions ,the non-,federal 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 #a1 #bjja1 by a non-,federal sponsor1 including any in-kind service performed under an administrative order on consent or judicial consent decree1 but not including any in-kind services performed under a unilateral administrative order or court order4 7#d7 ,operation and maintenance 7,a7 ,in general ,the non-,federal share of the cost of the operation and maintenance of a qualified project carried out under this section shall be #ajj percent4 7,b7 ,agreements ,the ,administrator may require the appropriate non-,federal interests to enter into such agreements as the ,administrator deems necessary to ensure the proper operation and maintenance of any qualified project1 and the ,administrator may not carry out any qualified project for which the appropriate non-,federal interests have not demonstrated to the satisfaction of the ,administrator that they possess the resources for proper operation and maintenance of the qualified project4 7e7 ,maintenance of effort ,the ,administrator may not carry out a qualified project under this section unless the non-,federal sponsor enters into such agreements with the ,administrator as the ,administrator may require to ensure that the non-,federal sponsor will maintain its aggregate expenditures from all other sources for 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 #b fiscal years preceding the date on which the project is initiated4 7f7 ,coordination ,in carrying out a qualified project under this section1 the ,administrator shall coordinate with the ,secretary of the ,interior1 the ,secretary of the ,army1 and with the ,governors of ,states in which projects are located to ensure that ,federal and ,state assistance for the prevention1 reduction1 and elimination of pollution in areas of concern is used as efficiently as possible4 #bjc4 ,encouraging involvement of other programs 7a7 ,maximizing program benefits ,in order to maximize the amount of pollution prevention1 elimination1 and ecosystem restoration in the ,lower ,colorado ,river ,basin1 the ,administrator is directed1 through the ,program1 to develop a list of pre-existing ,federal programs that are authorized to conduct projects that fit the requirements to be considered qualified projects under this ,act and to work with the agencies1 departments1 and offices responsible for such ,federal programs to avoid committing resources authorized under this ,act to projects if other programs will implement them4 7b7 ,title ,,xvi eligibility 7#a7 ,authority authorization ,the ,reclamation ,wastewater and ,groundwater ,study and ,facilities ,act 7#dc ,u4,s4,c4 #cij;h et seq42 ,public ,law #ajb-ege7 is amended by adding at the end the following3 #afeh4 ,lower ,colorado ,river water quality protection projects 7a7 ,in general ,the ,secretary1 in cooperation with the ,colorado ,river ,regional ,sewer ,coalition or other regional or local entities1 shall participate in the planning1 design1 and construction of systems for the treatment of municipal wastewater4 7b7 ,cost share ,the ,federal share of the cost of the project authorized by this section shall not exceed #be percent of the total cost of the project4 7c7 ,in-,kind contributions ,the non-,federal share of the cost of a project carried out under this subsection may include the value of in-kind services contributed at any time after ,january #a1 #bjja1 by a non-,federal sponsor1 including any in-kind service performed under an administrative order on consent or judicial consent decree1 but not including any in-kind services performed under a unilateral administrative order or court order4 7d7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #bj1jjj1jjj to remain available until expended4 4 7#b7 ,clerical amendment ,the table of sections in section #b of the ,reclamation ,projects ,authorization and ,adjustment ,act of #aiib is amended by inserting after the item relating to section #afeg the following3 ,sec4 #afeh4 ,lower ,colorado ,river water quality protection projects4 4 #bjd4 ,public information program ,the ,administrator1 acting through the ,director of the ,program and in coordination with ,states1 federally recognized ,indian tribes1 local governments1 and other entities1 shall carry out a public information program to provide information relating to the ,plan and its implementation4 #bje4 ,report ,not later than ,december #ca1 #bjac1 and annually thereafter1 the ,administrator shall submit to ,congress a comprehensive report that describes the costs1 accomplishments1 and outcomes of the activities carried out in the implementation of the ,plan4 ,the report shall include a list of rejected project proposals with explanations for their rejection4 #bjf4 ,compliance with ,state and ,federal law ,nothing in this ,act preempts the authority of any ,federal or ,state agency1 under any ,state or ,federal law1 to prevent1 reduce1 or eliminate pollution in the ,lower ,colorado ,river or to restore or maintain the ecosystem health of the ,lower ,colorado ,river or the authority of a ,federal agency that is being used or may be used to apportion1 release1 and deliver ,lower ,colorado ,river water4