Page:United States Statutes at Large Volume 120.djvu/3381

 120 STAT. 3350

(E) the extent to which the project provides environmental benefits, including source water protection; (F) whether the project applies a regional or watershed perspective and promotes benefits in the region in which the project is carried out; (G) whether the project— (i)(I) implements an integrated resources management approach; or (II) enhances water management flexibility, including providing for— (aa) local control to manage water supplies under varying water supply conditions; and (bb) participation in water banking and markets for domestic and environmental purposes; and (ii) promotes long-term protection of water supplies; (H) preliminary cost estimates for the project; and (I) whether the non-Federal project entity has the capability to pay 100 percent of the costs associated with the operations, maintenance, and replacement of the facilities constructed or developed as part of the rural water supply project; and (2) provides recommendations on whether a feasibility study should be initiated under section 106(a). (d) APPRAISAL CRITERIA.— (1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, the Secretary shall promulgate criteria (including appraisal factors listed under subsection (c)) against which the appraisal investigations shall be assessed for completeness and appropriateness for a feasibility study. (2) INCLUSIONS.—To minimize the cost of a rural water supply project to a non-Federal project entity, the Secretary shall include in the criteria methods to scale the level of effort needed to complete the appraisal investigation relative to the total size and cost of the proposed rural water supply project. (e) REVIEW OF APPRAISAL INVESTIGATION.— (1) IN GENERAL.—Not later than 90 days after the date of submission of an appraisal investigation under paragraph (1) or (3) of subsection (a), the Secretary shall provide to the non-Federal entity that conducted the investigation a determination of whether the investigation has included the information necessary to determine whether the proposed rural water supply project satisfies the criteria promulgated under subsection (d). (2) NO SATISFACTION OF CRITERIA.—If the Secretary determines that the appraisal investigation submitted by a nonFederal entity does not satisfy the criteria promulgated under subsection (d), the Secretary shall inform the non-Federal entity of the reasons why the appraisal investigation is deficient. (3) RESPONSIBILITY OF SECRETARY.—If an appraisal investigation as first submitted by a non-Federal entity does not provide all necessary information, as defined by the Secretary, the Secretary shall have no obligation to conduct further analysis until the non-Federal project entity submitting the appraisal study conducts additional investigation and resubmits the appraisal investigation under this subsection.

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12:05 Jul 13, 2007

PUBLIC LAW 109–451—DEC. 22, 2006

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