Page:United States Statutes at Large Volume 123.djvu/1386

 123STA T . 13 6 6 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9exp e ct e dwa te rsu pp lyim pacts t oF ria n t D i v ision lon g- term contractors caused b yt h e I nterim or R estoration Flows author- i z edinpartIo f this subtitle , and such q uantities have not already been reduced, avoided, or offset by other programs or pro j ects .(2) Federal financial assistance shall only apply to the portion of a project that the local agency designates as reducing, avoiding, or offsetting the expected water supply impacts caused by the Interim or Restoration Flows authorized in part I of this subtitle, consistent with the methodology developed pursu- ant to paragraph ( 3 )( C ). (3) N o Federal financial assistance shall be provided by the S ecretary under this part for construction of a project under subsection (a) unless the Secretary — ( A ) determines that appropriate planning, design, and environmental compliance activities associated with such a project have been completed, and that the Secretary has been offered the opportunity to participate in the project at a price that is no higher than the local agency ’ s own costs, in order to secure necessary storage, extraction, and conveyance rights for water that may be needed to meet the Restoration G oal as described in part I of this subtitle, where such project has capacity beyond that des- ignated for the purposes in paragraph (2) or where it is feasible to expand such project to allow participation by the Secretary ( B ) determines, based on information available at the time, that the local agency has the financial capability and willingness to fund its share of the project’s construc- tion and all operation and maintenance costs on an annual basis; (C) determines that a method acceptable to the Sec- retary has been developed for quantifying the benefit, in terms of reduction, avoidance, or offset of the water supply impacts expected to be caused by the Interim or Restoration Flows authorized in part I of this subtitle, that will result from the project, and for ensuring appropriate adjustment in the recovered water account pursuant to section 10 00 4 (a)( 5 ); and (D) has entered into a cost-sharing agreement with the local agency which commits the local agency to funding its share of the project’s construction costs on an annual basis. (c) G UIDEL I N E S .— W ithin 1 year from the date of enactment of this part, the Secretary shall develop, in consultation with the Friant Division long-term contractors, proposed guidelines for the application of the criteria defined in subsection (b), and will ma k e the proposed guidelines available for public comment. Such guide- lines may consider prioritizing the distribution of available funds to projects that provide the broadest benefit within the affected area and the equitable allocation of funds. U pon adoption of such guidelines, the Secretary shall implement such assistance program, subject to the availability of funds appropriated for such purpose. (d) C O S T S HAR IN G .— T he Federal financial assistance provided to local agencies under subsection (a) shall not exceed— Deadlin e .Pub li c c om men t . C ont r act s . Determinations. Ap plicabilit y .