120 STAT. 3352
Grants. Contracts.
Notification.
VerDate 14-DEC-2004
12:05 Jul 13, 2007
PUBLIC LAW 109–451—DEC. 22, 2006
(B) submitted to the Secretary by the non-Federal project entity; or (3)(A) provide a grant to, or enter into a cooperative agreement with, a non-Federal project entity to conduct a feasibility study, for submission to the Secretary, if the Secretary determines that— (i) the non-Federal entity is qualified to complete the feasibility study in accordance with the criteria promulgated under subsection (d); and (ii) using the non-Federal project entity to conduct the feasibility study is a cost-effective alternative for completing the appraisal investigation; or (B) if the Secretary determines not to provide a grant to, or enter into a cooperative agreement with, a non-Federal project entity under subparagraph (A), provide to the nonFederal project entity notice of the determination, including an explanation of the reason for the determination. (b) REVIEW OF NON-FEDERAL FEASIBILITY STUDIES.— (1) IN GENERAL.—In conducting a review of a feasibility study submitted under paragraph (2) or (3) of subsection (a), the Secretary shall— (A) in accordance with the feasibility factors described in subsection (c) and the criteria promulgated under subsection (d), assess the completeness of the feasibility study; and (B) if the Secretary determines that a feasibility study is not complete, notify the non-Federal entity of the determination. (2) REVISIONS.—If the Secretary determines under paragraph (1)(B) that a feasibility study is not complete, the nonFederal entity shall pay any costs associated with revising the feasibility study. (c) FEASIBILITY FACTORS.—Feasibility studies authorized or reviewed under this title shall include an assessment of— (1) near- and long-term water demand in the area to be served by the rural water supply project; (2) advancement of public health and safety of any existing rural water supply project and other benefits of the proposed rural water supply project; (3) alternative new water supplies in the study area, including any opportunities to treat and use low-quality water, nonpotable water, water reuse-based supplies, and brackish and saline waters through innovative and economically viable treatment technologies; (4) environmental quality and source water protection issues related to the rural water supply project; (5) innovative opportunities for water conservation in the study area to reduce water use and water system costs, including— (A) nonstructural approaches to reduce the need for the project; and (B) demonstration technologies; (6) the extent to which the project and alternatives take advantage of economic incentives and the use of market-based mechanisms; (7)(A) the construction costs and projected operations, maintenance, and replacement costs of all alternatives; and
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