114 STAT. 3066 PUBLIC LAW 106-576—DEC. 28, 2000 the State, shall develop and publish criteria to determine which projects would qualify and have the highest priority for financing under this Act. Such criteria shall address, at a minimum— (1) how the project relates to the near- and long-term water demands and supplies in the study area, including how the project would affect the need for development of new or expanded water supplies; (2) the relative amount of water (acre feet) to be conserved pursuant to the project; (3) whether the project would provide operational efficiency improvements or achieve water, energy, or economic savings (or any combination of the foregoing) at a rate of acre feet of water or kilowatt energy saved per dollar expended on the construction of the project; and (4) if the project proponents have met the requirements specified in subsection (c). (c) PROJECT REQUIREMENTS.— ^A project sponsor seeking Federal funding under this program shall— Reports. (1) provide a report, prepared by the Bureau of Reclamation or prepared by any competent engineering entity and reviewed by the Bureau of Reclamation, that includes, among other matters— (A) the total estimated project cost; (B) an analysis showing how the project would reduce, postpone, or eliminate development of new or expanded water supplies; (C) a description of conservation measures to be taken pursuant to the project plans; (D) the near- and long-term water demands and supplies in the study area; and (E) engineering plans and designs that demonstrate that the project would provide operational efficiency improvements or achieve water, energy, or economic savings (or any combination of the foregoing) at a rate of acre feet of water or kilowatt energy saved per dollar expended on the construction of the project; (2) provide a project plan, including a general map showing the location of the proposed physical features, conceptual engineering drawings of structures, and general standards for design; and (3) sign a cost-sharing agreement with the Secretary that commits the non-Federal project sponsor to funding its proportionate share of the project's construction costs on an annual basis. (d) FINANCIAL CAPABILITY.— Before providing funding for a project to the non-Federal project sponsor, the Secretary shall determine that the non-Federal project sponsor is financially capable of funding the project's non-Federal share of the project's costs. (e) REVIEW PERIOD.— Within 1 year after the date a project is submitted to the Secretary for approval, the Secretary, subject to the availability of appropriations, shall determine whether the project meets the criteria established pursuant to this section. (f) REPORT PREPARATION; REIMBURSEMENT.— Project sponsors may choose to contract with the Secretary to prepare the reports required under this section. All costs associated with the preparation of the reports by the Secretary shall be 50 percent reimbursable by the non-Federal sponsor.
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