120 STAT. 3354
Federal Register, publication. Notice.
VerDate 14-DEC-2004
12:05 Jul 13, 2007
Jkt 059194
PUBLIC LAW 109–451—DEC. 22, 2006 (aa) at least 25 percent of the total construction costs; and (bb) determined based on an analysis of the capability-to-pay information considered under subsections (c)(9) and (f); and (ii) if the Secretary recommends that the project should be authorized for construction— (I) what amount of grants, loan guarantees, or combination of grants and loan guarantees should be used to provide the Federal cost share; (II) a schedule that identifies the annual operations, maintenance, and replacement costs that should be allocated to each non-Federal entity participating in the rural water supply project; and (III) an assessment of the financial capability of each non-Federal entity participating in the rural water supply project to pay the allocated annual operation, maintenance, and replacement costs for the rural water supply project; (B) submit the report to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives; (C) make the report publicly available, along with associated study documents; and (D) publish in the Federal Register a notice of the availability of the results. (f) CAPABILITY-TO-PAY.— (1) IN GENERAL.—In evaluating a proposed rural water supply project under this section, the Secretary shall— (A) consider the financial capability of any non-Federal project entities participating in the rural water supply project to pay 25 percent or more of the capital construction costs of the rural water supply project; and (B) recommend an appropriate Federal share and nonFederal share of the capital construction costs, as determined by the Secretary. (2) FACTORS.—In determining the financial capability of non-Federal project entities to pay for a rural water supply project under paragraph (1), the Secretary shall evaluate factors for the project area, relative to the State average, including— (A) per capita income; (B) median household income; (C) the poverty rate; (D) the ability of the non-Federal project entity to raise tax revenues or assess fees; (E) the strength of the balance sheet of the non-Federal project entity; and (F) the existing cost of water in the region. (3) INDIAN TRIBES.—In determining the capability-to-pay of Indian tribe project beneficiaries, the Secretary may consider deferring the collection of all or part of the non-Federal construction costs apportioned to Indian tribe project beneficiaries unless or until the Secretary determines that the Indian tribe project beneficiaries should pay— (A) the costs allocated to the beneficiaries; or (B) an appropriate portion of the costs.
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