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<br />CONDITIONS FOR IMPLEMENTATION <br /> <br />~ <br />H-'" <br />lO <br />*'" <br /> <br />NEPA Compliance <br /> <br />. Proposals can be ranked and scheduled for implementation but must <br />complete NEPA compliance before funding or commitment of funding is <br />made. <br /> <br />. NEPA compliance may tier off existing NEPA documents prepared by <br />Reclamation, BLM, and USDA. <br /> <br />. Mitigat:ion may be implemented by proponent: or by gove=ent. Either <br />way, the cost and impact: will be included in the ranking. If NEPA <br />compliance ident:ifies impacts which were not included in t:he original <br />proposal, the proposal will be re-ranked. <br /> <br />Special Requirements for Non-Federally Financed Projects <br /> <br />Section 208 of the Salinit:y Cont:rol Act: was amended to authorize t:he <br />appropriation of an additional $75,0000 for the construction federally <br />financed improvement:s described in sect:ion 202 (a) . The int:ent: of this ceiling <br />is to fund Reclamation's capital improvement program for about 5 to 6 years, <br />depending upon actual appropriations. This legislation allows Reclamation new <br />flexibility in looking for the most cost-effective projects and these projects <br />are authorized by section 202(a) (6). <br /> <br />Non-federally financed projects are also authorized by section 202(a) (6) and <br />will be repaid from operations and maintenance appropriations. Because non- <br />federally financed projects may require contracts of up to 30 years in <br />duration, this class of projects will be reviewed by ~he committees of <br />Congress on a case-by-case basis, Capital for non-federally financed projects <br />would come from private, local or state governments, or some other non-"federal <br />source. The advantage of non-federal projects is that it would shift risk and <br />fiscal responsibility to the private sector. Project proposals would be <br />ranked against: one another based on cost-effectiveness and risk factors. If <br />cost-effective, non-federal projects would contract with the gove=ent to <br />repay their investment in annual installments. To be practical, non-federally <br />financed projects will need to be able to mortgage their capital costs over a <br />period of up to 30 years. Contracts between t:he gove=ent: and t:he non- <br />federal entity will need to commit the government to longterm repayment. Such <br />a long-term cont:ractual commitment on the part: of the gove=ent should be <br />approved by Congress in advance. <br /> <br />To retain fiscal control by the Congress, non-federal project:s (not included <br />in the $75,000,000 construction ceiling) shall be reported to Congress using <br />the procedures set forth in section 202 (a) (6). This requirement is modelled <br />after t:he controls placed on the USDA in section 202(c) (3) in the 1984 <br />amendments. For Department of Agriculture project:s, section 202(c) (3) <br />requires reports be submitted to the appropriat:e committees of Congress and <br />that no funds bs expended unt:il the expiration of sixty days after the <br />submission of the report. Section 202(a) (6) stipulates that the Secretary of <br />t:he Interior may not expend funds until the expiration of a 30-day periOd <br />beginning on the date on which the Secretary submits such report to Congress. <br /> <br />18 <br />