es, picnic areas, parking facilities associated
with Federal reclamation projects; and
‘‘(B) addition of public access facilities.
‘‘(5) ARCHAEOLOGICAL
SURVEYS.—Site clear-
ances.
‘‘(b) ADDITIONAL ACTIVITIES.—The Secretary may
add to the list referred to in subsection (a) as he deems
appropriate, except that any such addition shall not take
effect until 60 days after the Secretary publishes a notice
of the proposed addition in the Federal Register and has
notified the Committee on Resources of the House of Rep-
resentatives and the Committee on Energy and Natural
Resources of the United States Senate in writing of the
proposed addition and the reasons therefor.
‘‘SEC. 204. APPLICATION PROCESS.
‘‘(a) NOTICE
OF INTENT.—Each applicant for a
grant or loan under this title shall submit a Notice of In-
tent to the Secretary outlining the proposed project and
the public benefits thereof. The Secretary shall provide a
written response to the applicant within 30 days of receiv-
ing the application either affirming or rejecting Bureau
of Reclamation interest in participating in the project.
‘‘(b) NOTICE OF FEDERAL INTEREST.—Upon notifi-
cation of a Bureau of Reclamation interest, the applicant
shall have the option of proceeding with an appropriate
loan or grant application giving details of the project and
the associated public benefits.
‘‘(c) CONTENTS.—The contents of any project pro-
posal under this title shall include, but need not be limited
to, each of the following:
‘‘(1) A resolution by the board of directors of
the qualifying organization stating—
‘‘(A) the total estimated cost;
‘‘(B) the amount of the grant or loan re-
quested;
‘‘(C) the amount of the local contribution
for the grant;
‘‘(D) the sponsor’s ability to finance and
construct the project; and
‘‘(E) the project objectives.
‘‘(2) A summary of the proposal.
‘‘(3) A brief description of the anticipated ef-
fects of the project on the natural, as well as man-
made environment.
‘‘(4) Evidence that the applicant has all lands
and water rights needed for the project, or can ob-
tain them.
‘‘(5) A description of the project plan, including
a general map showing the location of proposed
physical features, sufficient engineering drawings of
major and typical structures, and general standards
for design.
‘‘(6) A construction schedule, if applicable, with
dates and schedule of funding requirements under
this title, in sufficient detail to permit analysis of
the proposed construction program.
‘‘(7) A determination of those portions of the
project costs which constitute the Federal grant/loan
amounts and the applicant’s local contribution.
‘‘(d) COSTS.—The cost of any investigations and
preparation of any environmental documentation shall be
borne by the project applicant and any such costs shall
be credited as part of the local cost share for grant fund-
ing.
‘‘(e) QUARTERLY LISTING.—The Secretary shall pub-
lish on a quarterly basis in the Federal Register a listing
of the activities and total funding required for work com-
mitted under this title.
‘‘SEC. 205. TERMS AND CONDITIONS OF PROJECT WORK.
‘‘The Secretary shall examine the proposal submitted
under this title to determine if the project can reasonably
be expected to accomplish its purpose. Once approved by
the Secretary, funding, subject to the availability of appro-
priations or funds from repayments, shall be provided
within 60 days for the schedule of work within that fiscal
year.
‘‘TITLE III—LOAN GUARANTEES
‘‘SEC. 301. ESTABLISHMENT OF LOAN GUARANTEE PRO-
GRAM.
‘‘There is hereby established within the Department
of the Interior’s Bureau of Reclamation a demonstration
program under this title to guarantee loans for projects
receiving, or eligible to receive, loans or grants under title
I or II of this Act.
‘‘SEC. 302. PROGRAM REQUIREMENTS.
‘‘(a) IN GENERAL.—The Secretary may provide sup-
port under the demonstration program to organizations
through the provision of loan guarantees to such pro-
grammatic needs as authorized under titles I and II of
this Act under such terms and conditions specified in this
section and under applicable laws. Any proposal for a
project submitted under this title shall set forth a plan
and estimated cost in detail comparable to those included
in preauthorization reports required for a Federal rec-
lamation project.
‘‘(b) FUNDING LIMIT.—The Secretary is authorized
to use up to 10 percent of the amounts available under
this Act for the loan guarantee demonstration program
under this title over the 6 fiscal years commencing after
the enactment of this title.
‘‘(c) SELECTION
OF RECIPIENTS.—The Secretary
shall use competitive procedures in the selection of entities
to receive loan guarantees under this section. The criteria
used for the selection of the entities to receive the loan
guarantee under this section shall include, at a minimum,
the following:
‘‘(1) The extent to which the loan guarantees
would support new water supplies or more efficient
use of existing supplies.
‘‘(2) The extent to which the loan guarantees
are necessary as a result of no other financing mech-
anism being available to the requesting entity.
‘‘(3) The extent to which the loan guarantee
can be repaid in the shortest period possible.
‘‘(4) The extent to which the loan guarantee
would provide for a project of wide public purpose.
‘‘(5) The extent to which the loan guarantee
would alleviate a problem with a Federal or State
environmental statute or mandate.
‘‘(6) The ability of the program to assist other
local water purveyors.
‘‘(7) The extent to which the program would
supplement, rather than duplicate, other available
water resource programs.
‘‘(8) The likelihood that, within 10 years after
the commencement of assistance for a program
under this section that assistance from the Bureau
of Reclamation will not be necessary to sustain the
program.
‘‘(9) The extent to which the annual use of loan
guarantee ceiling authority has not created an undue
fiscal burden on the reclamation program.
‘‘(d) APPORTIONMENT.—The total amount available
for request by the Administration for a fiscal year to cover
the costs of loan guarantees under this section shall be
divided between projects receiving or eligible to receive
loans under titles I and II with title I projects receiving
75 percent and title II projects receiving 25 percent.
‘‘(e) MAXIMUM.—The maximum allowable guarantee
percentage for loans guaranteed under this section may
not exceed 75 percent of the total project cost.
‘‘(f) REPAYMENT.—As the project sponsor repays
such guaranteed loan, the ceiling authority used under
this section for such guarantee shall revert back to the
10 percent ceiling authorized under this section to serve
as the basis for future loan guarantees. Applicable report
and document requirements authorized under amend-
ments contained in titles I and II shall similarly apply to
loan guarantee projects.
‘‘(g) STATE LAW.—For purposes of this Act, any
bonds issued under this section by an entity receiving loan
guarantees under this section shall be considered federally
guaranteed tax-exempt bonds under applicable State law.
‘‘(h) FULL FAITH AND CREDIT.—Any loan guarantee
issued pursuant to this section shall constitute an obliga-
tion, in accordance with the terms of such guarantee, of
the United States Government, and the full faith and cred-
it of the United States is hereby pledged to the full per-
formance of the obligations.
‘‘(i) REPORT.—At the end of the third fiscal year
after the enactment of this Act, the Secretary shall submit
a report to Congress on the beneficial use and suggested
improvements associated with the use of loan guarantees
as a mechanism for project construction.
‘‘TITLE IV—GENERAL
PROVISIONS
‘‘SEC. 401. PROPOSAL FEE.
‘‘Each proposal for a loan, grant, or loan guarantee
under this Act shall be accompanied by a payment of
$5,000 plus $1,000 for each $1,000,000 of the estimated
Federal share of project costs, or portion thereof to defray
in part the costs of examining the proposal. Fifty percent
of the payment shall accompany the application and the
remaining 50 percent shall be due upon approval of the
project by the Secretary, if approved.
‘‘SEC. 402. MISCELLANEOUS PROVISIONS.
‘‘(a) TITLE.—Title to all project works and facilities
constructed with assistance under this Act shall remain
in the name of the organization.
‘‘(b) COMBINED LOANS AND GRANTS.—Nothing con-
tained in this Act shall preclude the making of more than
one loan or grant, or combined loan and grant, to an orga-
nization so long as no two such loans or grants, or com-
binations thereof, are for the same project, as herein de-
fined.
‘‘(c) PLANNING, CONSTRUCTION, OPERATION, AND
MAINTENANCE.—The recipient of each loan, grant, or
loan guarantee under this Act shall be solely responsible
for planning, constructing, operating, and maintaining
any project receiving a loan or grant under this title.
‘‘SEC. 403. INFORMATION AVAILABILITY.
‘‘Upon request of an organization which has made or
intends to make a proposal under this Act, the head of
any Federal department or agency may make available to
the organization any existing engineering, economic, hy-
drologic, or other appropriate information and printed ma-
terial that it may have and that will be useful in connec-
tion with the planning, design, construction, or operation
and maintenance of the project concerned. The reasonable
cost of any plans, specifications, and other unpublished
material furnished by the Secretary pursuant to this sec-
tion and the cost of making and administering any provi-
sion under this Act shall, to the extent that they would
not be nonreimbursable in the case of a project con-
structed under the Federal Reclamation Laws, be treated
as a loan and covered in the provisions of the contract
entered into under section 105 unless they are otherwise
paid for by the organization.
‘‘SEC. 404. COMPLIANCE WITH FISH AND WILDLIFE COORDI-
NATION ACT.
‘‘For those projects where the planning and construc-
tion of projects undertaken pursuant to this Act is subject
to the provisions of the Fish and Wildlife Coordination
Act, the cost of such provisions shall be a Federal expense
and the Secretary is authorized, as may be provided in
Appropriation Acts, to transfer to the Fish and Wildlife
Service or to the National Marine Fisheries Service, such
funds as may be necessary to conduct the investigations
required to carry out the purposes of this Act, except that
the Secretary may not use any funds appropriated for the
purposes of projects or programs under the Bureau of
Reclamation.’’.
(d) CONFORMING AMENDMENTS.—(1) Sections 9
through 13 of such Act are redesignated as sections 405
through 409 respectively.
(2) Section 406 of such Act, as redesignated by para-
graph (1) of this subsection, is amended by striking ‘‘sec-
tion 3’’ and inserting ‘‘title I’’.
(3) Section 402 of such Act, as redesignated by para-
graph (1) of this subsection, is amended by striking ‘‘sec-
tion 4(c)’’ and inserting ‘‘title I’’.
SEC. 3. REGULATIONS.
Within 120 days after the enactment of this Act, the
Secretary of the Interior shall promulgate such regulations
as may be necessary to carry out the amendments made
by this Act.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall take effect
on the date of the enactment of this Act. Nothing in this
Act or in any amendment made by this Act shall affect
any loan or grant that has been approved before the date
of the enactment of this Act.
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