168 
(ii) describes the reasons why the Rec-
lamation program, project, or separable 
element is not included. 
(3) SUBMISSION
TO
CONGRESS; 
PUBLICA-
TION.—Not later than 120 days after the date of ex-
piration of the public comment period under sub-
section (c)(3), the Secretary shall— 
(A) submit the final deauthorization list 
and the appendix under paragraph (2)(B) to 
the Committee on Energy and Natural Re-
sources of the Senate and the Committee on 
Natural Resources of the House of Representa-
tives; and 
(B) publish the final deauthorization list 
and the appendix in the Federal Register. 
(e) DEAUTHORIZATION; CONGRESSIONAL REVIEW.— 
(1) IN GENERAL.—Subject to paragraph (2), ef-
fective beginning on the date that is 180 days after 
the date of submission of the final deauthorization 
list under subsection (d), a Reclamation program, 
project, or separable element of a Reclamation pro-
gram or project included on the list is deauthorized, 
unless Congress passes a joint resolution dis-
approving the final deauthorization report before 
that date. 
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(2) NON-FEDERAL
CONTRIBUTIONS.—A Rec-
lamation program, project, or separable element in-
cluded on the final deauthorization list under sub-
section (d) shall not be deauthorized under this sub-
section if, before the expiration of the 180-day pe-
riod referred to in paragraph (1), the non-Federal 
interest of the Reclamation program, project, or sep-
arable element provides sufficient funds to complete 
the Reclamation program, project, or separable ele-
ment. 
(f) TREATMENT OF PROJECT MODIFICATIONS.—For 
purposes of this section, if an authorized water resources 
development Reclamation program, project, or separable 
element of the program or project has been modified by 
an Act of Congress, the date of authorization of the Rec-
lamation program, project, or separable element shall be 
deemed to be the date of the most recent modification. 
(g) EXEMPTION.—Any Reclamation project that 
would yield an average of more than 200,000 acre-feet of 
water per year shall be exempt from this subsection. 
SEC. 602. ACCELERATED REVENUE, REPAYMENT, AND SUR-
FACE WATER STORAGE ENHANCEMENT. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Accelerated Revenue, Repayment, and Surface Water 
Storage Enhancement Act’’. 
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(b) DEFINITIONS.—In this section: 
(1) ACCOUNT.—The term ‘‘Account’’ means the 
Reclamation Surface Water Storage Account estab-
lished under subsection (f)(1). 
(2) CONSTRUCTION.— 
(A) IN
GENERAL.—The term ‘‘construc-
tion’’ means the designing, materials engineer-
ing and testing, surveying, and building of sur-
face water storage. 
(B) INCLUSIONS.—The term ‘‘construc-
tion’’ includes— 
(i) any addition to existing surface 
water storage; and 
(ii) construction of a new surface 
water storage facility. 
(C) EXCLUSIONS.—The term ‘‘construc-
tion’’ excludes any Federal statutory or regu-
latory obligation relating to any permit, review, 
approval, or other similar requirement. 
(3) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(4) SURFACE
WATER
STORAGE.—The term 
‘‘surface water storage’’ means storage at— 
(A) any federally owned facility under the 
jurisdiction of the Bureau of Reclamation; or 
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(B) any non-Federal facility used for the 
surface storage and supply of water resources. 
(5) TREASURY
RATE.—The term ‘‘Treasury 
rate’’ means the 20-year constant maturity treasury 
rate published by the United States Treasury, as in 
existence on the effective date of the applicable con-
tract. 
(6) WATER USERS ASSOCIATION.— 
(A) IN GENERAL.—The term ‘‘water users 
association’’ means an entity organized and rec-
ognized under State law that is eligible to enter 
into contracts with the Commissioner— 
(i) to receive contract water for deliv-
ery to users of the water; and 
(ii) to pay any applicable charges. 
(B) INCLUSIONS.—The term ‘‘water users 
association’’ includes— 
(i) an association; 
(ii) a conservatory district; 
(iii) an irrigation district; 
(iv) a municipality; and 
(v) a water project contract unit. 
(c) CONVERSION
AND
PREPAYMENT
OF
CON-
TRACTS.— 
(1) CONVERSION.— 
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(A) IN GENERAL.—On receipt of a request 
from a water users association, the Secretary 
shall convert any water service contract in ef-
fect on the date of enactment of this Act be-
tween the United States and the water users 
association to allow for prepayment of the re-
payment contract in accordance with this para-
graph under mutually agreeable terms and con-
ditions. 
(B) MANNER.—The manner of conversion 
under this paragraph shall be as follows: 
(i) Water service contracts entered 
under section 9(c)(2) of the Act of August 
4, 1939 (53 Stat. 1194, chapter 418), to 
be converted under this section shall be 
converted to a contract under section 
9(c)(1) of that Act (53 Stat. 1194, chapter 
418). 
(ii) Water service contracts entered 
into under section 9(e) of the Act of Au-
gust 4, 1939 (53 Stat. 1196, chapter 418), 
to be converted under this section shall be 
converted to repayment contracts under 
section 9(d) of that Act (53 Stat. 1195, 
chapter 418). 
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(2) PREPAYMENT.— 
(A) SECTION 9(c)(1).—Except for a repay-
ment contract under which the applicable water 
users association has previously negotiated for 
prepayment, each repayment contract under 
section 9(c)(1) of the Act of August 4, 1939 
(53 Stat. 1194, chapter 418) (including any 
contract converted pursuant to paragraph 
(1)(B)(i)), in effect on the date of enactment of 
this Act shall, at the request of the water users 
association— 
(i) provide for the repayment in lump 
sum of the remaining construction costs 
identified in an applicable water project- 
specific municipal or industrial rate repay-
ment schedule (as adjusted to reflect pay-
ment not reflected in the schedule) and 
properly assignable for ultimate return by 
the water users association, subject to the 
condition that an estimate of the remain-
ing construction costs, as adjusted, shall be 
provided by the Secretary to the water 
users association by not later than 90 days 
after the date of receipt of the request of 
the water users association; 
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(ii) require that any construction costs 
or other capitalized costs that were in-
curred after the effective date of the con-
tract, were not reflected in the rate sched-
ule referred to in clause (i), or were not 
properly assignable to the water users as-
sociation, and were incurred as a result of 
a collective annual allocation of capital 
costs to the water users association elect-
ing contract conversion under this sub-
section, shall be repaid— 
(I) for costs equal to less than 
$5,000,000, by not later than the date 
that is 5 years after the date of notifi-
cation of the allocation; or 
(II) for costs equal to $5,000,000 
or more, in accordance with applicable 
reclamation laws; and 
(iii) continue in effect for the period 
during which the water users association 
pays applicable charges in accordance with 
section 9(c)(1) of the Act of August 4, 
1939 (53 Stat. 1194, chapter 418), and 
other applicable law. 
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(B) SECTION 9(d).—Except for a repay-
ment contract under which the applicable water 
users association has previously negotiated for 
prepayment, each repayment contract under 
section 9(d) of the Act of August 4, 1939 (53 
Stat. 1195, chapter 418) (including any con-
tract 
converted 
pursuant 
to 
paragraph 
(1)(B)(ii)), in effect on the date of enactment 
of this Act shall, at the request of the water 
users association— 
(i) provide for repayment of the re-
maining construction costs identified in an 
applicable water project-specific irrigation 
rate repayment schedule (as adjusted to 
reflect payment not reflected in the sched-
ule) and properly assignable for ultimate 
return by the water users association in 
lump sum, by accelerated prepayment, or if 
made in approximately equal installments, 
by not later than 3 years after the effective 
date of the repayment contract, subject to 
the conditions that— 
(I) the amount shall be dis-
counted by 1⁄2 the Treasury rate; and 
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(II) the estimate of the remain-
ing construction costs, as adjusted, 
shall be provided by the Secretary to 
the water users association by not 
later than 90 days after the date of 
receipt of the request of the water 
users association; 
(ii) require that any construction costs 
or other capitalized costs that were in-
curred after the effective date of the con-
tract, were not reflected in the rate sched-
ule referred to in clause (i), or were not 
properly assignable to the water users as-
sociation, and were incurred as a result of 
a collective annual allocation of capital 
costs to the water users association elect-
ing contract conversion under this sub-
section, shall be repaid— 
(I) for costs equal to less than 
$5,000,000, by not later than the date 
that is 5 years after the date of notifi-
cation of the allocation; or 
(II) for costs equal to $5,000,000 
or more, in accordance with applicable 
reclamation laws; 
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(iii) provide that power revenues will 
not be available to aid in repayment of 
construction costs allocated to irrigation 
under the contract; and 
(iv) continue in effect for the period 
during which the water users association 
pays applicable charges in accordance with 
section 9(d) of the Act of August 4, 1939 
(53 Stat. 1195, chapter 418), and other 
applicable law. 
(3) TREATMENT.—A contract entered into pur-
suant to this subsection— 
(A) shall not be adjusted on the basis of 
the type of prepayment financing used by the 
applicable water users association; 
(B) shall conform to any other applicable 
agreement, such as a settlement agreement or 
a new constructed appurtenant facility agree-
ment; and 
(C) shall not modify any other— 
(i) water service, repayment, ex-
change, or transfer contractual right be-
tween the water users association, and the 
Bureau of Reclamation; or 
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(ii) right, obligation, or relationship of 
the water users association and an applica-
ble landowner in accordance with State 
law. 
(d) ACCOUNTING.— 
(1) ADJUSTMENT.—The amounts paid pursuant 
to subsection (c) shall be subject to adjustment fol-
lowing a final cost allocation by the Secretary. 
(2) DEFICIENCIES.— 
(A) IN GENERAL.—If the final cost alloca-
tion under paragraph (1) indicates that the 
costs properly assignable to a water users asso-
ciation are greater than the costs paid by the 
water users association, the water users associa-
tion shall be obligated to pay to the Secretary 
the remaining allocated costs under an addi-
tional repayment contract under subparagraph 
(B). 
(B) 
ADDITIONAL
REPAYMENT
CON-
TRACTS.—An additional repayment contract re-
quired by subparagraph (A) shall— 
(i) have a term of— 
(I) not less than 1 year; and 
(II) not more than 10 years; and 
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(ii) include such mutually agreeable 
provisions regarding the rate of repayment 
of the deficient amount as may be devel-
oped by the parties. 
(3) OVERPAYMENTS.—If the final cost alloca-
tion under paragraph (1) indicates that the costs 
properly assignable to a water users association are 
less than the costs paid by the water users associa-
tion, the Secretary shall credit the amount of the 
overpayment as an offset against any outstanding or 
future obligation of the water users association with 
the exception of Restoration Fund charges pursuant 
to section 3407(d) of Public Law 102–575. 
(e) APPLICABILITY OF CERTAIN PROVISIONS.— 
(1) EFFECT OF EXISTING LAW.—On compliance 
by a water users association with, and discharge of 
the obligation of repayment of the construction costs 
pursuant to, a contract entered into under to sub-
section (c)(2)(B), subsections (a) and (b) of section 
213 of the Reclamation Reform Act of 1982 (43 
U.S.C. 390mm) shall apply to any affected land. 
(2) EFFECT OF OTHER OBLIGATIONS.—The ob-
ligation of a water users association to repay any 
construction costs or other capitalized cost described 
in subparagraph (A)(ii) or (B)(ii) of subsection 
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(c)(2), or subsection (d), shall not, on repayment, af-
fect— 
(A) the status of the water users associa-
tion as having repaid all of the construction 
costs assignable to the water users association; 
or 
(B) the applicability of subsection (a) or 
(b) of section 213 of the Reclamation Reform 
Act of 1982 (43 U.S.C. 390mm). 
(f) SURFACE WATER STORAGE ENHANCEMENT PRO-
GRAM.— 
(1) ESTABLISHMENT OF ACCOUNT.—The Sec-
retary shall establish an account, to be known as the 
‘‘Reclamation Surface Storage Account’’, consisting 
of such amounts as are deposited in the Account 
under paragraph (2), to fund the construction of 
surface water storage. 
(2) DEPOSITS.—Not later than 3 years after 
the date of enactment of this Act, an amount equal 
to 50 percent of receipts generated from the prepay-
ment of contracts under this section in excess of 
amounts necessary to cover the amount of receipts 
forgone from scheduled payments under applicable 
law in effect on that date of enactment during the 
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10-year period beginning on that date of enactment 
shall be deposited in the Account. 
(3) USE.— 
(A) 
COOPERATIVE
AGREEMENTS.—The 
Secretary may— 
(i) enter into cooperative agreements 
with water users associations for the con-
struction of surface water storage; and 
(ii) use amounts in the Account to 
fund construction under such a cooperative 
agreement. 
(B) TREATMENT.—A surface water stor-
age project that is otherwise not federally au-
thorized shall not be considered to be a Federal 
facility as a result of the allocation of any 
amount from the Account for any portion of the 
project. 
(4) REPAYMENT.—Any amount from the Ac-
count used for surface water storage construction 
shall be fully reimbursed to the Account in accord-
ance with applicable requirements under the rec-
lamation laws, except that all funds reimbursed shall 
be deposited in the Account. 
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(5) AVAILABILITY OF AMOUNTS.—The amounts 
deposited in the Account under this subsection 
shall— 
(A) be made available for the storage 
projects identified in section 402, subject to ap-
propriation; and 
(B) be in addition to amounts appropriated 
for those purposes under any other provision of 
law. 
(6) PURPOSES OF SURFACE WATER STORAGE.— 
The construction of surface water storage under this 
section shall be made available for the federally 
owned and State-led storage projects pursued under 
this Act, provided that funds are limited to the Fed-
eral cost-share (up to 25 percent for State-led 
projects and up to 50 percent for federally owned 
projects). 
(g) EFFECT OF SECTION.—Nothing in this section— 
(1) alters the repayment obligation of any water 
service or repayment contractor receiving water from 
a water project, or shifts any costs that would other-
wise have been properly assignable to a water users 
association described in subsection (c) or another 
contractor, absent this section, including operation 
and maintenance costs, construction costs, or other 
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capitalized costs incurred after the date of enact-
ment of this Act; 
(2) alters any specific requirement for the dis-
position of amounts received as repayments by the 
Secretary under the reclamation laws; or 
(3) except as expressly provided in this section, 
alters any obligations under the Reclamation Law, 
including the continuation of Restoration Fund 
charges pursuant to section 3407(d) (Public Law 
102–575), of the water service and repayment con-
tractors making prepayments pursuant to this sec-
tion. 
TITLE VII—DURATION AND EF-
FECT ON EXISTING OBLIGA-
TIONS 
SEC. 701. SAVINGS CLAUSE. 
(a) IN GENERAL.—This Act shall not be interpreted 
or implemented in a manner that— 
(1) preempts or modifies any obligation of the 
United States to act in conformance with applicable 
State law, including applicable State water law; 
(2) affects or modifies any obligation under the 
Central Valley Project Improvement Act (Public 
Law 102–575; 106 Stat. 4706), except for the pro-
cedural provisions relating to public input and sav-
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ings provisions for the Stanislaus River predator 
management program expressly established by sec-
tions 203 and 502; or 
(3) overrides, modifies, or amends the applica-
bility of the Endangered Species Act of 1973 (16 
U.S.C. 1531 et seq.) or the application of the smelt 
and salmonid biological opinions to the operation of 
the Central Valley Project or the State Water 
Project. 
(b) SEVERABILITY.—If any provision of this Act, or 
any application of such provision to any person or cir-
cumstance, is held to be inconsistent with any law or the 
biological opinions, the remainder of this Act and the ap-
plication of this Act to any other person or circumstance 
shall not be affected. 
SEC. 702. TERMINATION. 
All of title III (relating to California emergency 
drought relief and operational flexibility), except for sub-
sections (a) through (d) of section 301, and title IV (relat-
ing to water rights) shall expire on the date that is the 
later of— 
(1) the date on which the Governor of the State 
of California declares an end to the State drought 
emergency; or 
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(2) September 30, 2017. 
Æ 
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