,i #aacth ,,congress #b;d ,session ,h4 ,r4 #ciha ,,in ,,the ,,house ,,of ,,representatives ,january #ca1 #bjad,mr4 ,hastings of ,washington introduced the following bill2 which was referred to the ,committee on ,natural ,resources ,a ,,bill ,to direct the ,secretary of the ,interior to allow for prepayment of repayment contracts between the ,united ,states and water users1 to provide surface water storage enhancement1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,accelerated ,revenue1 ,repayment1 and ,surface ,water ,storage ,enhancement ,act4 #b4 ,prepayment of certain repayment contracts between the ,united ,states and contractors of federally developed water supplies 7a7 ,conversion and prepayment of contracts 7#a7 ,conversion ,upon request of the contractor1 the ,secretary of the ,interior shall convert any water service contract in effect on the date of enactment of this ,act and between the ,united ,states and a water users' association to allow for prepayment of the repayment contract pursuant to paragraph 7#b7 under mutually agreeable terms and conditions4 ,the manner of conversion under this paragraph shall be as follows3 7,a7 ,water service contracts that were entered into under section #i7;e7 of the ,act of ,august #d1 #aici 7#ec ,stat4 #aaif71 to be converted under this section shall be converted to repayment contracts under section #i7;d7 of that ,act 7#ec ,stat4 #aaie74 7,b7 ,water service contracts that were entered under subsection 7c77#b7 of section #i of the ,act of ,august #d1 #aici 7#ec ,stat4 #aaid71 to be converted under this section shall be converted to a contract under subsection 7c77#a7 of section #i of that ,act 7#ec ,stat4 #aaie74 7#b7 ,prepayment ,all contracts converted pursuant to paragraph 7#a77;,a7 shall-- 7,a7 upon request of the contractor1 provide for the repayment1 either in lump sum or by accelerated prepayment1 of the remaining net present value of the construction costs identified in water project specific irrigation rate repayment schedules1 as adjusted to reflect payment not reflected in such schedule1 and properly assignable for ultimate return by the contractor1 or if made in approximately equal installments1 no later than #c years after the effective date of the repayment contract2 such amount to be discounted by #a_/b the ,treasury rate4 ,an estimate of the remaining net present value of construction costs1 as adjusted1 shall be provided by the ,secretary to the contractor no later than #cj days following receipt of request of the contractor2 7,b7 require that construction costs or other capitalized costs incurred after the effective date of the contract or not reflected in the rate schedule referenced in subparagraph 7,a71 and properly assignable to such contractor shall be repaid in not more than #e years after notification of the allocation if such amount is a result of a collective annual allocation of capital costs to the contractors exercising contract conversation under this subsection of less than #e1jjj1jjj4 ,if such amount is #e1jjj1jjj or greater1 such cost shall be repaid as provided by applicable reclamation law2 7,c7 provide that power revenues will not be available to aid in repayment of construction costs allocated to irrigation under the contract2 and 7,d7 continue so long as the contractor pays applicable charges1 consistent with section #i7;c77#a7 of the ,act of ,august #d1 #aici 7#ec ,stat4 #aaie71 and applicable law4 7#c7 ,contract requirements ,the following shall apply with regard to all contracts converted pursuant to paragraph 7#a77;,b73 7,a7 ,upon request of the contractor1 provide for the repayment in lump sum of the remaining net present value of construction costs identified in water project specific municipal and industrial rate repayment schedules1 as adjusted to reflect payments not reflected in such schedule1 and properly assignable for ultimate return by the contractor4 ,an estimate of the remaining net present value of construction costs1 as adjusted1 shall be provided by the ,secretary to the contractor no later than #cj days after receipt of request of contractor4 7,b7 ,the contract shall require that construction costs or other capitalized costs incurred after the effective date of the contract or not reflected in the rate schedule referenced in subparagraph 7,a71 and properly assignable to such contractor1 shall be repaid in not more than #e years after notification of the allocation if such amount is a result of a collective annual allocation of capital costs to the contractors exercising contract conversation under this subsection of less than #e1jjj1jjj4 ,if such amount is #e1jjj1jjj or greater1 such cost shall be repaid as provided by applicable reclamation law2 and 7,c7 ,continue so long as the contractor pays applicable charges1 consistent with section #i7;c77#a7 of the ,act of ,august #d1 #aici 7#ec ,stat4 #aaie71 and applicable law4 7#d7 ,conditions ,all contracts entered into pursuant to paragraphs 7#a71 7#b71 and 7#c7 shall-- 7,a7 not be adjusted on the basis of the type of prepayment financing used by the water users' association2 7,b7 conform to any other agreements1 such as applicable settlement agreements and new constructed appurtenant facilities2 and 7,c7 not modify other water service1 repayment1 exchange and transfer contractual rights between the water users' association1 and the ,bureau of ,reclamation1 or any rights1 obligations1 or relationships of the water users' association and their landowners as provided under ,state law4 7b7 ,accounting ,the amounts paid pursuant to subsection 7a7 shall be subject to adjustment following a final cost allocation by the ,secretary of the ,interior4 ,in the event that the final cost allocation indicates that the costs properly assignable to the contractor are greater than what has been paid by the contractor1 the contractor shall be obligated to pay the remaining allocated costs4 ,the term of such additional repayment contract shall be not less than one year and not more than #aj years1 however1 mutually agreeable provisions regarding the rate of repayment of such amount may be developed by the parties4 ,in the event that the final cost allocation indicates that the costs properly assignable to the contractor are less than what the contractor has paid1 the ,secretary shall credit such overpayment as an offset against any outstanding or future obligation of the contractor4 7c7 ,applicability of certain provisions 7#a7 ,effect of existing law ,upon a contractor's compliance with and discharge of the obligation of repayment of the construction costs pursuant to a contract entered into pursuant to subsection 7a77#b77;,a71 sections #bac 7a7 and 7b7 of the ,reclamation ,reform ,act of #aihb 7#if ,stat4 #abfi7 shall apply to affected lands4 7#b7 ,effect of other obligations ,the obligation of a contractor to repay construction costs or other capitalized costs described in subsections 7a77#b77;,b71 7a77#c77;,b7 or 7b7 shall not affect a contractor's status as having repaid all of the construction costs assignable to the contractor or the applicability of sections #bac 7a7 and 7b7 of the ,reclamation ,reform ,act of #aihb 7#if ,stat4 #abfi7 once the amount required to be paid by the contractor under the repayment contract entered into pursuant to subsection 7a77#b77;,a7 have been paid4 7d7 ,effect on existing law not altered ,implementation of the provisions of this ,act shall not alter the repayment obligation of any water service or repayment contractor receiving water from the same water project1 or shift any costs that would otherwise have been properly assignable to the water users' association identified in subsections 7a77#a71 7a77#b71 and 7a77#c7 absent this section1 including operation and maintenance costs1 construction costs1 or other capitalized costs incurred after the date of the enactment of this ,act1 or to other contractors4 7e7 ,surface water storage enhancement program 7#a7 ,in general ,three years following the date of enactment of this ,act1 all receipts generated from prepayment of contracts under this section beyond amounts necessary to cover the amount of receipts forgone from scheduled payments under current law for the #aj-year period following the date of enactment of this ,act shall be directed to the ,reclamation ,surface ,water ,storage ,account under paragraph 7#b74 7#b7 ,surface storage account ,the ,secretary shall allocate amounts collected under paragraph 7#a7 into the ,reclamation ,surface ,storage ,account to fund or provide loans for the construction of surface water storage4 ,the ,secretary may also enter into cooperative agreements with water users' associations for the construction of surface water storage and amounts within the ,surface ,storage ,account may be used to fund such construction4 ,surface water storage projects that are otherwise not federally authorized shall not be considered ,federal facilities as a result of any amounts allocated from the ,surface ,storage ,account for part or all of such facilities4 7#c7 ,repayment ,amounts used for surface water storage construction from the ,account shall be fully reimbursed to the ,account consistent with the requirements under ,federal reclamation law 7the law 7the ,act of ,june #ag1 #aijb 7#cb ,stat4 #chh1 chapter #ajic7771 and ,acts supplemental to and amendatory of that ,act 7#dc ,u4,s4,c4 #cga et seq47 except that all funds reimbursed shall be deposited in the ,account established under paragraph 7#a74 7#d7 ,availability of amounts ,amounts deposited in the ,account under this subsection shall-- 7,a7 be made available in accordance with this section1 without further appropriation2 and 7,b7 be in addition to amounts appropriated for such purposes under any other provision of law4 7#e7 ,purposes of surface water storage ,construction of surface water storage under this section shall be made for the following purposes3 7,a7 ,increased municipal and industrial water supply4 7,b7 ,agricultural floodwater1 erosion1 and sedimentation reduction4 7,c7 ,agricultural drainage improvements4 7,d7 ,agricultural irrigation4 7,e7 ,increased recreation opportunities4 7,f7 ,reduced adverse impacts to fish and wildlife from water storage or diversion projects within watersheds associated with water storage projects funded under this section4 7,g7 ,any other purposes consistent with reclamation laws or other ,federal law4 7f7 ,definitions ,for the purposes of this ,act1 the following definitions apply3 7#a7 ,account ,the term ,account means the ,reclamation ,surface ,water ,storage ,account established under subsection 7e77#b74 7#b7 ,construction ,the term construction means the designing1 materials engineering and testing1 surveying1 and building of surface water storage including additions to existing surface water storage and construction of new surface water storage facilities1 exclusive of any ,federal statutory or regulatory obligations relating to any permit1 review1 approval1 or other such requirement4 7#c7 ,surface water storage ,the term surface water storage means any federally owned facility under the jurisdiction of the ,bureau of ,reclamation or any non-,federal facility used for the surface storage and supply of water resources4 7#d7 ,treasury rate ,the term ,treasury rate means the #bj-year ,constant ,maturity ,treasury 7,,cmt7 rate published by the ,united ,states ,department of the ,treasury existing on the effective date of the contract4 7#e7 ,water users' association ,the term water users' association means-- 7,a7 an entity organized and recognized under ,state laws that is eligible to enter into contracts with reclamation to receive contract water for delivery to and users of the water and to pay applicable charges2 and 7,b7 includes a variety of entities with different names and differing functions1 such as associations1 conservatory district1 irrigation district1 municipality1 and water project contract unit4