,,ii #aafth ,,congress #ast ,session ,s4 #aicb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #bj1 #bjai ,mr4 ,gardner 7for himself1 ,mrs4 ,feinstein1 ,ms4 ,mc,sally1 and ,ms4 ,sinema7 introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to support water infrastructure in ,reclamation ,states1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,drought ,resiliency and ,water ,supply ,infrastructure ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,design2 study ,the terms design and study include any design1 permitting1 materials engineering or testing1 surveying1 or preconstruction activity relating to a water storage facility4 7#b7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 #c4 ,surface and groundwater storage and supporting projects 7a7 ,definitions ,in this section3 7#a7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress means-- 7,a7 the ,committee on ,appropriations of the ,senate2 7,b7 the ,committee on ,energy and ,natural ,resources of the ,senate2 7,c7 the ,committee on ,appropriations of the ,house of ,representatives2 and 7,d7 the ,committee on ,natural ,resources of the ,house of ,representatives4 7#b7 ,eligible entity ,the term eligible entity means-- 7,a7 any ,state1 political subdivision of a ,state1 department of a ,state1 or public agency organized pursuant to ,state law2 7,b7 an ,indian tribe 7as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd77 or an entity controlled by an ,indian tribe2 7,c7 a water users' association2 7,d7 an agency established by an interstate compact2 and 7,e7 an agency established under ,state law for the joint exercise of powers4 7#c7 ,federally owned storage project ,the term federally owned storage project means any project in a ,reclamation ,state-- 7,a7 that involves the construction1 expansion1 upgrade1 or capital repair of-- 7i7 a surface water storage facility2 or 7ii7 a facility conveying water to or from a surface or groundwater storage facility2 7,b7 to which the ,united ,states holds title2 and 7,c7 that was authorized to be constructed1 operated1 and maintained pursuant to-- 7i7 the reclamation laws2 or 7ii7 the ,act of ,august #aa1 #aici 7commonly known as the ,water ,conservation and ,utilization ,act7 7#af ,u4,s4,c4 #eijy et seq474 7#d7 ,non-,federal storage project ,the term non-,federal storage project means any project in a ,reclamation ,state that-- 7,a7 involves the construction1 expansion1 upgrade1 or capital repair by an eligible entity of-- 7i7 a surface or groundwater storage facility that is not federally owned2 or 7ii7 a facility that is not federally owned conveying water to or from a surface or groundwater storage facility2 and 7,b7 provides a benefit in meeting any obligation under applicable ,federal law 7including regulations74 7#e7 ,reclamation laws ,the term reclamation laws means ,federal reclamation law 7the ,act of ,june #ag1 #aijb 7#cb ,stat4 #chh1 chapter #ajic71 and ,acts supplemental to and amendatory of that ,act4 7#f7 ,reclamation ,state ,the term ,reclamation ,state has the meaning given the term in section #djad of the ,water ,infrastructure ,improvements for the ,nation ,act 7#dc ,u4,s4,c4 #cij;b note2 ,public ,law #aad-cbb74 7b7 ,grant program ,the ,secretary may provide a grant under this section to an eligible entity to carry out1 within a ,reclamation ,state-- 7#a7 a federally owned storage project in accordance with subsection 7c72 or 7#b7 a non-,federal storage project in accordance with subsection 7d74 7c7 ,federally owned storage projects 7#a7 ,agreements ,on request of an eligible entity1 the ,secretary may negotiate and enter into an agreement on behalf of the ,united ,states for the design1 study1 construction1 expansion1 upgrade1 or capital repair of a federally owned storage project located in a ,reclamation ,state in accordance with this subsection4 7#b7 ,federal share ,subject to the requirements of this subsection1 the ,secretary may participate in a federally owned storage project in an amount equal to not more than #ej percent of the total cost of the federally owned storage project4 7#c7 ,conditions for ,federal construction funding ,the construction of a federally owned storage project that is the subject of an agreement under this subsection shall not commence until the ,secretary-- 7,a7 determines that the proposed federally owned storage project is feasible in accordance with the reclamation laws2 7,b7 determines that-- 7i7 the federally owned storage project provides a ,federal benefit in accordance with the reclamation laws2 and 7ii7 not less than a proportionate share of the benefits of the federally owned storage project are ,federal benefits1 including water supplies dedicated to specific purposes1 such as water quality improvements or fish and wildlife protection and restoration1 including a wildlife refuge2 and 7,c7 secures an agreement providing such upfront funding as is necessary to pay the non-,federal share of the capital costs of the federally owned storage project4 7#d7 ,notification ,the ,secretary shall submit to the appropriate committees of ,congress a written notification of the determinations under paragraph 7#c7 by not later than #cj days after the date of the determinations4 7#e7 ,environmental laws ,in participating in a federally owned storage project under this subsection1 the ,secretary shall comply with all applicable environmental laws1 including the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7#f7 ,expansion or upgrade ,the ,secretary shall require1 as a condition for design1 study1 or any other participation in the expansion or upgrade of a federally owned storage project-- 7,a7 the agreement of any single entity that has an existing water service contract or repayment contract for more than #fj percent of the capacity or yield of the federally owned storage project that the expansion will not adversely affect any right or interest of the entity under the water service contract or repayment contract1 as applicable2 and 7,b7 the agreement of the non-,federal entity that1 pursuant to a formal operations and maintenance transfer contract or other legal agreement with the ,secretary1 acting through the ,commissioner of ,reclamation1 carries out the operations and maintenance of the federally owned storage project1 if applicable4 7d7 ,non-,federal storage projects 7#a7 ,in general ,subject to the requirements of this subsection1 the ,secretary may participate in the design1 study1 construction1 expansion1 upgrade1 or capital repair of a non-,federal storage project in an amount equal to not more than #be percent of the total cost of the non-,federal storage project4 7#b7 ,conditions for ,federal design and study funding ,the ,secretary shall only fund a design or study activity for a non-,federal storage project under this subsection if-- 7,a7 ,federal participation has been requested by the ,governor of the ,state in which the non-,federal storage project is located2 and 7,b7 the ,secretary has identified the potential for ,federal benefit sufficient to proceed4 7#c7 ,conditions for ,federal construction funding ,participation by the ,secretary in the construction of a non-,federal storage project under this subsection shall not occur unless-- 7,a7 the ,governor of the ,state in which the non-,federal storage project is located has requested ,federal participation at the time construction was initiated2 and 7,b7 the applicable non-,federal sponsor determines1 and the ,secretary concurs1 that-- 7i7 the non-,federal storage project is technically and financially feasible2 7ii7 the non-,federal storage project provides a ,federal benefit in accordance with the reclamation laws2 7iii7 not less than a proportionate share of the benefits of the non-,federal storage project are ,federal benefits1 including water supplies dedicated to specific purposes1 such as water quality improvements or fish and wildlife protection and restoration1 including a wildlife refuge2 and 7iv7 each sponsor of the non-,federal project is financially capable of funding the non-,federal share of the project costs4 7#d7 ,notification ,the ,secretary shall submit to the appropriate committees of ,congress a written notification of the determinations under paragraphs 7#b7 and 7#c7 by not later than #cj days after the date of the determinations4 7#e7 ,environmental laws ,in participating in a non-,federal storage project under this subsection1 the ,secretary shall comply with all applicable environmental laws1 including the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7#f7 ,information 7,a7 ,in general ,in participating in a non-,federal storage project under this subsection1 the ,secretary-- 7i7 shall-- 7,i7 generally1 rely on reports prepared by the sponsor of the non-,federal storage project1 including feasibility or equivalent studies1 environmental analyses1 and other pertinent reports and analyses2 but 7,,ii7 retain responsibility for making the independent determinations described in paragraphs 7#b7 and 7#c72 and 7ii7 may prepare studies supplementary to the studies described in clause 7i77,i71 on-- 7,i7 request of the sponsor of the non-,federal storage project2 and 7,,ii7 agreement by the ,secretary4 7,b7 ,guidelines 7i7 ,draft ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall issue draft guidelines for feasibility or equivalent studies for non-,federal storage projects prepared by a project sponsor that shall be consistent with requirements for a title ,,xvi ,feasibility ,study ,report1 including the economic analysis1 contained in the ,reclamation ,manual ,directives and ,standards numbered ,,wtr #aa-ja1 subject to-- 7,i7 any additional requirements necessary to provide sufficient information for making the independent determinations described in paragraphs 7#b77;,b7 and 7#c72 and 7,,ii7 the condition that the ,bureau of ,reclamation shall not bear responsibility for the technical adequacy of any design1 cost estimate1 or construction relating to a non-,federal storage project4 7ii7 ,final ,the ,secretary shall finalize the guidelines under clause 7i7 by not later than #a year after the date of enactment of this ,act4 7e7 ,rights ,to use capacity ,subject to compliance with applicable ,reclamation ,state water rights laws1 the right to use the capacity of a federally owned storage project or non-,federal storage project with respect to which the ,secretary has entered into an agreement under this subsection shall be allocated in such manner as may be mutually agreed to by the ,secretary and each other party to the agreement1 including any party described in subsection 7c77#f77;,b74 7f7 ,federal benefits ,in making a determination relating to a ,federal benefit under this section1 the ,secretary may include any benefit realized from the existence of operational flexibility to optimize the achievement of an authorized project purpose 7whether reimbursable or nonreimbursable71 taking into consideration the hydrology of a given water year1 including through the coordinated management of ,federal and non-,federal facilities4 7g7 ,funding 7#a7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #fgj1jjj1jjj for the period of fiscal years #bjbj through #bjbd4 7#b7 ,congressional approval initially required 7,a7 ,design and study funding ,each initial award under this section for design and study of a federally owned storage project or a non-,federal storage project shall be approved in an appropriations ,act4 7,b7 ,construction funding ,each initial award under this section for construction of a federally owned storage project or a non-,federal storage project shall be approved in an appropriations ,act4 7,c7 ,reclamation recommendations 7i7 ,in general ,subject to clause 7ii71 the ,commissioner of ,reclamation shall submit to the appropriate committees of ,congress recommendations regarding the initial award of design and study funding1 and of construction funding1 for each federally owned storage project and non-,federal storage project subject to consideration under subparagraphs 7,a7 and 7,b74 7ii7 ,requirement ,the ,commissioner of ,reclamation shall confer with the appropriate committees of ,congress before submitting the recommendations under clause 7i74 7#c7 ,subsequent funding awards 7,a7 ,design and study funding ,after approval by ,congress of an initial award of design and study funding for a federally owned storage project or a non-,federal storage project under paragraph 7#b71 the ,secretary may award additional design and study funding for the federally owned storage project or non-,federal storage project without further congressional approval4 7,b7 ,construction funding ,after approval by ,congress of an initial award of construction funding for a federally owned storage project or a non-,federal storage project under paragraph 7#b71 the ,secretary may award additional construction funding for the federally owned storage project or non-,federal storage project without further congressional approval4 7#d7 ,preliminary studies ,of the amounts made available under paragraph 7#a71 not more than #be percent shall be provided for appraisal studies1 feasibility studies1 or other preliminary studies4 7#e7 ,,wiin ,act storage funding 7,a7 ,appropriations ,each federally owned storage project and non-,federal storage project shall be eligible to receive any amounts made available pursuant to section #djjg7;h7 of the ,water ,infrastructure ,improvements for the ,nation ,act 7#dc ,u4,s4,c4 #cij;b note2 ,public ,law #aad-cbb7 7as in effect on the day before the date of enactment of this ,act71 in accordance with paragraphs 7#b7 and 7#c74 7,b7 ,individual projects 7i7 ,federally owned storage projects ,if the ,secretary determines that a federally owned storage project is eligible for funding under section #djjg7;b7 of the ,water ,infrastructure ,improvements for the ,nation ,act 7#dc ,u4,s4,c4 #cij;b note2 ,public ,law #aad-cbb71 the federally owned storage project shall remain eligible for funding under subsection 7c74 7ii7 ,non-,federal storage projects ,if the ,secretary determines that a non-,federal storage project is eligible for funding as a ,state-led storage project under section #djjg7;c7 the ,water ,infrastructure ,improvements for the ,nation ,act 7#dc ,u4,s4,c4 #cij;b note2 ,public ,law #aad-cbb71 the non-,federal storage project shall remain eligible for funding under subsection 7d74 7h7 ,consistency with ,state law ,nothing in this section preempts or modifies any obligation of the ,united ,states or an eligible entity to act in accordance with applicable ,state law4 7i7 ,partnership and agreements relating to certain water storage projects ,the ,secretary1 acting through the ,commissioner of ,reclamation1 may enter into a partnership or other agreement relating to a water storage project described in section #ajc of the ,calfed ,bay-,delta ,authorization ,act 7,public ,law #ajh-cfa2 #aah ,stat4 #afhc7 with a local joint-powers authority established pursuant to ,state law by #a or more irrigation districts or other local water districts or units of local government within the applicable hydrologic region1 to advance the project4 7j7 ,calfed reauthorization ,title ,i of ,public ,law #ajh-cfa 7#aah ,stat4 #afha2 #abc ,stat4 #bhfj2 #abh ,stat4 #afd2 #abh ,stat4 #bcab2 #abi ,stat4 #bdjg2 #acj ,stat4 #ahff7 is amended by striking #bjai each place it appears and inserting #bjbd4 7k7 ,conforming amendment ,section #djjg of the ,water ,infrastructure ,improvements for the ,nation ,act 7#dc ,u4,s4,c4 #cij;b note2 ,public ,law #aad-cbb7 is repealed4 #d4 ,water recycling and reuse 7a7 ,authorization of new water recycling and reuse projects ,section #afjb of the ,reclamation ,wastewater and ,groundwater ,study and ,facilities ,act 7#dc ,u4,s4,c4 #cij;h7 is amended by striking paragraph 7#b7 of subsection 7f7 and all that follows through the end of subsection 7g7 and inserting the following3 7#b7 ,priorities and diversity of project types ,in providing grants under paragraph 7#a71 the ,secretary shall-- 7,a7 give priority to projects that-- 7i7 are likely to provide a more-reliable water supply for a unit of ,state or local government2 7ii7 are likely to increase the water management flexibility and reduce impacts on environmental resources2 or 7iii7 provide multiple benefits1 including water supply reliability1 ecosystem benefits1 groundwater management and enhancements1 and water quality improvements2 and 7,b7 take into consideration selecting a diversity of project types1 including projects that serve-- 7i7 a region or more than #a community2 7ii7 a rural or small community2 or 7iii7 an urban community or city4 7g7 ,funding 7#a7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out subsections 7e7 and 7f7 #ajj1jjj1jjj for the period of fiscal years #bjbj through #bjbd4 7#b7 ,funding opportunity announcement ,the ,commissioner of ,reclamation shall release a funding opportunity announcement for the competitive grant program under subsection 7f7 by not later than #ge days after the date of enactment of an ,act that provides funding for the program4 7#c7 ,congressional approval initially required 7,a7 ,in general ,each initial award under this section for design and study1 or for construction1 of a project under subsection 7e7 or 7f7 shall be approved in an appropriations ,act4 7,b7 ,reclamation recommendations ,the ,commissioner of ,reclamation shall submit recommendations regarding the initial award of design and study funding and construction funding for consideration under subparagraph 7,a7 to-- 7i7 the ,committee on ,appropriations of the ,senate2 7ii7 the ,committee on ,energy and ,natural ,resources of the ,senate2 7iii7 the ,committee on ,appropriations of the ,house of ,representatives2 and 7iv7 the ,committee on ,natural ,resources of the ,house of ,representatives4 7#d7 ,subsequent funding awards ,after approval by ,congress of an initial award of design and study funding or construction funding for a project under paragraph 7#c71 the ,commissioner of ,reclamation may award additional design and study funding or construction funding1 respectively1 for the project without further congressional approval4 4 7b7 ,limitation on funding ,section #afca7;d7 of the ,reclamation ,wastewater and ,groundwater ,study and ,facilities ,act 7#dc ,u4,s4,c4 #cij;h-#ac7;d77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking by paragraph 7#b7 and inserting in paragraphs 7#b7 and 7#c72 and 7,b7 striking #bj1jjj1jjj 7,october #aiif prices7 and inserting #cj1jjj1jjj 7in prices as determined for ,january #bjai72 and 7#b7 in paragraph 7#b7-- 7,a7 in subparagraph 7,b7-- 7i7 by striking 7,b7 ,in the case and inserting the following3 7,b7 ,san ,gabriel ,basin ,in the case 2 and 7ii7 by indenting clauses 7i7 and 7ii7 appropriately2 and 7,b7 by striking 7#b77;,a7 ,subject to and inserting the following3 7#b7 ,projects funded as of #bjbj ,the ,federal share of the cost of any single project authorized under this title shall be #bj1jjj1jjj if the project has received that amount as of ,december #ca1 #bjbj4 7#c7 ,older projects 7,a7 ,in general ,subject to 4 #e4 ,desalination ,section #d7;a7 of the ,water ,desalination ,act of #aiif 7#db ,u4,s4,c4 #ajcja note2 ,public ,law #ajd-bih7 is amended by striking the second paragraph 7#a7 7relating to projects7 and inserting the following3 7#b7 ,projects 7,a7 ,definition of eligible desalination project ,in this paragraph1 the term eligible desalination project means any project located in a ,reclamation ,state1 or for which the construction1 operation1 sponsorship1 or funding is the responsibility of1 and the primary water supply benefit accrues to1 #a or more entities in a ,reclamation ,state1 that-- 7i7 involves an ocean or brackish water desalination facility-- 7,i7 constructed1 operated1 and maintained by a ,state1 ,indian ,tribe1 irrigation district1 water district1 or other organization with water or power delivery authority2 or 7,,ii7 sponsored or funded by any ,state1 department of a ,state1 political subdivision of a ,state1 or public agency organized pursuant to ,state law1 including through-- 7aa7 direct sponsorship or funding2 or 7bb7 indirect sponsorship or funding1 such as by paying for the water provided by the facility2 and 7ii7 provides a ,federal benefit in accordance with the reclamation laws4 7,b7 ,federal share ,subject to the requirements of this paragraph1 the ,secretary may participate in an eligible desalination project in an amount equal to not more than #be percent of the total cost of the eligible desalination project4 7,c7 ,state role ,participation by the ,secretary in an eligible desalination project under this paragraph shall not occur unless-- 7i7 7,i7 the eligible desalination project is included in a ,state-approved plan2 or 7,,ii7 the participation has been requested by the ,governor of the ,state in which the eligible desalination project is located2 and 7ii7 the ,state or local sponsor of the eligible desalination project determines1 and the ,secretary concurs1 that-- 7,i7 the eligible desalination project-- 7aa7 is technically and financially feasible2 and 7bb7 provides a ,federal benefit in accordance with the reclamation laws2 and 7,,ii7 the non-,federal project sponsor is financially capable of funding the non-,federal share of the project costs2 and 7iii7 the ,secretary submits to ,congress a written notification of the determinations under clause 7ii7 by not later than #cj days after the date of the determinations4 7,d7 ,environmental laws ,in participating in an eligible desalination project under this paragraph1 the ,secretary shall comply with all applicable environmental laws1 including the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7,e7 ,information ,in participating in an eligible desalination project under this subsection1 the ,secretary-- 7i7 may rely on reports prepared by the sponsor of the eligible desalination project1 including feasibility or equivalent studies1 environmental analyses1 and other pertinent reports and analyses2 but 7ii7 shall retain responsibility for making the independent determinations described in subparagraph 7,c74 7,f7 ,funding 7i7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this paragraph #fj1jjj1jjj for the period of fiscal years #bjbj through #bjbd4 7ii7 ,funding opportunity announcement ,the ,commissioner of ,reclamation shall release a funding opportunity announcement for a grant program under this paragraph by not later than #ge days after the date of enactment of an ,act that provides funding for the program4 7iii7 ,congressional approval initially required 7,i7 ,in general ,each initial award under this paragraph for design and study1 or for construction1 of an eligible desalination project shall be approved in an appropriations ,act4 7,,ii7 ,reclamation recommendations ,the ,commissioner of ,reclamation shall submit recommendations regarding the initial award of design and study funding and construction funding for consideration under subclause 7,i7 to-- 7aa7 the ,committee on ,appropriations of the ,senate2 7bb7 the ,committee on ,energy and ,natural ,resources of the ,senate2 7cc7 the ,committee on ,appropriations of the ,house of ,representatives2 and 7dd7 the ,committee on ,natural ,resources of the ,house of ,representatives4 7iv7 ,subsequent funding awards ,after approval by ,congress of an initial award of design and study funding or construction funding for an eligible desalination project under clause 7iii71 the ,commissioner of ,reclamation may award additional design and study funding or construction funding1 respectively1 for the eligible desalination project without further congressional approval4 4 #f4 ,reclamation infrastructure finance and innovation pilot program 7a7 ,establishment ,the ,secretary shall establish and carry out a pilot program under which the ,secretary shall provide to eligible entities described in subsection 7c7 financial assistance in accordance with this section to carry out eligible projects described in subsection 7b74 7b7 ,eligible projects 7#a7 ,in general ,a project eligible to receive assistance under the pilot program under this section is a water supply project that1 as determined by the ,secretary-- 7,a7 is located in-- 7i7 the ,state of ,alaska2 7ii7 the ,state of ,hawaii2 or 7iii7 a ,state or territory described in the first section of the ,act of ,june #ag1 #aijb 7#cb ,stat4 #chh1 chapter #ajic2 #dc ,u4,s4,c4 #cia72 7,b7 would contribute directly or indirectly 7including through groundwater recharge7 to a safe1 adequate water supply for domestic1 agricultural1 environmental1 or municipal or industrial use2 and 7,c7 is otherwise eligible for assistance under this section4 7#b7 ,projects associated with ,bureau of ,reclamation facilities ,a project that supports an improvement to1 or is associated with1 a ,bureau of ,reclamation facility shall be eligible to receive assistance under the pilot program under this section if-- 7,a7 the project meets the criteria described in paragraph 7#a72 7,b7 the eligible entity carrying out the project demonstrates to the satisfaction of the ,secretary that the eligible entity is initiating and implementing the project for non-,federal purposes2 7,c7 the eligible entity retains or secures1 through a long-term ,federal property lease1 operation and maintenance transfer agreement that provides for self-funding1 or easement agreement with the ,secretary1 substantial control over the assets1 operation1 management1 and maintenance of the project2 and 7,d7 the project meets such other criteria as the ,secretary may establish4 7#c7 ,small community projects ,for projects eligible for assistance under this section and section #ejbh7;a77#b77;,b7 of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #cijg7;a77#b77;,b771 the ,secretary may assist applicants in combining #a or more projects into a single application in order to meet the minimum project cost of #e1jjj1jjj required under that section4 7c7 ,eligible entities ,the following entities are eligible to receive assistance under this section3 7#a7 ,an entity described in section #ejbe of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #cijd74 7#b7 ,a conservancy district1 ,reclamation district1 irrigation district1 or water district4 7#c7 ,a canal company or mutual water company4 7#d7 ,a water users' association4 7#e7 ,an agency established by an interstate compact4 7#f7 ,an agency established under ,state law for the joint exercise of powers4 7#g7 ,any other individual or entity that has the capacity to contract with the ,united ,states under the reclamation laws4 7d7 ,requirements 7#a7 ,project selection ,in selecting eligible projects to receive assistance under the pilot program under this section1 the ,secretary shall ensure diversity with respect to-- 7,a7 project type2 and 7,b7 geographical location within the ,states referred to in subsection 7b77#a77;,a74 7#b7 ,importation of other requirements ,the following provisions of law shall apply to the pilot program under this section3 7,a7 ,sections #ejbb1 #ejbd1 #ejbg1 #ejbh1 #ejbi1 #ejcj1 #ejca1 #ejcb1 and #ejcd7;a7 of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #cija1 #cijc1 #cijf1 #cijg1 #cijh1 #ciji1 #ciaj1 #ciaa1 #ciac7;a771 except that-- 7i7 any reference contained in those sections to the ,secretary of the ,army shall be considered to be a reference to the ,secretary2 7ii7 any reference contained in those sections to an eligible project shall be considered to be a reference to an eligible project described in subsection 7b72 7iii7 paragraphs 7#a77;,e7 and 7#f77;,b7 of subsection 7a71 and subsection 7b77#c71 of section #ejbh of that ,act 7#cc ,u4,s4,c4 #cijg7 shall not apply with respect to this section2 and 7iv7 subsections 7e7 and 7f7 of section #ejcj of that ,act 7#cc ,u4,s4,c4 #ciji7 shall not apply with respect to this section4 7,b7 ,the agreement between the ,administrator of the ,environmental ,protection ,agency and the ,commissioner of ,reclamation required under section #dcja of the ,america's ,water ,infrastructure ,act of #bjah 7,public ,law #aae-bgj71 pursuant to which the ,administrator shall retain responsibility for administering any loans under this section4 7,c7 ,other applicable environmental laws1 including the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7e7 ,authorization of appropriations 7#a7 ,in general ,there is authorized to be appropriated to the ,secretary to carry out the pilot program under this section #aej1jjj1jjj for the period of fiscal years #bjba through #bjbe1 to remain available until expended4 7#b7 ,administrative costs ,of the funds made available pursuant to paragraph 7#a71 the ,secretary may use for administrative costs of carrying out the pilot program under this section 7including for the provision of technical assistance to project sponsors pursuant to paragraph 7#c71 to obtain any necessary approval1 and for transfer to the ,administrator of the ,environmental ,protection ,agency to provide assistance in administering and servicing ,federal credit instruments under the pilot program7 not more than #e1jjj1jjj for each applicable fiscal year4 7#c7 ,small community projects 7,a7 ,in general ,subject to subsection 7b71 the ,commissioner may use the funds made available under paragraph 7#b7 to provide assistance1 including assistance to pay the costs of acquiring the rating opinion letters under paragraph 7#a77;,d7 of section #ejbh7;a7 of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #cijg7;a771 to assist project sponsors in obtaining the necessary approvals for small community projects that are eligible for assistance under paragraph 7#b77;,b7 of that section or subsection 7b77#c74 7,b7 ,limitation ,assistance provided to a project sponsor under subparagraph 7,a7 may not exceed an amount equal to #ge percent of the total administrative costs incurred by the project sponsor in securing financial assistance under this section4 #g4 ,restoration and environmental compliance 7a7 ,in general ,the ,secretary may participate in-- 7#a7 environmental restoration activities benefitting species-- 7,a7 listed as threatened or endangered under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 that are adversely affected by the operation of water projects of the ,bureau of ,reclamation2 or 7,b7 through water delivery from a ,reclamation project to a wildlife refuge2 7#b7 environmental compliance activities1 including stream gauging1 monitoring1 and other data collection activities1 to assist water projects of the ,bureau of ,reclamation in-- 7,a7 achieving the purposes of the projects2 and 7,b7 fulfilling the duties of the ,bureau under section #g of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf72 and 7#c7 a forest1 meadow1 or watershed restoration activity on ,federal land-- 7,a7 that has the potential-- 7i7 to restore healthy forest or watershed conditions that improve the quality1 timing1 or other attributes of runoff to-- 7,i7 a ,bureau of ,reclamation facility or project2 or 7,,ii7 a surface or groundwater storage facility that is operated in conjunction with a ,bureau of ,reclamation facility or project2 7ii7 to reduce the rate of sedimentation of a ,bureau of ,reclamation facility2 or 7iii7 to reduce the threat of wildfire that could affect runoff to1 or sedimentation or structural integrity of1 a ,bureau of ,reclamation facility2 and 7,b7 with respect to which-- 7i7 the proportion that the amount of ,federal funding under this section bears to the total cost of the project is approximately equal to1 or less than1 the proportion that water-related benefits bears to the total benefits of the project1 as calculated by the ,secretary using a methodology at the discretion of the ,secretary2 and 7ii7 ,federal water contractors are likely to receive at least part of the water supply or water quality benefits of the project4 7b7 ,priority ,in carrying out this section1 the ,secretary shall give priority to restoration or environmental compliance activities that-- 7#a7 implement congressional direction1 such as projects described in-- 7,a7 subsection 7a77#c72 7,b7 section #djja or #djaj of the ,water ,infrastructure ,improvements for the ,nation ,act 7,public ,law #aad-cbb2 #acj ,stat4 #ahea72 or 7,c7 congressionally authorized species recovery programs on the ,colorado ,river2 7#b7 are recommended by collaborative processes or plans developed by ,federal agencies in conjunction with ,states1 water contractors1 environmental or fishing interests1 or other stakeholders2 or 7#c7 implement settlements with ,state agencies or requirements under ,state water laws to restore species listed as threatened or endangered under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 or other species adversely affected by the operation of water projects of the ,bureau of ,reclamation4 7c7 ,cost-,share 7#a7 ,in general ,the ,federal share of the cost of any individual program1 activity1 or project carried out using funds made available pursuant to this section-- 7,a7 shall be not more than #ej percent2 and 7,b7 shall be nonreimbursable4 7#b7 ,program-level calculation ,the ,federal cost-share described in paragraph 7#a7 shall be calculated at the program level1 at which a group of activities or projects are considered to be a part of a broader1 cohesive program4 7d7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary-- 7#a7 #bj1jjj1jjj to carry out subsection 7a77#c7 for the period of fiscal years #bjbj and #bjba2 and 7#b7 #abj1jjj1jjj to carry out this section for the period of fiscal years #bjbb through #bjbd4 7e7 ,applicable law ,nothing in this section shall be interpreted or implemented in a manner that-- 7#a7 preempts or modifies any obligation of the ,united ,states under ,federal law to act in accordance with applicable ,state law1 including applicable ,state water law2 or 7#b7 affects or modifies any obligation under ,federal environmental law4 #h4 ,deauthorization of certain water recycling projects 7a7 ,purpose2 definition 7#a7 ,purpose ,the purpose of this section is to establish an efficient and transparent #a-time process for deauthorizing ,bureau of ,reclamation title ,,xvi projects that have failed-- 7,a7 to receive a minimum level of ,federal investment2 or 7,b7 to initiate construction4 7#b7 ,definition of title ,,xvi project ,in this section1 the term title ,,xvi project means a project authorized by title ,,xvi of ,public ,law #ajb-ege 7#dc ,u4,s4,c4 #cij;h et seq474 7b7 ,backlog list ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives1 and make available on a publicly accessible internet website in a manner that is downloadable1 searchable1 and sortable1 a list of-- 7#a7 title ,,xvi projects-- 7,a7 that are authorized2 and 7,b7 for which1 during the fiscal year in which this ,act is enacted and each of the preceding #aj fiscal years-- 7i7 no application for ,federal funding has been received2 and 7ii7 no construction has occurred2 and 7#b7 for each title ,,xvi project listed under paragraph 7#a7-- 7,a7 the date of authorization of the title ,,xvi project1 including any subsequent modifications to the original authorization2 7,b7 a brief description of the title ,,xvi project2 and 7,c7 any amounts appropriated for the title ,,xvi project that remain unobligated4 7c7 ,interim deauthorization list 7#a7 ,in general ,the ,secretary shall develop and make publicly available an interim deauthorization list that identifies each title ,,xvi project described in subsection 7b77#a74 7#b7 ,public comment and consultation 7,a7 ,in general ,the ,secretary shall solicit and accept1 for a period of not less than #ij days1 comments relating to the interim deauthorization list under paragraph 7#a7 from-- 7i7 the public2 and 7ii7 the ,governor of each applicable ,state4 7,b7 ,project sponsors ,as part of the public comment period under subparagraph 7,a71 the ,secretary shall provide to title ,,xvi project sponsors the opportunity to provide to the ,secretary a notice of the intent to initiate construction of the title ,,xvi project by not later than the date that is #b years after the date of publication of the preliminary final deauthorization list under subsection 7d74 7#c7 ,submission to ,congress2 publication ,not later than #ij days after the date of submission of the backlog list under subsection 7b71 the ,secretary shall-- 7,a7 submit the interim deauthorization list under paragraph 7#a7 to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives2 and 7,b7 publish the interim deauthorization list in the ,federal ,register4 7d7 ,preliminary final deauthorization list 7#a7 ,in general ,the ,secretary shall develop a preliminary final deauthorization list that includes each title ,,xvi project identified pursuant to paragraph 7#b74 7#b7 ,identification of projects 7,a7 ,exclusions ,the ,secretary may identify a title ,,xvi project described in subsection 7b77#a7 for exclusion from the preliminary final deauthorization list if the ,secretary determines1 on a case-by-case basis following receipt of public comments1 that the title ,,xvi project is critical for interests of the ,united ,states1 based on the practicable impact of the title ,,xvi project on-- 7i7 public health and safety2 7ii7 the national economy2 or 7iii7 the environment4 7,b7 ,subject to deauthorization designation ,any title ,,xvi project the sponsor of which has provided to the ,secretary a notice of the intent to initiate construction by not later than #b years after the date of publication of the preliminary final deauthorization list under this subsection shall be designated on that list as subject to deauthorization4 7,c7 ,appendix ,the ,secretary shall include as part of the preliminary final deauthorization list under this subsection an appendix that-- 7i7 identifies each title ,,xvi project included on the interim deauthorization list under subsection 7c7 that is not included on the preliminary final deauthorization list2 and 7ii7 describes the reasons why each title ,,xvi project identified under clause 7i7 is not included on the preliminary final deauthorization list4 7#c7 ,submission to ,congress2 publication ,not later than #abj days after the date of expiration of the public comment period under subsection 7c77#b77;,a71 the ,secretary shall-- 7,a7 submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives the preliminary final deauthorization list and the appendix required under this subsection2 and 7,b7 publish the preliminary final deauthorization list and appendix in the ,federal ,register4 7e7 ,deauthorization2 congressional review ,effective beginning on the date that is #ahj days after the date of submission to ,congress of the preliminary final deauthorization list under subsection 7d77#c77;,a71 each title ,,xvi project included on that list is deauthorized1 unless-- 7#a7 the title ,,xvi project is designated as subject to deauthorization pursuant to subsection 7d77#b77;,b72 or 7#b7 ,congress has enacted a joint resolution disapproving the preliminary final deauthorization list4 7f7 ,updated final deauthorization list 7#a7 ,publication ,not later than the date that is #b years after the date of publication of the preliminary final deauthorization list under subsection 7d77#c77;,b71 the ,secretary shall publish an updated final deauthorization list4 7#b7 ,projects subject to deauthorization ,on the updated final deauthorization list under this subsection1 the ,secretary shall describe any title ,,xvi project designated as subject to deauthorization on the preliminary final deauthorization list pursuant to subsection 7d77#b77;,b7 as-- 7,a7 authorized1 if the ,secretary has received evidence that the sponsor of the title ,,xvi project has substantially initiated construction on the title ,,xvi project2 or 7,b7 deauthorized1 if the ,secretary has not received the evidence described in subparagraph 7,a74 7#c7 ,deauthorization ,any project described as deauthorized pursuant to paragraph 7#b77;,b7 shall be deauthorized on the date that is #ahj days after the date of submission of the updated final deauthorization list under paragraph 7#a71 unless ,congress has enacted a joint resolution disapproving that list4 7g7 ,treatment of project modifications ,for purposes of this section1 if a title ,,xvi project has been modified by an ,act of ,congress1 the date of authorization of the title ,,xvi project shall be considered to be the date of the most recent modification4 #i4 ,offsets 7a7 ,definition of water users' association ,in this section3 7#a7 ,in general ,the term water users' association means an entity that is-- 7,a7 organized and recognized under applicable ,state law2 and 7,b7 eligible to enter into contracts with the ,bureau of ,reclamation-- 7i7 to receive contract water for delivery to end users of the water2 and 7ii7 to pay applicable charges relating to that water4 7#b7 ,inclusions ,the term water users' association includes-- 7,a7 an association2 7,b7 a conservancy district2 7,c7 an irrigation district2 7,d7 a municipality2 7,e7 a water project contract unit2 and 7,f7 any similar entity described in paragraph 7#a74 7b7 ,prepayment of certain repayment contracts 7#a7 ,conversion and prepayment ,on receipt of a request from a party to the contract1 the ,secretary shall convert any water service contract in effect on the date of enactment of this ,act between the ,united ,states and a water users' association to allow for prepayment of the contract pursuant to paragraph 7#b7 under mutually agreeable terms and conditions1 subject to the conditions that-- 7,a7 a water service contract entered into under subsection 7e7 of section #i of the ,act of ,august #d1 #aici 7#ec ,stat4 #aaic1 chapter #dah71 proposed to be converted under this subsection shall be converted to a repayment contract under subsection 7d7 of that section2 and 7,b7 a water service contract entered into under subsection 7c77#b7 of section #i of the ,act of ,august #d1 #aici 7#ec ,stat4 #aaic1 chapter #dah71 proposed to be converted under this subsection shall be converted to a contract under subsection 7c77#a7 of that section4 7#b7 ,prepayment ,except for a repayment contract under which the contractor has previously negotiated for prepayment1 on request of a party to the contract1 a repayment contract under section #i7;d7 of the ,act of ,august #d1 #aici 7#ec ,stat4 #aaie1 chapter #dah71 in effect on the date of enactment of this ,act1 and all contracts converted pursuant to paragraph 7#a77;,a71 shall-- 7,a7 provide for the repayment1 in lump sum or by accelerated prepayment1 of the remaining construction costs identified in water project-specific irrigation rate repayment schedules1 as adjusted to reflect payments not reflected in those schedules1 and properly assignable for ultimate return by the contractor1 or if made in approximately equal installments1 not later than #c years after the effective date of the repayment contract1 subject to the conditions that-- 7i7 the amount shall be discounted by #a_/b the ,treasury rate2 and 7ii7 an estimate of the remaining construction costs1 as adjusted1 shall be provided by the ,secretary to the contractor by not later than #ij days after the date of receipt of a request from 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 referred to in subparagraph 7,a71 and properly assignable to the contractor1 shall be repaid-- 7i7 by not later than #e years after the date of notification of the allocation if the amount is a result of a collective annual allocation of capital costs to the contractors exercising contract conversion under this subsection of less than #e1jjj1jjj2 or 7ii7 if the amount is equal to #e1jjj1jjj or more1 in accordance with applicable reclamation laws2 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 in effect for the period during which the contractor pays applicable charges1 in accordance with section #i7;d7 of the ,act of ,august #d1 #aici 7#ec ,stat4 #aaie1 chapter #dah71 and other applicable law4 7#c7 ,covered contract requirements 7,a7 ,definition of covered contract ,in this paragraph3 7i7 ,in general ,the term covered contract means-- 7,i7 on request of the contractor1 a repayment contract under subsection 7c77#a7 of section #i of the ,act of ,august #d1 #aici 7#ec ,stat4 #aaic1 chapter #dah71 that is in effect on the date of enactment of this ,act2 and 7,,ii7 a contract converted pursuant to paragraph 7#a77;,b74 7ii7 ,exclusion ,the term covered contract does not include a repayment contract under which the contractor has previously negotiated for prepayment4 7,b7 ,requirements ,each covered contract shall-- 7i7 provide for the repayment1 in lump sum1 of the remaining construction costs identified in water project-specific irrigation rate repayment schedules1 as adjusted to reflect payments not reflected in those schedules1 and properly assignable for ultimate return by the contractor1 subject to the condition that the contractor shall submit to the ,secretary an estimate of any remaining construction costs1 as adjusted1 by not later than #ij days after the date of submission of the initial request of the contractor2 7ii7 require that construction costs or other capitalized costs incurred after the effective date of the contract or not reflected in the rate schedule referred to in clause 7i71 and properly assignable to the contractor1 shall be repaid-- 7,i7 by not later than #e years after the date of notification of the allocation1 if the amount is a result of a collective annual allocation of capital costs to the exercising contract conversion under this subsection of less than #e1jjj1jjj2 or 7,,ii7 in accordance with applicable reclamation laws1 if the amount is #e1jjj1jjj or more2 and 7iii7 continue in effect for the period during which the contractor pays applicable charges1 in accordance with section #i7;c77#a7 of the ,act of ,august #d1 #aici 7#ec ,stat4 #aaid1 chapter #dah71 and other applicable law4 7#d7 ,conditions ,a contract entered into pursuant to paragraph 7#a71 7#b71 or 7#c7-- 7,a7 shall not be adjusted on the basis of the type of prepayment financing used by the applicable water users' association2 7,b7 shall conform to any other agreements1 such as applicable settlement agreements and newly constructed appurtenant facilities agreements2 and 7,c7 shall not modify any other water service1 repayment1 exchange1 or transfer contractual right between the applicable water users' association and the ,bureau of ,reclamation1 or any right1 obligation1 or relationship of the water users' association and any affected landowner in accordance with applicable ,state law4 7c7 ,accounting 7#a7 ,final cost allocation ,any amount paid pursuant to subsection 7b7 shall be subject to adjustment after a final cost allocation by the ,secretary4 7#b7 ,contractor responsibility 7,a7 ,in general ,if a final cost allocation under paragraph 7#a7 indicates that a cost properly assignable to a contractor covered by this section is greater than the amount paid by the contractor1 the contractor shall be obligated to pay the remaining allocated costs in accordance with an additional repayment contract under subparagraph 7,b74 7,b7 ,additional repayment contracts ,subject to any other provision mutually agreed to by all affected parties1 the term of an additional repayment contract under subparagraph 7,a7 shall be-- 7i7 not less than #a year2 and 7ii7 not more than #aj years4 7#c7 ,credit ,if a final cost allocation under paragraph 7#a7 indicates that a cost properly assignable to a contractor are less than the amount paid by the contractor1 the ,secretary shall credit the amount of the overpayment as an offset against any outstanding or future obligation of the contractor1 with the exception of any ,central ,valley ,project ,restoration ,fund charge assessed pursuant to section #cdjg7;d7 of ,public ,law #ajb-ege 7#ajf ,stat4 #dgbg74 7d7 ,applicability of certain provisions 7#a7 ,effect of existing law ,on compliance by a contract or with1 and discharge of1 an obligation of repayment of construction costs pursuant to a contract under subsection 7b77#b77;,a71 subsections 7a7 and 7b7 of section #bac of the ,reclamation ,reform ,act of #aihb 7#dc ,u4,s4,c4 #cijmm7 shall apply to any affected land4 7#b7 ,effect of other obligations ,on payment by a contractor of any amount required under a repayment contract under subsection 7b77#b77;,a71 the obligation of a contractor to repay construction costs or other capitalized costs described in subsection 7b77#b77;,b71 7b77#c77;,b71 or 7c7 shall not affect-- 7,a7 the status of the contractor as having repaid all construction costs assignable to the contractor2 or 7,b7 the applicability of subsections 7a7 and 7b7 of section #bac of the ,reclamation ,reform ,act of #aihb 7#dc ,u4,s4,c4 #cijmm74 7e7 ,effect on existing law ,nothing in this section alters-- 7#a7 any repayment obligation of a water service or repayment contractor receiving water from the same water project1 or shifts any cost that would otherwise have been properly assignable to-- 7,a7 a water users' association identified in paragraph 7#a71 7#b71 or 7#c7 of subsection 7b71 including-- 7i7 operation and maintenance costs2 7ii7 construction costs2 or 7iii7 any other capitalized cost incurred after the date of enactment of this ,act2 or 7,b7 another contractor2 7#b7 any specific requirement for the disposition of amounts received as repayment by the ,secretary under ,federal reclamation law 7the ,act of ,june #ag1 #aijb 7#cb ,stat4 #chh1 chapter #ajic71 and ,acts supplemental to and amendatory of that ,act 7#dc ,u4,s4,c4 #cga et seq4772 7#c7 the priority of a water service or repayment contractor to receive water2 or 7#d7 except as expressly provided in this section1 any obligation under the reclamation laws1 including the continuation of any ,central ,valley ,project ,restoration ,fund charge assessed pursuant to section #cdjg7;d7 of ,public ,law #ajb-ege 7#ajf ,stat4 #dgbg71 of a water service or repayment contractor making a prepayment pursuant to this section4 7f7 ,conforming amendment ,section #djaa of the ,water ,infrastructure ,improvements for the ,nation ,act 7,public ,law #aad-cbb2 #acj ,stat4 #ahgh7 is repealed4 #aj4 ,savings clause ,nothing in this ,act or an amendment made by this ,act shall be interpreted or implemented in a manner that-- 7#a7 preempts or modifies any obligation of the ,united ,states or an eligible entity under ,federal law to act in accordance with applicable ,state law1 including applicable ,state water law2 or 7#b7 affects or modifies any obligation under ,federal environmental law4