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Fixing Operations of Reservoirs to Encompass Climatic and Atmospheric Science Trends for Emergency Droughts Act

H.R. 4239 · 113th Congress · Mar 13, 2014 · Lineage

A BILL

To provide drought assistance to the State of California and other affected western States.

Section 1 Findings

Congress finds the following:
(1)
As established in the Proclamation of a State of Emergency issued by the Governor of the State of California on January 17, 2014, California is experiencing record dry conditions. Extremely dry conditions have persisted since 2012, 2014 is projected to become the driest year on record, and such dry conditions are likely to persist beyond this year and more regularly into the future.
(2)
The water supplies of the State of California are at record-low levels, as indicated by a statewide average snowpack of 12 percent of the normal average for winter as of February 1, 2014.
(3)
The 2014 drought constitutes a serious emergency posing immediate and severe risks to human life and safety and to the environment throughout northern, central, and southern California.
(4)
Federal law and implementing regulations directly authorize expedited decisionmaking procedures and environmental and public review procedures to enable timely and appropriate implementation of actions to respond to this type and severity of emergency.
(5)
The emergency requires an immediate and credible response that respects State, local, and tribal law. That the policies that respond to the drought should not pit region against region, or stakeholders against one another.
(6)
It is the policy of the United States to respect California's coequal goals, established by the Delta Reform Act of 2009, of providing a more reliable water supply for California and protecting, restoring, and enhancing the Delta ecosystem. These coequal goals shall be achieved in a manner that protects and enhances the unique cultural, recreational, natural resource, and agricultural values of the Delta as an evolving place.

Sec. 2 Definitions

In this Act:
(1)
Central valley project— The term Central Valley Project has the meaning given the term in section 3403 of the Central Valley Project Improvement Act (106 Stat. 4707).
(2)
Klamath project— The term Klamath Project means the Bureau of Reclamation project in the States of California and Oregon—
(A)
as authorized under the Act of June 17, 1902 (32 Stat. 388, chapter 1093); and
(B)
as described in—
(i)
title II of the Oregon Resource Conservation Act of 1996 (Public Law 104–208; 110 Stat. 3009–532); and
(ii)
the Klamath Basin Water Supply Enhancement Act of 2000 (Public Law 106–498; 114 Stat. 2221).
(3)
Reclamation project— The term Reclamation Project means a project constructed pursuant to the authorities of the reclamation laws and whose facilities are wholly or partially located in the State.
(4)
Secretaries— The term Secretaries means—
(A)
the Administrator of the Environmental Protection Agency;
(B)
the Secretary of Commerce; and
(C)
the Secretary of the Interior.
(5)
State— The term State means the State of California, and any other State where the Governor declares a State of drought emergency in calendar year 2014.
(6)
State water project— The term State Water Project means the water project described by California Water Code section 11550 et seq., and operated by the California Department of Water Resources.

Sec. 3 Emergency projects

(a)
In general— In response to the declaration of a state of drought emergency by the Governor of the State, the Secretaries shall provide the maximum quantity of water supplies possible to Central Valley Project and Klamath Project agricultural, municipal and industrial, and refuge service and repayment contractors, State Water Project contractors, and any other locality or municipality in the State consistent with existing law, including among other things applicable laws and regulations, water quality standards, biological opinions, and court orders.
(b)
Mandate— In carrying out subsection (a), the applicable agency heads described in that subsection shall, consistent with existing law, including among other things applicable laws and regulations, water quality standards, biological opinions, and court orders—
(1)
authorize and implement actions to provide for real time operations of the Delta Cross Channel Gates, with operations determined by the California State Water Resources Control Board, National Marine Fisheries Service, and California Department of Fish and Wildlife to provide water supply, water quality, and ecosystem benefits for the duration of the State's drought emergency declaration;
(2)
collect data associated with the operation of the Delta Cross Channel Gates described in paragraph (1) and its impact on species listed as threatened or endangered under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), water quality, and water supply;
(3)
implement turbidity monitoring and control strategies that may allow for increased water deliveries while avoiding potential jeopardy to adult delta smelt (Hypomesus transpacificus) due to entrainment at Central Valley Project and State Water Project pumping plants;
(4)
implement the San Joaquin River inflow to export ratio called for in the biological opinion issued by the National Marine Fisheries Service on June 4, 2009, including the drought provisions of that biological opinion. If inflows from the San Joaquin River as measured at Vernalis fall below the level that would permit exports to meet public health and safety needs, exports may exceed the ratio, consistent with the biological opinion;
(5)
allow North of Delta water service contractors with unused 2013 Central Valley Project contract supplies to take delivery of those unused supplies through April 15, 2014, if—
(A)
the contractor requests the extension; and
(B)
the requesting contractor certifies that, without the extension, the contractor would have insufficient supplies to adequately meet water delivery obligations;
(6)
maintain all rescheduled water supplies held in the San Luis Reservoir and Millerton Reservoir for all water users for delivery in the immediately following contract water year unless precluded by reservoir storage capacity limitations;
(7)
to the maximum extent possible based on the availability of water and without causing land subsidence—
(A)
meet the contract water supply needs of Central Valley Project refuges through the improvement or installation of wells to use ground water resources of suitable water quality, which activities may be accomplished by using funding made available under section 4 of this Act or the Water Assistance Program of the WaterSMART program of the Department of the Interior;
(B)
make a quantity of Central Valley Project surface water obtained from the measures implemented under subparagraph (A) available to Central Valley Project contractors; and
(C)
to assist in meeting incremental Level 4 needs of CVP refuges, purchase water from willing sellers using funding made available under section 4 of this Act or the Water Assistance Program or the WaterSMART program of the Department of the Interior;
(8)
make WaterSMART grant funding administered by the Bureau of Reclamation available for eligible projects within the State on a priority and expedited basis—
(A)
to provide emergency drinking and municipal water supplies to localities in a quantity necessary to meet public health and safety needs;
(B)
to reduce water demand on irrigated lands;
(C)
to minimize economic losses resulting from drought conditions; and
(D)
to provide innovative water conservation tools and technology for agriculture and urban water use that can have immediate water supply benefits;
(9)
require the Commissioner of Reclamation, in conjunction with the chief of the Natural Resources Conservation Service, to identify projects in the State that do not need Federal or State permitting which can maximize water use efficiencies, prioritized by the cost effectiveness of the efficiencies gained, to inform the funding provided under subsection (3)(b)(10);
(10)
for reserve works only, authorize any annual operation and maintenance deficits owed to the Federal Government and incurred due to delivery of contract water supplies to a Central Valley Project or Klamath Project agricultural or municipal water service contractor during each fiscal year the State emergency drought declaration is in force, to be repaid to the Federal Government over a period of not less than 3 years at the project interest rate, notwithstanding section 106 of Public Law 99–546 (100 Stat. 3052);
(11)
issue proposed rules to update stormwater regulations for urban (municipal) and suburban runoff sources, including strong green infrastructure-based requirements for retention of stormwater runoff;
(12)
approve petitions requesting the EPA to use its residual designation authority to require commercial, industrial, and institutional land uses to control runoff that contributes pollution to rivers, lakes, and beaches;
(13)
issue guidance on use of rainwater capture, including technical guidance on treatment needs and options for different end uses, to better promote use of rainwater capture and on-site reuse; and
(14)
implement authorized proposals to upgrade or replace hydropower turbines that improve cold water fish habitat at Central Valley Project facilities.
(c)
Other agencies— To the extent that they have any role in approving projects to increase water supply projects under subsections (a) and (b), the provisions of this section shall apply to all other Federal agencies.
(d)
Accelerated project decision and elevation—
(1)
In general— Upon the request of the State, the heads of Federal agencies shall use the expedited procedures under this subsection to make final decisions relating to a Federal project to provide additional water supplies pursuant to subsections (a) and (b), consistent with existing law, including among other things applicable laws and regulations, water quality standards, biological opinions, court orders, and section 7 of this Act.
(2)
Request for resolution— Upon the request of the State, the head of an agency referred to in subsection (a) or the head of another Federal agency responsible for carrying out a review of a project, as applicable, the Secretary of the Interior shall convene a final project decision meeting with the heads of all relevant Federal agencies to decide whether to approve a project to provide emergency water supplies.
(3)
Decision—
(A)
The Secretary of the Interior shall hold a meeting requested under this subsection within 7 days of receiving the meeting request; and
(B)
the head of the relevant Federal agency shall issue a final decision on the project within 10 days of the meeting request.
(4)
Notification— Upon receipt of a request for a meeting under this subsection, the Secretary of the Interior shall notify the heads of all relevant Federal agencies of the request, including the project to be reviewed and the date for the meeting.
(5)
Convention by secretary— The Secretary may convene a final project decision meeting under this subsection at any time, at the discretion of the Secretary, regardless of whether a meeting is requested under paragraph (2).
(e)
Termination of authority— The authority under this section expires on the date on which the Governor of the State suspends the state of drought emergency declaration or the end of 2016, whichever is earlier.

Sec. 4 Emergency appropriations

(a)
Appropriation— There is hereby appropriated for fiscal year 2014, out of any money in the Treasury not otherwise appropriated, a total amount of $255,000,000, to remain available until the end of the period during which the State's emergency drought designation is in effect, to be allocated among the following purposes:
(1)
For “Department of the Interior—Bureau of Reclamation—Water and Related Resources” for eligible projects within the State, on a priority and expedited basis, that—
(A)
create drought-tolerant water supplies by implementing water reclamation and reuse projects authorized under title XVI of Public Law 102–575; and
(B)
optimize and conserve water supplies through the WaterSMART program, including—
(i)
by replacing water consuming products or functions with waterless devices or technologies that perform the same function; and
(ii)
by installing districtwide or on-farm water efficiency and conservation technologies, including behavioral water efficiency, system modernizations including leak repair and SCADA systems, and other technologies that have been proven to provide improvements in water use efficiency through the verification of a third party; and
(iii)
water efficiency projects for managed wetlands to improve water conveyance infrastructure, level ponds to reduce the amount of water required to flood them, or install water recirculation systems.
(2)
For assistance under the Reclamation States Emergency Drought Relief Act of 1991 (43 U.S.C. 2201 et seq.) and any other applicable Federal law (including regulations) for the optimization and conservation of water supplies to assist drought-plagued areas of the West. Such assistance may include—
(A)
the installation of ground water wells as requested by the managers of wildlife refuges;
(B)
the purchase or assistance in the purchase of water from willing sellers;
(C)
conservation projects providing water supply benefits in the short term and reducing demand in the long term;
(D)
exchanges with any water districts willing to provide water to meet other districts’ emergency water needs in return for the future delivery of equivalent amounts of water in the same year or in future years;
(E)
maintenance of cover crops to prevent public health impacts from severe dust storms;
(F)
emergency pumping projects for critical health and safety purposes;
(G)
the use of new or innovative water on-farm conservation technologies or methods that may assist in sustaining permanent crops in areas with severe water shortages;
(H)
technical assistance to improve existing irrigation practices to provide water supply benefits; and
(I)
activities to mitigate the impacts of the drought and this Act on threatened and endangered fish and wildlife.
(3)
For “Department of Agriculture—Rural Utilities Service—Rural Water and Waste Disposal Program Account”, not less than $5,000,000 for the cost of direct and guaranteed loans and grants for the rural water, wastewater, and waste disposal programs authorized by sections 306 and 310B or described in section 381E(d)(2) of the Consolidated Farm and Rural Development Act within the State.
(4)
For “Environmental Protection Agency—State and Tribal Assistance Grants”—
(A)
not less than $30,000,000 for capitalization grants for the Clean Water State Revolving Funds under title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.) within the State; and
(B)
not less than $15,000,000 for capitalization grants for the Drinking Water State Revolving Funds under section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j–12) within the State.
(5)
For “Department of Justice—Drug Enforcement Administration”, not less than $3,000,000 for the Domestic Cannabis Eradication and Suppression Program to assist State or local law enforcement agencies in the suppression of cannabis operations that are conducted on public lands or that intentionally trespass on the property of another that also divert, redirect, obstruct, drain, or impound water supply.
(6)
For “Land and Water Conservation Fund”, not less than $50,000,000 shall be provided to the Department of the Interior and U.S. Forest Service for the implementation of projects under the Land and Water Conservation Fund Act of 1965 in drought-affected States that reduce fire risk, improve water quality or downstream water quantity, or expand ground water recharge capacity.
(b)
Emergency designation— The amount under this section is designated by Congress as being for emergency requirements pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)).

Sec. 5 Drought planning assistance

(a)
In general— The Secretary of Agriculture, acting through the Natural Resources Conservation Service, shall provide water supply planning assistance in preparation for and in response to dry, critically dry, and below normal water year types to any water agency in the State who has requested it.
(b)
Types of assistance— Assistance under subsection (a) shall include—
(1)
hydrological forecasting;
(2)
assessment of water supply sources under different water year classification types;
(3)
identification of alternative water supply sources;
(4)
guidance on potential water transfer partners;
(5)
technical assistance regarding Federal and State permits and contracts under the Act of February 21, 1911 (36 Stat. 925, chapter 141) (commonly known as the “Warren Act”);
(6)
installation of districtwide or on-farm water efficiency and conservation technologies, including behavioral water efficiency, system modernizations including leak repair and SCADA systems, and other technologies that have been proven to provide improvements in water use efficiency through the verification of a third party;
(7)
technical assistance regarding emergency provision of water supplies for critical health and safety purposes; and
(8)
activities carried out in conjunction with the National Oceanic and Atmospheric Administration, the National Integrated Drought Information System, and the State partners of the National Integrated Drought Information System under the National Integrated Drought Information System Act of 2006 (15 U.S.C. 313d)—
(A)
to collect and integrate key indicators of drought severity and impacts; and
(B)
to produce and communicate timely monitoring and forecast information to local and regional communities, including the San Joaquin Valley, the Delta, the Central Coast, the Klamath River Basin, and the Trinity River Basin.

Sec. 6 Fisheries disaster declaration

(a)
In general— The Secretary of Commerce shall treat the Proclamation of a State Emergency and associated Executive order issued by the Governor of California on January 17, 2014, as a request for the Secretary to determine under sections 312(a) and 315 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861a(a) and 1864) that there is a commercial fisheries failure and catastrophic regional fishery disaster, respectively, for fisheries that originate in the State of California.
(b)
Sense of congress— It is the sense of the Congress that if the drought conditions continue as projected and negatively impact the fisheries originating in the State of California, and the communities and industries that depend on them, then the Secretary—
(1)
should look favorably upon such request; and
(2)
should immediately propose regulations to provide disaster assistance, funds, and other assistance under, and otherwise implement, such sections with respect to such request, to ensure timely relief for impacted parties.

Sec. 7 Emergency environmental reviews

To minimize the time spent carrying out environmental reviews and to deliver water quickly that is needed to address emergency drought conditions in the State, if necessary, the head of each applicable Federal agency shall, in carrying out this Act, consult with the Council on Environmental Quality in accordance with section 1506.11 of title 40, Code of Federal Regulations (including successor regulations) to develop alternative arrangements to comply with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) during the emergency.

Sec. 8 State revolving funds

The Administrator of the Environmental Protection Agency, in allocating amounts for each of the fiscal years during which the State's emergency drought declaration is in force to State water pollution control revolving funds established under title VI of the Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.) and the State drinking water treatment revolving loan funds established under section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j–12), shall, for those projects that are eligible to receive assistance under section 603 of the Federal Water Pollution Control Act (33 U.S.C. 1383) or section 1452(a)(2) of the Safe Drinking Water Act (42 U.S.C. 300j–12(a)(2)), respectively, that the State determines will provide additional water supplies most expeditiously to areas that are at risk of having an inadequate supply of water for public health and safety purposes or to improve resiliency to drought—
(1)
require the State to review and prioritize funding for such projects;
(2)
issue a determination of waivers within 30 days of the conclusion of the informal public comment period pursuant to section 436(c) of title IV of division G of Public Law 113–76; and
(3)
authorize, at the request of the State, 40-year financing for assistance under section 603(d)(2) of the Federal Water Pollution Control Act (33 U.S.C. 1383(d)(2)) or section 1452(f)(2) of the Safe Drinking Water Act (42 U.S.C. 300j–12(f)(2)).

Sec. 9 Forecasted

(a)
Short title— This section may be cited as the “Fixing Operations of Reservoirs to Encompass Climatic and Atmospheric Science Trends for Emergency Droughts Act” or the “FORECASTED Act”.
(b)
Review of reservoir operations—
(1)
In general— Except as specified in subsection (c), not later than 1 year after a request of a non-Federal sponsor of a reservoir, the Secretary of the Army, in consultation with the Administrator of the National Oceanic and Atmospheric Administration (NOAA), shall review its operation, including the water control manual and rule curves, using improved weather forecasts and run-off forecasting methods, including the Advanced Hydrologic Prediction System of the National Weather Service and the Hydrometeorology Testbed program of NOAA.
(2)
Description of benefits— In conducting the review under subsection (a), the Secretary shall determine if a change in operations, including the use of improved weather forecasts and run-off forecasting methods, will improve one or more of the core functions of the Army Corps of Engineers, including—
(A)
reducing risks to human life, public safety, and property;
(B)
reducing the need for future disaster relief;
(C)
improving local water storage capability and reliability in coordination with the non-Federal sponsor and other water users;
(D)
restoring, protecting, or mitigating the impacts of a water resources development project on the environment; or
(E)
improving fish species habitat or population within the boundaries and downstream of a water resources project.
(3)
Results reported— Not later than 90 days after completion of the review under this section, the Secretary shall submit a report to Congress regarding the results of such review.
(4)
Manual update— As expeditiously as practicable and not later than 3 years after submission of the report under subsection (c), and pursuant to the procedures required under existing authorities, if the Secretary determines from the results of the review that using improved weather and run-off forecasting methods improves one or more core functions of the Army Corps of Engineers at a reservoir, the Secretary shall incorporate such changes in its operation and update the water control manual.
(c)
Emergency projects—
(1)
In general— Upon the declaration by the Governor of a State declaring a drought emergency, the Secretary of the Army in implementing this Act shall use no more than 90 days in complying with all provisions of this Act, including subsection (b)(1) and subsection (b)(4), and shall make use of the emergency provisions of the Council on Environmental Quality guidelines under part 1506.11 of title 40 of the Code of Federal Regulations in complying with the National Environmental Policy Act to minimize time spent in environmental reviews to the greatest extent possible in order to deliver water quickly that is necessary to address emergency drought conditions.
(2)
Termination of authority— Authority under this subsection shall terminate on the date on which the Governor of the State referred to in subsection (a) suspends the drought emergency declaration.

Sec. 10 Compliance with state law regarding ground water monitoring and agricultural water management planning

(a)
Ground water monitoring— None of the funds made available in this Act to any water program within the State of California may be made available to an entity if such entity is not in compliance with the provisions of the State of California's Statewide Groundwater Elevation Monitoring program authorized by SBX7–6, enacted in November 2009.
(b)
Agricultural water management planning— None of the funds made available in this Act to any water program within the State of California may be made available to any Central Valley Project irrigation contractor if such entity does not meet agricultural water management planning requirements established by SBX7–7, enacted in November 2009.

Sec. 11 Emergency supplemental agriculture disaster appropriations

(a)
Funding—
(1)
In general— Notwithstanding any other provision of law, as soon as practicable after the date of enactment of this Act, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary of Agriculture (referred to in this section as the “Secretary”) for the emergency conservation program established under title IV of the Agricultural Credit Act of 1978 (16 U.S.C. 2201 et seq.) and the emergency watershed protection program established under section 403 of the Agricultural Credit Act of 1978 (16 U.S.C. 2203) $100,000,000, to remain available until the end of the period during which the State's emergency drought designation is in effect, to be divided among each applicable program as the Secretary determines to be appropriate—
(A)
to provide to agricultural producers and other eligible entities affected by the 2014 drought assistance upon declaration of a natural disaster under section 321(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961(a)) or for the same purposes for counties that are contiguous to a designated natural disaster area; and
(B)
to carry out any other activities the Secretary determines necessary as a result of the 2014 drought, such as activities relating to wildfire damage.
(2)
Receipt and acceptance— The Secretary shall be entitled to receive, shall accept, and shall use to carry out this subsection the funds transferred under paragraph (1), without further appropriation.
(b)
Emergency assistance program for livestock, honeybees, and farm-Raised fish— Notwithstanding any other applicable limitations under law, the Secretary shall use such sums as are necessary of the funds of the Commodity Credit Corporation to carry out the emergency assistance program for livestock, honeybees, and farm-raised fish under section 531(e) of the Federal Crop Insurance Act (7 U.S.C. 1531(e)) for each fiscal year during the period in which the State's emergency drought designation is in effect, to provide assistance to agricultural producers for losses due to drought.
(c)
FEMA predisaster hazard mitigation grants—
(1)
In general— Notwithstanding any other provision of law, as soon as practicable after the date of enactment of this Act, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Administrator of the Federal Emergency Management Agency $25,000,000 for fiscal year 2014, to remain available until the end of the period during which the State's emergency drought designation is in effect, for mitigation activities related to drought and wildfire hazards.
(2)
Receipt and acceptance— The Administrator of the Federal Emergency Management Agency shall be entitled to receive, shall accept, and shall use to carry out this subsection the funds transferred under paragraph (1), without further appropriation.
(d)
Emergency community water assistance grants—
(1)
In general— Notwithstanding any other provision of law—
(A)
as soon as practicable after the date of enactment of this Act, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary $25,000,000 for fiscal year 2014, to remain available until the end of the period during which the State's emergency drought designation is in effect, to provide emergency community water assistance grants under section 306A of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926a) to address impacts of drought;
(B)
the maximum amount of a grant provided under subparagraph (A) for fiscal year 2014 shall be $1,000,000; and
(C)
for fiscal year 2014, a community whose population is less than 50,000 shall be eligible for a grant under this paragraph.
(2)
Receipt and acceptance— The Secretary shall be entitled to receive, shall accept, and shall use to carry out this subsection the funds transferred under paragraph (1), without further appropriation.
(e)
Office of the Inspector General—
(1)
In general— Notwithstanding any other provision of law, as soon as practicable after the date of enactment of this Act, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Inspector General of the Department of Agriculture $2,000,000 for fiscal year 2014, to remain available until the end of the period during which the State's emergency drought designation is in effect, for oversight of activities carried out by the Department relating to drought.
(2)
Receipt and acceptance— The Inspector General of the Department of Agriculture shall be entitled to receive, shall accept, and shall use to carry out this subsection the funds transferred under paragraph (1), without further appropriation.
(f)
Emergency grants To assist low-Income migrant and seasonal farmworkers—
(1)
In general— Notwithstanding any other provision of law, as soon as practicable after the date of enactment of this Act, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary $25,000,000 for fiscal year 2014, to remain available until the end of the period during which the State's emergency drought designation is in effect, to provide emergency grants to assist low-income migrant and seasonal farmworkers under section 2281 of the Food, Agriculture, Conservation, and Trade Act of 1990 (42 U.S.C. 5177a) to address impacts of drought upon declaration of a natural disaster under section 321(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961(a)) or for the same purposes in counties that are contiguous to a designated natural disaster area.
(2)
Receipt and acceptance— The Secretary shall be entitled to receive, shall accept, and shall use to carry out this subsection the funds transferred under paragraph (1), without further appropriation.
(g)
Emergency forest restoration program—
(1)
In general— Notwithstanding any other provision of law, as soon as practicable after the date of enactment of this Act, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary $25,000,000 for fiscal year 2014, to remain available until the end of the period during which the State's emergency drought designation is in effect, for the Emergency Forest Restoration Program under section 407 of the Agricultural Credit Act of 1978 (16 U.S.C. 2206) to address impacts of drought or wildfire upon declaration of a natural disaster under section 321(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961(a)) or for the same purposes in counties that are contiguous to a designated natural disaster area.
(2)
Receipt and acceptance— The Secretary shall be entitled to receive, shall accept, and shall use to carry out this subsection the funds transferred under paragraph (1), without further appropriation.

Sec. 12 Illegal water diversion for marijuana cultivation

(a)
Determination— Not later than 90 days after the date of enactment of this Act, the Director of the Office of National Drug Control Policy, in collaboration with the Secretary of the Interior and the Administrator of the Environmental Protection Agency, shall determine the amount of water diverted for marijuana cultivation in each of the high intensity drug trafficking areas (as designated under section 707 of the Office of National Drug Control Policy Reauthorization Act of 1998 (21 U.S.C. 1706)) within the State of California.
(b)
Environmental protection agency requirement— Using existing funds, the Administrator of the Environmental Protection Agency shall assign 1 additional member of the Criminal Investigation Division of the Environmental Protection Agency to each of the 3 high intensity drug trafficking areas determined under subsection (a) to have the largest amount of water diverted for marijuana cultivation within the State of California.

Sec. 13 Effect on state laws

Nothing in this Act preempts any State law, including area of origin and other water rights protections.

Sec. 14 Effect on native water and fishing rights

Nothing in this Act is intended to in any way diminish the water, fishing, or other rights of Indian tribes as confirmed by treaty, Executive order, water rights settlement, or other judicial, administrative, or legislative authority, or to diminish the obligations of the Secretary of the Interior on behalf of the United States to assert and protect such rights.

Sec. 15 Treatment of drought under the Robert T. Stafford disaster relief and emergency assistance act

(a)
Findings— Congress finds that—
(1)
the term major disaster (as defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)) includes drought, yet no drought in the 30 years preceding the date of enactment of this Act has been declared by the President to be a major disaster in any of the States in accordance with section 401 of that Act (42 U.S.C. 5170);
(2)
a major drought shall be eligible to be declared a major disaster or state of emergency by the President on the request of the Governor of any State;
(3)
droughts are natural disasters that do occur, and while of a different type of impact, the scale of the impact of a major drought can be equivalent to other disasters that have been declared by the President to be a major disaster under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.); and
(4)
droughts have wide-ranging and long-term impacts on ecosystem health, agriculture production, permanent crops, forests, waterways, air quality, public health, wildlife, employment, communities, State and national parks, and other natural resources of a State and the people of that State that have significant value.
(b)
Amendment— Section 502(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5192(a)) is amended—
(1)
in paragraph (7), by striking “and”;
(2)
in paragraph (8), by striking the period at the end and inserting a semicolon; and
(3)
by adding at the end the following:

“(9) provide disaster unemployment assistance in accordance with section 410;

“(10) provide emergency nutrition assistance in accordance with section 412; and

“(11) provide crisis counseling assistance in accordance with section 416.”

Sec. 16 Klamath basin water supply

The Klamath Basin Water Supply Enhancement Act of 2000 (Public Law 106–498; 114 Stat. 2221) is amended—
(1)
by redesignating sections 4 through 6 as sections 5 through 7, respectively; and
(2)
by inserting after section 3 the following:

“4. Water management and planning activities

“The Secretary is authorized to engage in activities, including entering into agreements and contracts or otherwise making financial assistance available, to reduce water consumption or demand, or to restore ecosystems in the Klamath Basin watershed, including tribal fishery resources held in trust, consistent with collaborative agreements for environmental restoration and settlements of water rights claims.”

Sec. 17 Drought preparedness for fisheries

(a)
Salmon drought plan— Not later than January 1, 2016, the United States Fish and Wildlife Service shall, in consultation with the National Marine Fisheries Service, the Bureau of Reclamation, the Army Corps of Engineers, and the California Department of Fish and Wildlife, prepare a California salmon drought plan. The plan shall investigate options to protect salmon populations originating in the State of California, contribute to the recovery of populations listed under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and contribute to the goals of the Central Valley Project Improvement Act (Public Law 102–575). The plan shall focus on actions that can aid salmon populations during the driest years. Strategies investigated shall include—
(1)
relocating the release location and timing of hatchery fish to avoid predation and temperature impacts;
(2)
barging of hatchery release fish to improve survival and reduce straying;
(3)
coordinating with water users, the Bureau of Reclamation, and the California Department of Water Resources regarding voluntary water transfers, to determine if water released upstream to meet the needs of downstream or South-of-Delta water users can be managed in a way that provides additional benefits for salmon;
(4)
hatchery management modifications, such as expanding hatchery production of listed fish during the driest years, if appropriate; and
(5)
increasing rescue operations of upstream migrating fish.
(b)
Appropriation— There is hereby appropriated for fiscal year 2014, out of any funds in the Treasury not otherwise appropriated, a total amount of $3,000,000, to remain available until the end of the period during which the State's emergency drought designation is in effect, for the United States Fish and Wildlife Service for urgent fish, stream, and hatchery activities related to extreme drought conditions, including work with the National Marine Fisheries Service, the Bureau of Reclamation, the Army Corps of Engineers, the California Department of Fish and Wildlife, or a qualified tribal government.
(c)
Qualified tribal government definition— For the purposes of this section, the term qualified tribal government means any government of an Indian tribe that the Secretary of the Interior determines—
(1)
is involved in salmon management and recovery activities under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and
(2)
has the management and organizational capability to maximize the benefits of assistance provided under this section.

Sec. 18 Water storage-Integrated regional water management, reclamation, and recycling projects

Subtitle F of title IX of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10361 et seq.) is amended by adding at the end the following:

“9511. Water storage-Integrated regional water management, reclamation, and recycling projects

“(a) In general—The Secretary is authorized to enter into cost-shared financial assistance agreements with non-Federal entities in Reclamation States and Hawaii for the planning, design, and construction of permanent water storage and conveyance facilities used solely to regulate and maximize water supplies arising from projects deemed eligible for assistance under this Act or authorized under any other provision of law to—

“(1) recycle impaired surface water and ground water; or

“(2) use integrated and coordinated water management on a watershed or regional scale.

“(b) Priority—In providing financial assistance under this section, the Secretary shall give priority to storage and conveyance components that—

“(1) ensure the efficient and beneficial use of water or reuse of the recycled water;

“(2) consistent with Secretarial Order No. 3297 issued by the Secretary of the Interior on February 22, 2010, support—

“(A) sustainable water management practices; and

“(B) the water sustainability objectives of one or more bureaus of the Department of the Interior or other Federal agencies, including the Department of Agriculture, the Department of Commerce, the Department of Energy, and the Environmental Protection Agency;

“(3) increase the availability of usable water supplies in a watershed or region to benefit people, the economy, and the environment and include adaptive measures needed to address climate change and future demands;

“(4) where practicable, provide flood control or recreation benefits and include the development of incremental hydroelectric power generation;

“(5) include partnerships that go beyond political and institutional jurisdictions to support the efficient use of the limited water resources of a region and the Nation; and

“(6) generate environmental benefits, such as benefits to fisheries, wildlife, wildlife habitats, and water quality, water-dependent ecological systems, and water supply benefits to agricultural and urban water users.

“(c) Federal cost share—The Federal share of the cost of a project authorized in subsection (a) shall be the lesser of 50 percent of total costs or $15,000,000 (adjusted for inflation) and shall be nonreimbursable.

“(d) In-Kind contributions—The non-Federal share of the cost of a project authorized in subsection (a) may include “in-kind” contributions to the planning, design, and construction of a project.

“(e) Title; operation and maintenance costs—The non-Federal entity entering into such financial assistance agreements shall hold title to any and all facilities constructed under this section, and shall be solely responsible for the costs of operating and maintaining such facilities.”

Sec. 19 Emergency planning

(a)
Catastrophic drought plan— Not later than 120 days after the enactment of this Act, the President shall update the National Response Plan and the National Disaster Recovery Framework to include a plan for catastrophic drought that calls on the capabilities of all applicable Federal agencies and departments including the pre-positioning of Federal resources to provide emergency clean water supplies.
(b)
Definitions— For the purposes of this section—
(1)
the term National Response Plan means the National Response Plan or any successor plan prepared under section 502(a)(6) of the Homeland Security Act of 2002; and
(2)
the term National Disaster Recovery Framework means the National Disaster Recovery Framework or any successor document prepared under section 682 of the Post-Katrina Emergency Management Reform Act of 2006.

Sec. 20 Termination of authorities

The authorities under sections 3, 4, 7, 8, and 12 expire on the date on which the Governor of the State suspends the state of drought emergency declaration or the end of 2016, whichever is earlier.