S. 2198 — what changed
Emergency Drought Relief Act of 2014
From Placed on Calendar Senate to Engrossed in Senate. 2 sections amended, 6 added, and 15 removed between Placed on Calendar Senate and Engrossed in Senate.
Section 1 Short title; table of contents
added
Short title— This Act may be cited as the “Emergency Drought Relief Act of 2014”.
added
Table of contents— The table of contents of this Act is as follows:
removed
This Act may be cited as the “Emergency Drought Relief Act of 2014”.
Sec. 2 Findings
changed
The table of contents of this Act are as follows:Congress finds that—
added
as established in the Proclamation of a State of Emergency issued by the Governor of the State on January 17, 2014, the State is experiencing record dry conditions;
added
extremely dry conditions have persisted in the State since 2012, and the drought conditions are likely to persist into the future;
added
the water supplies of the State 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, and the fact that all major Central Valley Project reservoir levels are at or below 50 percent of the capacity of the reservoirs as of April 1, 2014;
added
the 2013–2014 drought constitutes a serious emergency posing immediate and severe risks to human life and safety and to the environment throughout the State;
added
the emergency requires—
added
immediate and credible action that respects the complexity of the water system of the State and the importance of the water system to the entire State; and
added
policies that do not pit stakeholders against one another, which history has shown only leads to costly litigation that benefits no one and prevents any real solutions;
added
Federal law (including regulations) directly authorizes expedited decisionmaking procedures and environmental and public review procedures to enable timely and appropriate implementation of actions to respond to such a type and severity of emergency; and
added
the serious emergency posed by the 2013–2014 drought in the State fully satisfies the conditions necessary for the exercise of emergency decisionmaking, analytical, and public review requirements under—
added
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
added
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
added
water control management procedures of the Corps of Engineers described in section 222.5 of title 33, Code of Federal Regulations (including successor regulations); and
added
the Reclamation States Emergency Drought Relief Act of 1991 (Public Law 102–250; 106 Stat. 53).
Sec. 101 Findings
removed
removed
Congress finds that—
removed
as established in the Proclamation of a State of Emergency issued by the Governor of the State on January 17, 2014, the State is experiencing record dry conditions;
removed
extremely dry conditions have persisted in the State since 2012, and the current drought conditions are likely to persist into the future;
removed
the water supplies of the State 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, and the fact that all major Central Valley Project reservoir levels are below 50 percent of the capacity of the reservoirs as of the date of enactment of this Act;
removed
the 2013–2014 drought constitutes a serious emergency posing immediate and severe risks to human life and safety and to the environment throughout the State;
removed
the emergency requires—
removed
immediate and credible action that respects the complexity of the State of California’s water system and its importance to the entire State; and
removed
policies that do not pit stakeholders against one another, which history has shown only leads to costly litigation that benefits no one and prevents any real solutions;
removed
Federal law (including regulations) directly authorizes expedited decisionmaking procedures and environmental and public review procedures to enable timely and appropriate implementation of actions to respond to such a type and severity of emergency; and
removed
the serious emergency posed by the 2013–2014 drought in the State fully satisfies the conditions necessary for the exercise of emergency decision making, analytical, and public review requirements under—
removed
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
removed
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
removed
water control management procedures of the Corps of Engineers described in section 222.5 of title 33, Code of Federal Regulations (including successor regulations); and
removed
the Reclamation States Emergency Drought Relief Act of 1991 (Public Law 102–250; 106 Stat. 53).
Sec. 102 Definitions
removed
removed
In this title:
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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).
removed
Klamath Project— The term Klamath Project means the Bureau of Reclamation project in the States of California and Oregon—
removed
as authorized under the Act of June 17, 1902 (32 Stat. 388, chapter 1093); and
removed
as described in—
removed
title II of the Oregon Resource Conservation Act of 1996 (Public Law 104–208; 110 Stat. 3009–532); and
removed
the Klamath Basin Water Supply Enhancement Act of 2000 (Public Law 106–498; 114 Stat. 2221).
removed
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.
removed
Secretaries— The term “Secretaries” means—
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the Administrator of the Environmental Protection Agency;
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the Secretary of Commerce; and
removed
the Secretary of the Interior.
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State— The term State means the State of California.
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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. 103 Emergency projects
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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, by approving, consistent with applicable laws (including regulations)—
removed
any project or operations to provide additional water supplies if there is any possible way whatsoever that the Secretaries can do so unless the project or operations constitute a highly inefficient way of providing additional water supplies; and
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any projects or operations as quickly as possible based on available information to address the emergency conditions.
removed
Mandate— In carrying out subsection (a), the applicable agency heads described in that subsection shall, consistent with applicable laws (including regulations)—
removed
authorize and implement actions to ensure that the Delta Cross Channel Gates shall remain open to the greatest extent possible, timed to maximize the peak flood tide period and provide water supply and water quality benefits for the duration of the State's drought emergency declaration, consistent with operational criteria and monitoring criteria developed pursuant to the California State Water Resources Control Board’s Order Approving a Temporary Urgency Change in License and Permit Terms in Response to Drought Conditions, effective January 31, 2014, or a successor order;
removed
removed
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; and
removed
after assessing the data described in subparagraph (A), require the Director of the National Marine Fisheries Service to recommend revisions to operations of the Central Valley Project and the California State Water Project, including, if appropriate, the reasonable and prudent alternatives contained in the biological opinion issued by the National Marine Fisheries Service on June 4, 2009, that are likely to produce fishery, water quality, and water supply benefits;
removed
removed
implement turbidity control strategies that allow for increased water deliveries while avoiding jeopardy to adult delta smelt (Hypomesus transpacificus) due to entrainment at Central Valley Project and State Water Project pumping plants; and
removed
manage reverse flow in Old and Middle Rivers as prescribed by the biological opinion issued by the United States Fish and Wildlife Service and dated December 15, 2008, to minimize water supply reductions for the Central Valley Project and the State Water Project;
removed
adopt a 1:1 inflow to export ratio for the increased flow of the San Joaquin River, as measured as a 3-day running average at Vernalis during the period from April 1 through May 31, resulting from voluntary transfers and exchanges of water supplies, among other purposes;
removed
issue all necessary permit decisions under the authority of the Secretaries within 30 days of receiving a completed application by the State to place and use temporary barriers or operable gates in Delta channels to improve water quantity and quality for State Water Project and Central Valley Project South of Delta water contractors and other water users, which barriers or gates should provide benefits for species protection and in-Delta water user water quality and shall be designed such that formal consultations under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) would not be necessary;
removed
removed
require the Director of the United States Fish and Wildlife Service and the Commissioner of the Bureau of Reclamation to complete all requirements under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) necessary to make final permit decisions on water transfer requests associated with voluntarily fallowing nonpermanent crops in the State, within 30 days of receiving such a request; and
removed
require the Director of the United States Fish and Wildlife Service to allow any water transfer request associated with fallowing to maximize the quantity of water supplies available for nonhabitat uses as long as the fallowing and associated water transfer are in compliance with applicable Federal laws (including regulations);
removed
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—
removed
the contractor requests the extension; and
removed
the requesting contractor certifies that, without the extension, the contractor would have insufficient supplies to adequately meet water delivery obligations;
removed
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;
removed
to the maximum extent possible based on the availability of water and without causing land subsidence—
removed
meet the contract water supply needs of Central Valley Project refuges through the improvement or installation of wells to use groundwater resources and the purchase of water from willing sellers, which activities may be accomplished by using funding made available under section 104 or the Water Assistance Program or the WaterSMART program of the Department of the Interior; and
removed
make a quantity of Central Valley Project surface water obtained from the measures implemented under subparagraph (A) available to Central Valley Project contractors;
removed
make any WaterSMART grant funding allocated to the State available on a priority and expedited basis for projects in the State that—
removed
provide emergency drinking and municipal water supplies to localities in a quantity necessary to meet minimum public health and safety needs;
removed
prevent the loss of permanent crops;
removed
minimize economic losses resulting from drought conditions; or
removed
provide innovative water conservation tools and technology for agriculture and urban water use that can have immediate water supply benefits;
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implement offsite upstream projects in the Delta and upstream Sacramento River and San Joaquin basins, in coordination with the California Department of Water Resources and the California Department of Fish and Wildlife, that offset the effects on species listed as threatened or endangered under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) due to actions taken under this Act; and
removed
use all available scientific tools to identify and implement any changes to real-time operations of Bureau of Reclamation, State, and local water projects that could result in the availability of additional water supplies.
removed
Other agencies— To the extent that a Federal agency other than agencies headed by the Secretaries has a role in approving projects described in subsections (a) and (b), the provisions of this section shall apply to those Federal agencies.
removed
Accelerated project decision and elevation—
removed
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 or operation to provide additional water supplies or address emergency drought conditions pursuant to subsections (a) and (b).
removed
Request for resolution—
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In general— 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.
removed
Meeting— The Secretary of the Interior shall convene a meeting requested under subparagraph (A) not later than 7 days after receiving the meeting request.
removed
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.
removed
Decision— Not later than 10 days after the date on which a meeting is requested under paragraph (2), the head of the relevant Federal agency shall issue a final decision on the project.
removed
Meeting convened 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).
Sec. 104 Emergency funding
removed
removed
Financial assistance—
removed
In general— Financial assistance may be made available under the Reclamation States Emergency Drought Relief Act of 1991 (43 U.S.C. 2201 et seq.), subtitle F of title IX of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10361 et seq.) (commonly known as the “Secure Water Act of 2009”), and any other applicable Federal law (including regulations), to be divided among each applicable program at the discretion of the Secretary for eligible water projects to assist drought-plagued areas of the State and the West.
removed
Additional availability— Financial assistance may be made available under this section to organizations and entities, including tribal governments, that are engaged in collaborative processes to restore the environment while settling water rights claims that are part of an active water rights adjudication or a broader settlement of claims that are part of a basin-wide solution for restoration.
removed
Types of assistance— Assistance under subsection (a) shall include a range of projects, including—
removed
the installation of pumps, temporary barriers, or operable gates for water diversion and fish protection;
removed
the installation of groundwater wells in wildlife refuges and other areas;
removed
the purchase or assistance in the purchase of water from willing sellers;
removed
conservation projects providing water supply benefits in the short-term;
removed
exchanges with any water district willing to provide water to meet the emergency water needs of other water districts in return for the delivery of equivalent quantities of water later that year or in future years;
removed
maintenance of cover crops to prevent public health impacts from severe dust storms;
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emergency pumping projects for critical health and safety purposes;
removed
activities to reduce water demand consistent with a comprehensive program for environmental restoration and settlement of water rights claims;
removed
the use of new or innovative water on-farm water conservation technologies or methods that may assist in sustaining permanent crops in areas with severe water shortages;
removed
technical assistance to improve existing irrigation practices to provide water supply benefits in the short-term; and
removed
any other assistance the Secretary determines to be necessary to increase available water supplies or mitigate drought impacts.
Sec. 105 Emergency environmental reviews
removed
removed
To minimize the time spent carrying out environmental reviews and to deliver water quickly that is needed to address emergency drought conditions, 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. 106 State revolving funds
removed
removed
In general— 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—
removed
require the State to review and prioritize funding for such projects;
removed
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
removed
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)).
removed
Applicability— Paragraphs (2) and (3) of subsection (a) shall apply to any other State—
removed
that has a State-declared drought declaration in force; or
removed
for which a natural disaster has been declared by the Secretary of Agriculture under section 321(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961(a)) for drought or agricultural disaster.
removed
Effect of section— Nothing in this section authorizes the Administrator of the Environmental Protection Agency to modify any funding allocation, funding criteria, or other requirement relating 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) for any State other than as described in subsections (a) and (b).
Sec. 107 Drought planning assistance
removed
removed
In general— Upon the request of Central Valley Project or Klamath Project contractors or other Reclamation Project contractors in the State, the Secretary of the Interior, acting through the Commissioner of Reclamation, shall provide water supply planning assistance in preparation for and in response to dry, critically dry, and below normal water year types to those Central Valley Project or Klamath Project contractors or other Reclamation Project contractors making those requests, including contractors who possess contracts for refuge water supplies or deliver refuge water supplies.
removed
Types of assistance— Assistance under subsection (a) shall include—
removed
hydrological forecasting;
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assessment of water supply sources under different water year classification types;
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identification of alternative water supply sources;
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guidance on potential water transfer partners;
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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”);
removed
technical assistance regarding emergency provision of water supplies for critical health and safety purposes;
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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)—
removed
to collect and integrate key indicators of drought severity and impacts; and
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to produce and communicate timely monitoring and forecast information to local and regional communities, including the San Joaquin Valley, the Delta, and the Central Coast; and
removed
any other assistance the Secretary determines to be necessary.
Sec. 108 Calfed Bay-Delta Act reauthorization
removed
removed
Title I of the Water Supply, Reliability, and Environmental Improvement Act (118 Stat. 1681; 123 Stat. 2860) (as amended by section 207 of title II of division D of the Consolidated Appropriations Act, 2014) is amended by striking “2015” each place it appears and inserting “2018”.
Sec. 109 Reclamation States Emergency Drought Relief Act reauthorization
removed
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In general— Section 301 of the Reclamation States Emergency Drought Relief Act of 1991 (43 U.S.C. 2241) is amended—
removed
by striking “$90,000,000” and inserting “$190,000,000”; and
removed
by striking “2012” and inserting “2019”.
removed
Conforming amendment— Section 104(c) of the Reclamation States Emergency Drought Relief Act of 1991 (43 U.S.C. 2214(c)) is amended by striking “2017” and inserting “2019”.
Sec. 110 Secure Water Act reauthorization
removed
removed
Section 9504 of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10364) is amended—
removed
in subsection (a)—
removed
in paragraph (2)(A)—
removed
by striking “; and” and inserting “; or”;
removed
by striking “(A) be located within the States” and inserting the following:
removed
“(A) be located within—
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“(i) the States”
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by adding at the end the following:
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“(ii) the State of Hawaii; and”
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in paragraph (3)(E), by adding at the end the following:
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“(v) Authority of Commissioner—The Commissioner of Reclamation may, at the discretion of the Commissioner—
removed
“(I) waive any cost-share requirements to address emergency situations; and
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“(II) prioritize projects based on the ability of the projects to expeditiously yield water supply benefits during periods of drought.”
removed
in subsection (e), by striking “$200,000,000” and inserting “$300,000,000”.
Sec. 111 Colorado River Basin System water
removed
removed
In general— As soon as practicable after the date of enactment of this Act, consistent with the purposes of section 9504 of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10364), the Secretary of the Interior (referred to in this section as the “Secretary”) shall fund or participate in pilot projects to increase Colorado River System water in Lake Mead and the initial units of Colorado River Storage Project reservoirs, as authorized by the first section of the Act of April 11, 1956 (43 U.S.C. 620), to address the effects of historic drought conditions.
removed
Administration— Pilot projects under this section shall be funded through—
removed
grants by the Secretary to public entities that use water from the Colorado River Basin for municipal purposes, for projects that are implemented by 1 or more non-Federal entities; or
removed
grants or other appropriate financial agreements to provide additional funds for renewing or implementing water conservation agreements that are in existence on the date of enactment of this Act.
removed
Upper Colorado River Basin Fund— Funds in the Upper Colorado River Basin Fund established by section 5 of the Colorado River Storage Project Act (43 U.S.C. 620d) shall not be used to carry out this section.
Sec. 112 Effect on State laws
removed
removed
Nothing in this Act preempts any State law in effect on the date of enactment of this Act, including area of origin and other water rights protections.
Sec. 113 Klamath Basin water supply
removed
removed
The Klamath Basin Water Supply Enhancement Act of 2000 (Public Law 106–498; 114 Stat. 2221) is amended—
removed
by redesignating sections 4 through 6 as sections 5 through 7, respectively; and
removed
by inserting after section 3 the following:
removed
“4. Water management and planning activities
removed
“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 (including tribal fishery resources held in trust) in the Klamath Basin watershed, consistent with collaborative agreements for environmental restoration and settlements of water rights claims.”
Sec. 114 Termination of authorities
removed
removed
Emergency projects— The authority under section 103 expires on the date on which the Governor of the State suspends the state of drought emergency declaration.
removed
Other authority— The authority under sections 104, 105, and 106 shall expire in a State or area on the earlier of—
removed
the date on which the emergency drought declaration for the State or area is withdrawn; or
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the date on which the Secretary of Agriculture suspends the natural disaster declaration issued under section 321(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961(a)) for drought or an agricultural disaster for the State or area.
Sec. 201 Treatment of drought under the Robert T. Stafford Disaster Relief and Emergency Assistance Act
removed
removed
Findings— Congress finds that—
removed
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);
removed
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;
removed
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
removed
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.
removed
Federal emergency assistance— Section 502(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5192(a)) is amended—
removed
in paragraph (7), by striking “and” after the semicolon at the end;
removed
in paragraph (8), by striking the period at the end and inserting a semicolon; and
removed
by adding at the end the following:
removed
“(9) provide disaster unemployment assistance in accordance with section 410;
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“(10) provide emergency nutrition and other assistance in accordance with section 412; and
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“(11) provide crisis counseling assistance in accordance with section 416.”
Sec. 3 Definitions
addedadded In this Act:
added
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).
added
Klamath Project— The term Klamath Project means the Bureau of Reclamation project in the States of California and Oregon, as authorized under the Act of June 17, 1902 (32 Stat. 388, chapter 1093).
added
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.
added
Secretaries— The term “Secretaries” means—
added
the Administrator of the Environmental Protection Agency;
added
the Secretary of Agriculture;
added
the Secretary of Commerce; and
added
the Secretary of the Interior.
added
State— The term State means the State of California.
added
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. 4 Emergency projects
added
added
Water supplies—
added
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 agricultural, municipal and industrial, and refuge service and repayment contractors, State Water Project contractors, and any other locality or municipality in the State, by approving, consistent with applicable laws (including regulations), projects and operations to provide additional water supplies as quickly as possible based on available information to address the emergency conditions.
added
Application— Paragraph (1) applies to projects or operations involving the Klamath Project if the projects or operations would benefit Federal water contractors in the State.
added
Limitation— Nothing in this section allows agencies to approve projects—
added
that would otherwise require congressional authorization; or
added
without following procedures required by applicable law.
added
Administration— In carrying out subsection (a), the Secretaries shall, consistent with applicable laws (including regulations)—
added
authorize and implement actions to ensure that the Delta Cross Channel Gates shall remain open to the greatest extent possible, timed to maximize the peak flood tide period and provide water supply and water quality benefits for the duration of the drought emergency declaration of the State, consistent with operational criteria and monitoring criteria developed pursuant to the California State Water Resources Control Board’s Order Approving a Temporary Urgency Change in License and Permit Terms in Response to Drought Conditions, effective January 31, 2014, or a successor order;
added
added
collect data associated with the operation of the Delta Cross Channel Gates described in paragraph (1) and the impact of the operation 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; and
added
after assessing the data described in subparagraph (A), require the Director of the National Marine Fisheries Service to recommend revisions to operations of the Central Valley Project and the California State Water Project, including, if appropriate, the reasonable and prudent alternatives contained in the biological opinion issued by the National Marine Fisheries Service on June 4, 2009, that are likely to produce fishery, water quality, and water supply benefits;
added
added
implement turbidity control strategies that allow for increased water deliveries while avoiding jeopardy to adult delta smelt (Hypomesus transpacificus) due to entrainment at Central Valley Project and State Water Project pumping plants; and
added
manage reverse flow in the Old and Middle Rivers as prescribed by the biological opinions issued by the United States Fish and Wildlife Service on December 15, 2008, for Delta smelt and by the National Marine Fisheries Service on June 4, 2009, for salmonids, to minimize water supply reductions for the Central Valley Project and the State Water Project;
added
adopt a 1:1 inflow to export ratio for the increased flow of the San Joaquin River, as measured as a 3-day running average at Vernalis during the period from April 1 through May 31, resulting from voluntary transfers and exchanges of water supplies, among other purposes;
added
issue all necessary permit decisions under the authority of the Secretaries within 30 days of receiving a completed application by the State to place and use temporary barriers or operable gates in Delta channels to improve water quantity and quality for State Water Project and Central Valley Project South of Delta water contractors and other water users, which barriers or gates should provide benefits for species protection and in-Delta water user water quality and shall be designed such that formal consultations under section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) would not be necessary;
added
added
require the Director of the United States Fish and Wildlife Service and the Commissioner of the Bureau of Reclamation to complete all requirements under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) necessary to make final permit decisions on water transfer requests associated with voluntarily fallowing nonpermanent crops in the State, within 30 days of receiving such a request; and
added
require the Director of the United States Fish and Wildlife Service to allow any water transfer request associated with fallowing to maximize the quantity of water supplies available for nonhabitat uses as long as the fallowing and associated water transfer are in compliance with applicable Federal laws (including regulations);
added
participate in, issue grants, or otherwise provide funding for, as soon as practicable after the date of enactment of this Act, under existing authority available to the Secretary of the Interior, pilot projects to increase water in reservoirs in regional river basins experiencing extreme, exceptional, or sustained drought that have a direct impact on the water supply of the State, including the Colorado River Basin, provided that any participation, grant, or funding by the Secretary with respect to the Upper Division shall be with or to the respective State;
added
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;
added
to the maximum extent possible based on the availability of water and without causing land subsidence or violating water quality standards—
added
meet the contract water supply needs of Central Valley Project refuges through the improvement or installation of water conservation measures, water conveyance facilities, and wells to use groundwater resources, which activities may be accomplished by using funding made available under the Water Assistance Program or the WaterSMART program of the Department of the Interior; and
added
make a quantity of Central Valley Project surface water obtained from the measures implemented under subparagraph (A) available to Central Valley Project contractors;
added
in coordination with the Secretary of Agriculture, enter into an agreement with the National Academy of Sciences to conduct a comprehensive study, to be completed not later than 1 year after the date of enactment of this Act, on the effectiveness and environmental impacts of saltcedar biological control efforts on increasing water supplies and improving riparian habitats of the Colorado River and its principal tributaries, in the State and elsewhere;
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make any WaterSMART grant funding allocated to the State available on a priority and expedited basis for projects in the State that—
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provide emergency drinking and municipal water supplies to localities in a quantity necessary to meet minimum public health and safety needs;
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prevent the loss of permanent crops;
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minimize economic losses resulting from drought conditions; or
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provide innovative water conservation tools and technology for agriculture and urban water use that can have immediate water supply benefits;
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implement offsite upstream projects in the Delta and upstream Sacramento River and San Joaquin basins, in coordination with the California Department of Water Resources and the California Department of Fish and Wildlife, that offset the effects on species listed as threatened or endangered under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) due to actions taken under this Act; and
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use all available scientific tools to identify any changes to real-time operations of Bureau of Reclamation, State and local water projects that could result in the availability of additional water supplies.
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Other agencies— To the extent that a Federal agency other than agencies headed by the Secretaries has a role in approving projects described in subsections (a) and (c), this section shall apply to those Federal agencies.
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Accelerated project decision and elevation—
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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 or operation to provide additional water supplies or address emergency drought conditions pursuant to subsections (a) and (c).
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Request for resolution—
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In general— 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.
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Meeting— The Secretary of the Interior shall convene a meeting requested under subparagraph (A) not later than 7 days after receiving the meeting request.
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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.
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Decision— Not later than 10 days after the date on which a meeting is requested under paragraph (2), the head of the relevant Federal agency shall issue a final decision on the project.
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Meeting convened by Secretary— The Secretary of the Interior 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).
Sec. 5 Emergency environmental reviews
addedadded 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, 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. 6 State revolving funds
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In general— The Administrator of the Environmental Protection Agency, in allocating amounts for each of the fiscal years during which the emergency drought declaration of the State 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—
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require the State to review and prioritize funding for such projects;
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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
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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)).
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Effect of section— Nothing in this section authorizes the Administrator of the Environmental Protection Agency to modify any funding allocation, funding criteria, or other requirement relating 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) for any other State.
Sec. 7 Effect on State laws
addedadded Nothing in this Act preempts any State law in effect on the date of enactment of this Act, including area of origin and other water rights protections.
Sec. 8 Termination of authorities
addedadded The authorities under section 4(a), paragraphs (1) through (6) of section 4(c), paragraphs (8) and (9) of section 4(c), paragraphs (11) through (13) of section 4(c), section 5, and section 6 permanently expire on the date on which the Governor of the State suspends the state of drought emergency declaration.