I 

113TH CONGRESS 

2D SESSION H. R. 4039 

To direct the Secretary of the Interior, the Secretary of Commerce, and 

the Administrator of the Environmental Protection Agency to take actions to provide additional water supplies and disaster assistance to 

the State of California due to drought, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 11, 2014 

Mr. COSTA (for himself, Mr. CA ́RDENAS, and Mr. FARR) introduced the following bill; which was referred to the Committee on Natural Resources, 

and in addition to the Committees on Transportation and Infrastructure, 

Energy and Commerce, Agriculture, and the Budget, for a period to be 

subsequently determined by the Speaker, in each case for consideration 

of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To direct the Secretary of the Interior, the Secretary of 

Commerce, and the Administrator of the Environmental 

Protection Agency to take actions to provide additional 

water supplies and disaster assistance to the State of 

California due to drought, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘California Emergency 

5 Drought Relief Act of 2014’’. 


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1 SEC. 2. TABLE OF CONTENTS. 

2 The table of contents of this Act are as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—CALIFORNIA EMERGENCY DROUGHT RELIEF 

Sec. 101. Findings. 

Sec. 102. Definitions. 

Sec. 103. Emergency projects. 

Sec. 104. Emergency funding. 

Sec. 105. Emergency environmental reviews. 

Sec. 106. State revolving funds. 

Sec. 107. Drought planning assistance. 

Sec. 108. Calfed Bay-Delta Act reauthorization. 

Sec. 109. Reclamation States Emergency Drought Relief Act reauthorization. 

Sec. 110. Secure Water Act reauthorization. 

Sec. 111. Effect on State laws. 

Sec. 112. Klamath Basin water supply. 

Sec. 113. Termination of authorities. 

TITLE II—EMERGENCY SUPPLEMENTAL AGRICULTURE DISASTER 

APPROPRIATIONS 

Sec. 201. Emergency supplemental agriculture disaster appropriations. 

TITLE III—FEDERAL DISASTER ASSISTANCE 

Sec. 301. Treatment of drought under the Robert T. Stafford Disaster Relief 

and Emergency Assistance Act. 

TITLE IV—EMERGENCY DESIGNATIONS 

Sec. 401. Emergency designations. 

3 TITLE I—CALIFORNIA 

4 EMERGENCY DROUGHT RELIEF 

5 SEC. 101. FINDINGS. 

6 Congress finds that— 

7 (1) as established in the Proclamation of a 

8 State of Emergency issued by the Governor of the 

9 State on January 17, 2014, the State is experi10 encing record dry conditions; 


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1 (2) extremely dry conditions have persisted in 

2 the State since 2012, and the current drought condi3 tions are likely to persist into the future; 

4 (3) the water supplies of the State are at 

5 record-low levels, as indicated by a statewide average 

6 snowpack of 12 percent of the normal average for 

7 winter as of February 1, 2014, and the fact that all 

8 major Central Valley Project reservoir levels are 

9 below 50 percent of the capacity of the reservoirs as 

10 of the date of enactment of this Act; 

11 (4) the 2013–2014 drought constitutes a seri12 ous emergency posing immediate and severe risks to 

13 human life and safety and to the environment 

14 throughout the State; 

15 (5) the emergency requires— 

16 (A) immediate and credible action that re17 spects the complexity of the State of Califor18 nia’s water system and its importance to the 

19 entire State; and 

20 (B) policies that do not pit stakeholders 

21 against one another, which history has shown 

22 only leads to costly litigation that benefits no 

23 one and prevents any real solutions; 

24 (6) Federal law (including regulations) directly 

25 authorizes expedited decisionmaking procedures and 


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1 environmental and public review procedures to en2 able timely and appropriate implementation of ac3 tions to respond to such a type and severity of emer4 gency; and 

5 (7) the serious emergency posed by the 2013– 

6 2014 drought in the State fully satisfies the condi7 tions necessary for the exercise of emergency deci8 sionmaking, analytical, and public review require9 ments under— 

10 (A) the Endangered Species Act of 1973 

11 (16 U.S.C. 1531 et seq.); 

12 (B) the National Environmental Policy Act 

13 of 1969 (42 U.S.C. 4321 et seq.); 

14 (C) water control management procedures 

15 of the Corps of Engineers described in section 

16 222.5 of title 33, Code of Federal Regulations 

17 (including successor regulations); and 

18 (D) the Reclamation States Emergency 

19 Drought Relief Act of 1991 (Public Law 102– 

20 250; 106 Stat. 53). 

21 SEC. 102. DEFINITIONS. 

22 In this title: 

23 (1) CENTRAL VALLEY PROJECT.—The term 

24 ‘‘Central Valley Project’’ has the meaning given the 


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1 term in section 3403 of the Central Valley Project 

2 Improvement Act (106 Stat. 4707). 

3 (2) KLAMATH PROJECT.—The term ‘‘Klamath 

4 Project’’ means the Bureau of Reclamation project 

5 in the States of California and Oregon— 

6 (A) as authorized under the Act of June 

7 17, 1902 (32 Stat. 388, chapter 1093); and 

8 (B) as described in— 

9 (i) title II of the Oregon Resource 

10 Conservation Act of 1996 (Public Law 

11 104–208; 110 Stat. 3009–532); and 

12 (ii) the Klamath Basin Water Supply 

13 Enhancement Act of 2000 (Public Law 

14 106–498; 114 Stat. 2221). 

15 (3) RECLAMATION PROJECT.—The term ‘‘Rec16 lamation Project’’ means a project constructed pur17 suant to the authorities of the reclamation laws and 

18 whose facilities are wholly or partially located in the 

19 State. 

20 (4) RESERVED WORKS.—The term ‘‘reserved 

21 works’’ means Bureau of Reclamation-owned project 

22 facilities for which the operations and maintenance 

23 are performed by employees of the Bureau of Rec24 lamation or by contract, regardless of funding 

25 source. 


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1 (5) SECRETARIES.—The term ‘‘Secretaries’’ 

2 means— 

3 (A) the Administrator of the Environ4 mental Protection Agency; 

5 (B) the Secretary of Commerce; and 

6 (C) the Secretary of the Interior. 

7 (6) STATE.—The term ‘‘State’’ means the State 

8 of California. 

9 (7) STATE WATER PROJECT.—The term ‘‘State 

10 Water Project’’ means the water project described 

11 by California Water Code section 11550 et seq., and 

12 operated by the California Department of Water Re13 sources. 

14 SEC. 103. EMERGENCY PROJECTS. 

15 (a) IN GENERAL.—In response to the declaration of 

16 a state of drought emergency by the Governor of the 

17 State, the Secretaries shall provide the maximum quantity 

18 of water supplies possible to Central Valley Project and 

19 Klamath Project agricultural, municipal and industrial, 

20 and refuge service and repayment contractors, State 

21 Water Project contractors, and any other locality or mu22 nicipality in the State, by approving, consistent with appli23 cable laws (including regulations)— 

24 (1) any project or operations to provide addi25 tional water supplies if there is any possible way 


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1 whatsoever that the Secretaries can do so unless the 

2 project or operations constitute a highly inefficient 

3 way of providing additional water supplies; and 

4 (2) any projects or operations as quickly as pos5 sible based on available information to address the 

6 emergency conditions. 

7 (b) MANDATE.—In carrying out subsection (a), the 

8 applicable agency heads described in that subsection shall, 

9 consistent with applicable laws (including regulations)— 

10 (1) authorize and implement actions to ensure 

11 that the Delta Cross Channel Gates shall remain 

12 open to the greatest extent possible, timed to maxi13 mize the peak flood tide period and provide water 

14 supply and water quality benefits for the duration of 

15 the State’s drought emergency declaration, con16 sistent with operational criteria and monitoring cri17 teria developed pursuant to the California State 

18 Water Resources Control Board’s Order Approving a 

19 Temporary Urgency Change in License and Permit 

20 Terms in Response to Drought Conditions, effective 

21 January 31, 2014, or a successor order; 

22 (2)(A) collect data associated with the operation 

23 of the Delta Cross Channel Gates described in para24 graph (1) and its impact on species listed as threat25 ened or endangered under the Endangered Species 


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1 Act of 1973 (16 U.S.C. 1531 et seq.), water quality, 

2 and water supply; and 

3 (B) after assessing the data described in sub4 paragraph (A), require the Director of the National 

5 Marine Fisheries Service to recommend revisions to 

6 operations of the Central Valley Project and the 

7 California State Water Project, including, if appro8 priate, the reasonable and prudent alternatives con9 tained in the biological opinion issued by the Na10 tional Marine Fisheries Service on June 4, 2009, 

11 that are likely to produce fishery, water quality, and 

12 water supply benefits; 

13 (3)(A) implement turbidity control strategies 

14 that allow for increased water deliveries while avoid15 ing jeopardy to adult delta smelt (Hypomesus 

16 transpacificus) due to entrainment at Central Valley 

17 Project and State Water Project pumping plants; 

18 and 

19 (B) manage reverse flow in Old and Middle Riv20 ers as prescribed by the biological opinion issued by 

21 the United States Fish and Wildlife Service and 

22 dated December 15, 2008, to minimize water supply 

23 reductions for the Central Valley Project and the 

24 State Water Project; 


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1 (4) adopt a 1:1 inflow to export ratio for the in2 creased flow of the San Joaquin River, as measured 

3 as a 3-day running average at Vernalis during the 

4 period from April 1 through May 31, resulting from 

5 voluntary transfers and exchanges of water supplies, 

6 among other purposes; 

7 (5) issue all necessary permit decisions under 

8 the authority of the Secretaries within 30 days of re9 ceiving a completed application by the State to place 

10 and use temporary barriers or operable gates in 

11 Delta channels to improve water quantity and qual12 ity for State Water Project and Central Valley 

13 Project South of Delta water contractors and other 

14 water users, which barriers or gates should provide 

15 benefits for species protection and in-Delta water 

16 user water quality and shall be designed such that 

17 formal consultations under section 7 of the Endan18 gered Species Act of 1973 (16 U.S.C. 1536) would 

19 not be necessary; 

20 (6)(A) require the Director of the United States 

21 Fish and Wildlife Service and the Commissioner of 

22 the Bureau of Reclamation to complete all require23 ments under the National Environmental Policy Act 

24 of 1969 (42 U.S.C. 4321 et seq.) and the Endan25 gered Species Act of 1973 (16 U.S.C. 1531 et seq.) 


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1 necessary to make final permit decisions on water 

2 transfer requests associated with voluntarily 

3 fallowing nonpermanent crops in the State, within 

4 30 days of receiving such a request; and 

5 (B) require the Director of the United States 

6 Fish and Wildlife Service to allow any water transfer 

7 request associated with fallowing to maximize the 

8 quantity of water supplies available for nonhabitat 

9 uses as long as the fallowing and associated water 

10 transfer are in compliance with applicable Federal 

11 laws (including regulations); 

12 (7) allow North of Delta water service contrac13 tors with unused 2013 Central Valley Project con14 tract supplies to take delivery of those unused sup15 plies through April 15, 2014, if— 

16 (A) the contractor requests the extension; 

17 and 

18 (B) the requesting contractor certifies 

19 that, without the extension, the contractor 

20 would have insufficient supplies to adequately 

21 meet water delivery obligations; 

22 (8) maintain all rescheduled water supplies held 

23 in the San Luis Reservoir and Millerton Reservoir 

24 for all water users for delivery in the immediately 


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1 following contract water year unless precluded by 

2 reservoir storage capacity limitations; 

3 (9) to the maximum extent possible based on 

4 the availability of water and without causing land 

5 subsidence— 

6 (A) meet the contract water supply needs 

7 of Central Valley Project refuges through the 

8 improvement or installation of wells to use 

9 groundwater resources and the purchase of 

10 water from willing sellers, which activities may 

11 be accomplished by using funding made avail12 able under section 104 or the Water Assistance 

13 Program or the WaterSMART program of the 

14 Department of the Interior; and 

15 (B) make a quantity of Central Valley 

16 Project surface water obtained from the meas17 ures implemented under subparagraph (A) 

18 available to Central Valley Project contractors; 

19 (10) make WaterSMART grant funding admin20 istered by the Bureau of Reclamation available for 

21 eligible projects within the State on a priority and 

22 expedited basis— 

23 (A) to provide emergency drinking and 

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1 tity necessary to meet minimum public health 

2 and safety needs; 

3 (B) to prevent the loss of permanent crops; 

4 (C) to minimize economic losses resulting 

5 from drought conditions; and 

6 (D) to provide innovative water conserva7 tion tools and technology for agriculture and 

8 urban water use that can have immediate water 

9 supply benefits; 

10 (11) implement offsite upstream projects in the 

11 Delta and upstream Sacramento River and San Joa12 quin basins, in coordination with the California De13 partment of Water Resources and the California De14 partment of Fish and Wildlife, that offset the effects 

15 on species listed as threatened or endangered under 

16 the Endangered Species Act of 1973 (16 U.S.C. 

17 1531 et seq.) due to actions taken under this Act; 

18 (12) for reserved works only, authorize annual 

19 operation and maintenance deficits, owed to the 

20 Federal Government and incurred due to delivery of 

21 contract water supplies to a Central Valley Project 

22 or Klamath Project water contractor during each fis23 cal year the State emergency drought declaration is 

24 in force, to accrue without interest for a period of 

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1 tion 106 of Public Law 99–546 (100 Stat. 3052), to 

2 the Federal Government over a period of not more 

3 than 10 years at the lesser of— 

4 (A) the project interest rate; and 

5 (B) the rate specified in section 106 of 

6 Public Law 99–546 (100 Stat. 3052); and 

7 (13) use all available scientific tools to identify 

8 and implement any changes to real-time operations 

9 of Bureau of Reclamation, State, and local water 

10 projects that could result in the availability of addi11 tional water supplies. 

12 (c) OTHER AGENCIES.—To the extent that a Federal 

13 agency other than agencies headed by the Secretaries has 

14 a role in approving projects described in subsections (a) 

15 and (b), the provisions of this section shall apply to those 

16 Federal agencies. 

17 (d) ACCELERATED PROJECT DECISION AND ELE18 VATION.— 

19 (1) IN GENERAL.—Upon the request of the 

20 State, the heads of Federal agencies shall use the 

21 expedited procedures under this subsection to make 

22 final decisions relating to a Federal project or oper23 ation to provide additional water supplies or address 

24 emergency drought conditions pursuant to sub25 sections (a) and (b). 


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1 (2) REQUEST FOR RESOLUTION.— 

2 (A) IN GENERAL.—Upon the request of 

3 the State, the head of an agency referred to in 

4 subsection (a), or the head of another Federal 

5 agency responsible for carrying out a review of 

6 a project, as applicable, the Secretary of the In7 terior shall convene a final project decision 

8 meeting with the heads of all relevant Federal 

9 agencies to decide whether to approve a project 

10 to provide emergency water supplies. 

11 (B) MEETING.—The Secretary of the Inte12 rior shall convene a meeting requested under 

13 subparagraph (A) not later than 7 days after 

14 receiving the meeting request. 

15 (3) NOTIFICATION.—Upon receipt of a request 

16 for a meeting under this subsection, the Secretary of 

17 the Interior shall notify the heads of all relevant 

18 Federal agencies of the request, including the 

19 project to be reviewed and the date for the meeting. 

20 (4) DECISION.—Not later than 10 days after 

21 the date on which a meeting is requested under 

22 paragraph (2), the head of the relevant Federal 

23 agency shall issue a final decision on the project. 

24 (5) MEETING CONVENED BY SECRETARY.—The 

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1 ing under this subsection at any time, at the discre2 tion of the Secretary, regardless of whether a meet3 ing is requested under paragraph (2). 

4 SEC. 104. EMERGENCY FUNDING. 

5 (a) FINANCIAL ASSISTANCE.— 

6 (1) IN GENERAL.—Financial assistance may be 

7 made available under the Reclamation States Emer8 gency Drought Relief Act of 1991 (43 U.S.C. 2201 

9 et seq.), subtitle F of title IX of the Omnibus Public 

10 Land Management Act of 2009 (42 U.S.C. 10361 et 

11 seq.) (commonly known as the ‘‘Secure Water Act of 

12 2009’’), and any other applicable Federal law (in13 cluding regulations), to be divided among each appli14 cable program at the discretion of the Secretary for 

15 the optimization and conservation of Reclamation 

16 Project water supplies to assist drought-plagued 

17 areas of the State and the West. 

18 (2) ADDITIONAL AVAILABILITY.—Financial as19 sistance may be made available under this section to 

20 organizations and entities, including tribal govern21 ments, that are engaged in collaborative processes to 

22 restore the environment while settling water rights 

23 claims that are part of an active water rights adju24 dication or a broader settlement of claims that are 

25 part of a basin-wide solution for restoration. 


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1 (b) TYPES OF ASSISTANCE.—Assistance under sub2 section (a) shall include a range of projects, including— 

3 (1) the installation of pumps, temporary bar4 riers, or operable gates for water diversion and fish 

5 protection; 

6 (2) the installation of groundwater wells in 

7 wildlife refuges and other areas; 

8 (3) the purchase or assistance in the purchase 

9 of water from willing sellers; 

10 (4) conservation projects providing water supply 

11 benefits in the short-term; 

12 (5) exchanges with any water district willing to 

13 provide water to meet the emergency water needs of 

14 other water districts in return for the delivery of 

15 equivalent quantities of water later that year or in 

16 future years; 

17 (6) maintenance of cover crops to prevent pub18 lic health impacts from severe dust storms; 

19 (7) emergency pumping projects for critical 

20 health and safety purposes; 

21 (8) activities to reduce water demand consistent 

22 with a comprehensive program for environmental 

23 restoration and settlement of water rights claims; 

24 (9) the use of new or innovative water on-farm 

25 water conservation technologies or methods that may 


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1 assist in sustaining permanent crops in areas with 

2 severe water shortages; 

3 (10) technical assistance to improve existing ir4 rigation practices to provide water supply benefits in 

5 the short-term; and 

6 (11) any other assistance the Secretary deter7 mines to be necessary to increase available water 

8 supplies or mitigate drought impacts. 

9 (c) FUNDING.—There is appropriated, out of funds 

10 of the Treasury not otherwise appropriated, $100,000,000 

11 to the Secretary of the Interior and the Secretary of Com12 merce to carry out this section. 

13 SEC. 105. EMERGENCY ENVIRONMENTAL REVIEWS. 

14 To minimize the time spent carrying out environ15 mental reviews and to deliver water quickly that is needed 

16 to address emergency drought conditions in the State, the 

17 head of each applicable Federal agency shall, in carrying 

18 out this Act, consult with the Council on Environmental 

19 Quality in accordance with section 1506.11 of title 40, 

20 Code of Federal Regulations (including successor regula21 tions) to develop alternative arrangements to comply with 

22 the National Environmental Policy Act of 1969 (42 U.S.C. 

23 4321 et seq.) during the emergency. 


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1 SEC. 106. STATE REVOLVING FUNDS. 

2 The Administrator of the Environmental Protection 

3 Agency, in allocating amounts for each of the fiscal years 

4 during which the State’s emergency drought declaration 

5 is in force to State water pollution control revolving funds 

6 established under title VI of the Federal Water Pollution 

7 Control Act (33 U.S.C. 1381 et seq.) and the State drink8 ing water treatment revolving loan funds established 

9 under section 1452 of the Safe Drinking Water Act (42 

10 U.S.C. 300j–12), shall, for those projects that are eligible 

11 to receive assistance under section 603 of the Federal 

12 Water Pollution Control Act (33 U.S.C. 1383) or section 

13 1452(a)(2) of the Safe Drinking Water Act (42 U.S.C. 

14 300j–12(a)(2)), respectively, that the State determines 

15 will provide additional water supplies most expeditiously 

16 to areas that are at risk of having an inadequate supply 

17 of water for public health and safety purposes or to im18 prove resiliency to drought— 

19 (1) require the State to review and prioritize 

20 funding for such projects; 

21 (2) issue a determination of waivers within 30 

22 days of the conclusion of the informal public com23 ment period pursuant to section 436(c) of title IV of 

24 division G of Public Law 113–76; and 

25 (3) authorize, at the request of the State, 40- 

26 year financing for assistance under section 


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1 603(d)(2) of the Federal Water Pollution Control 

2 Act (33 U.S.C. 1383(d)(2)) or section 1452(f)(2) of 

3 the Safe Drinking Water Act (42 U.S.C. 300j– 

4 12(f)(2)). 

5 SEC. 107. DROUGHT PLANNING ASSISTANCE. 

6 (a) IN GENERAL.—Upon the request of Central Val7 ley Project or Klamath Project contractors or other Rec8 lamation Project contractors in the State, the Secretary 

9 of the Interior, acting through the Commissioner of Rec10 lamation, shall provide water supply planning assistance 

11 in preparation for and in response to dry, critically dry, 

12 and below normal water year types to those Central Valley 

13 Project or Klamath Project contractors or other Reclama14 tion Project contractors making those requests, including 

15 contractors who possess contracts for refuge water sup16 plies or deliver refuge water supplies. 

17 (b) TYPES OF ASSISTANCE.—Assistance under sub18 section (a) shall include— 

19 (1) hydrological forecasting; 

20 (2) assessment of water supply sources under 

21 different water year classification types; 

22 (3) identification of alternative water supply 

23 sources; 

24 (4) guidance on potential water transfer part25 ners; 


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1 (5) technical assistance regarding Federal and 

2 State permits and contracts under the Act of Feb3 ruary 21, 1911 (36 Stat. 925, chapter 141) (com4 monly known as the ‘‘Warren Act’’); 

5 (6) technical assistance regarding emergency 

6 provision of water supplies for critical health and 

7 safety purposes; 

8 (7) activities carried out in conjunction with the 

9 National Oceanic and Atmospheric Administration, 

10 the National Integrated Drought Information Sys11 tem, and the State partners of the National Inte12 grated Drought Information System under the Na13 tional Integrated Drought Information System Act 

14 of 2006 (15 U.S.C. 313d)— 

15 (A) to collect and integrate key indicators 

16 of drought severity and impacts; and 

17 (B) to produce and communicate timely 

18 monitoring and forecast information to local 

19 and regional communities, including the San 

20 Joaquin Valley, the Delta, and the Central 

21 Coast; and 

22 (8) any other assistance the Secretary deter23 mines to be necessary. 


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1 SEC. 108. CALFED BAY-DELTA ACT REAUTHORIZATION. 

2 Title I of the Water Supply, Reliability, and Environ3 mental Improvement Act (118 Stat. 1681; 123 Stat. 

4 2860) (as amended by section 207 of title II of division 

5 D of the Consolidated Appropriations Act, 2014) is 

6 amended by striking ‘‘2015’’ each place it appears and 

7 inserting ‘‘2018’’. 

8 SEC. 109. RECLAMATION STATES EMERGENCY DROUGHT 

9 RELIEF ACT REAUTHORIZATION. 

10 Section 301 of the Reclamation States Emergency 

11 Drought Relief Act of 1991 (43 U.S.C. 2241) is amend12 ed— 

13 (1) by striking ‘‘$90,000,000’’ and inserting 

14 ‘‘$190,000,000’’; and 

15 (2) by striking ‘‘2012’’ and inserting ‘‘2017’’. 

16 SEC. 110. SECURE WATER ACT REAUTHORIZATION. 

17 Section 9504 of Public Law 111–11 (42 U.S.C. 

18 10364) is amended— 

19 (1) in subsection (a)(3)(E), by adding at the 

20 end the following: 

21 ‘‘(v) AUTHORITY OF COMMIS22 SIONER.—The Commissioner of Reclama23 tion may, at the discretion of the Commis24 sioner— 


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1 ‘‘(I) waive any cost-share require2 ments to address emergency situa3 tions; and 

4 ‘‘(II) prioritize projects based on 

5 the ability of the projects to expedi6 tiously yield water supply benefits 

7 during periods of drought.’’; and 

8 (2) in subsection (e), by striking 

9 ‘‘$200,000,000’’ and inserting ‘‘$250,000,000’’. 

10 SEC. 111. EFFECT ON STATE LAWS. 

11 Nothing in this Act preempts any State law in effect 

12 on the date of enactment of this Act, including area of 

13 origin and other water rights protections. 

14 SEC. 112. KLAMATH BASIN WATER SUPPLY. 

15 The Klamath Basin Water Supply Enhancement Act 

16 of 2000 (Public Law 106–498; 114 Stat. 2221) is amend17 ed— 

18 (1) by redesignating sections 4 through 6 as 

19 sections 5 through 7, respectively; and 

20 (2) by inserting after section 3 the following: 

21 ‘‘SEC. 4. WATER MANAGEMENT AND PLANNING ACTIVITIES. 

22 ‘‘The Secretary is authorized to engage in activities, 

23 including entering into agreements and contracts, or oth24 erwise making financial assistance available, to reduce 

25 water consumption or demand, or to restore ecosystems 


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1 in the Klamath Basin watershed, including tribal fishery 

2 resources held in trust, consistent with collaborative agree3 ments for environmental restoration and settlements of 

4 water rights claims.’’. 

5 SEC. 113. TERMINATION OF AUTHORITIES. 

6 The authorities under sections 103, 104, 105, and 

7 106 expire on the date on which the Governor of the State 

8 suspends the state of drought emergency declaration. 

9 TITLE II—EMERGENCY SUPPLE10 MENTAL AGRICULTURE DIS11 ASTER APPROPRIATIONS 

12 SEC. 201. EMERGENCY SUPPLEMENTAL AGRICULTURE DIS13 ASTER APPROPRIATIONS. 

14 (a) FUNDING.— 

15 (1) IN GENERAL.—Notwithstanding any other 

16 provision of law, as soon as practicable after the 

17 date of enactment of this Act, out of any funds in 

18 the Treasury not otherwise appropriated, the Sec19 retary of the Treasury shall transfer to the Sec20 retary of Agriculture (referred to in this section as 

21 the ‘‘Secretary’’) for the emergency conservation 

22 program established under title IV of the Agricul23 tural Credit Act of 1978 (16 U.S.C. 2201 et seq.) 

24 and the emergency watershed protection program es25 tablished under section 403 of the Agricultural 


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1 Credit Act of 1978 (16 U.S.C. 2203), $100,000,000, 

2 to be divided among each applicable program as the 

3 Secretary determines to be appropriate— 

4 (A) to provide to agricultural producers 

5 and other eligible entities affected by the 2014 

6 drought assistance upon declaration of a nat7 ural disaster under section 321(a) of the Con8 solidated Farm and Rural Development Act (7 

9 U.S.C. 1961(a)) or for the same purposes for 

10 counties that are contiguous to a designated 

11 natural disaster area; and 

12 (B) to carry out any other activities the 

13 Secretary determines necessary as a result of 

14 the 2014 drought, such as activities relating to 

15 wildfire damage. 

16 (2) RECEIPT AND ACCEPTANCE.—The Sec17 retary shall be entitled to receive, shall accept, and 

18 shall use to carry out this subsection the funds 

19 transferred under paragraph (1), without further ap20 propriation. 

21 (b) EMERGENCY ASSISTANCE PROGRAM FOR LIVE22 STOCK, HONEY BEES, AND FARM-RAISED FISH.—Not23 withstanding any other applicable limitations under law, 

24 the Secretary shall use such sums as are necessary of the 

25 funds of the Commodity Credit Corporation to carry out 


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1 the emergency assistance program for livestock, honey 

2 bees, and farm-raised fish under section 531(e) of the 

3 Federal Crop Insurance Act (7 U.S.C. 1531(e)) for fiscal 

4 year 2014 to provide assistance to agricultural producers 

5 for losses due to drought. 

6 (c) FEMA PREDISASTER HAZARD MITIGATION

7 GRANTS.— 

8 (1) IN GENERAL.—Notwithstanding any other 

9 provision of law, as soon as practicable after the 

10 date of enactment of this Act, out of any funds in 

11 the Treasury not otherwise appropriated, the Sec12 retary of the Treasury shall transfer to the Adminis13 trator of the Federal Emergency Management Agen14 cy $25,000,000 for fiscal year 2014 for mitigation 

15 activities related to drought and wildfire hazards. 

16 (2) RECEIPT AND ACCEPTANCE.—The Adminis17 trator of the Federal Emergency Management Agen18 cy shall be entitled to receive, shall accept, and shall 

19 use to carry out this subsection the funds trans20 ferred under paragraph (1), without further appro21 priation. 

22 (d) EMERGENCY COMMUNITY WATER ASSISTANCE

23 GRANTS.— 

24 (1) IN GENERAL.—Notwithstanding any other 

25 provision of law— 


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1 (A) as soon as practicable after the date of 

2 enactment of this Act, out of any funds in the 

3 Treasury not otherwise appropriated, the Sec4 retary of the Treasury shall transfer to the Sec5 retary $25,000,000 for fiscal year 2014 to pro6 vide emergency community water assistance 

7 grants under section 306A of the Consolidated 

8 Farm and Rural Development Act (7 U.S.C. 

9 1926a) to address impacts of drought; 

10 (B) the maximum amount of a grant pro11 vided under subparagraph (A) for fiscal year 

12 2014 shall be $1,000,000; and 

13 (C) for fiscal year 2014, a community 

14 whose population is less than 50,000 shall be 

15 eligible for a grant under this paragraph. 

16 (2) RECEIPT AND ACCEPTANCE.—The Sec17 retary shall be entitled to receive, shall accept, and 

18 shall use to carry out this subsection the funds 

19 transferred under paragraph (1), without further ap20 propriation. 

21 (e) OFFICE OF THE INSPECTOR GENERAL.— 

22 (1) IN GENERAL.—Notwithstanding any other 

23 provision of law, as soon as practicable after the 

24 date of enactment of this Act, out of any funds in 

25 the Treasury not otherwise appropriated, the SecVerDate Mar 15 2010 06:00 Feb 15, 2014 Jkt 039200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H4039.IH H4039

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•HR 4039 IH

1 retary of the Treasury shall transfer to the Inspector 

2 General of the Department of Agriculture 

3 $2,000,000 for fiscal year 2014, to remain available 

4 until expended, for oversight of activities carried out 

5 by the Department relating to drought. 

6 (2) RECEIPT AND ACCEPTANCE.—The Inspector 

7 General of the Department of Agriculture shall be 

8 entitled to receive, shall accept, and shall use to 

9 carry out this subsection the funds transferred 

10 under paragraph (1), without further appropriation. 

11 (f) EMERGENCY GRANTS TO ASSIST LOW-INCOME

12 MIGRANT AND SEASONAL FARMWORKERS.— 

13 (1) IN GENERAL.—Notwithstanding any other 

14 provision of law, as soon as practicable after the 

15 date of enactment of this Act, out of any funds in 

16 the Treasury not otherwise appropriated, the Sec17 retary of the Treasury shall transfer to the Sec18 retary $25,000,000 for fiscal year 2014 to provide 

19 emergency grants to assist low-income migrant and 

20 seasonal farmworkers under section 2281 of the 

21 Food, Agriculture, Conservation, and Trade Act of 

22 1990 (42 U.S.C. 5177a) to address impacts of 

23 drought upon declaration of a natural disaster under 

24 section 321(a) of the Consolidated Farm and Rural 

25 Development Act (7 U.S.C. 1961(a)) or for the same 


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•HR 4039 IH

1 purposes in counties that are contiguous to a des2 ignated natural disaster area. 

3 (2) RECEIPT AND ACCEPTANCE.—The Sec4 retary shall be entitled to receive, shall accept, and 

5 shall use to carry out this subsection the funds 

6 transferred under paragraph (1), without further ap7 propriation. 

8 (g) EMERGENCY FOREST RESTORATION PRO9 GRAM.— 

10 (1) IN GENERAL.—Notwithstanding any other 

11 provision of law, as soon as practicable after the 

12 date of enactment of this Act, out of any funds in 

13 the Treasury not otherwise appropriated, the Sec14 retary of the Treasury shall transfer to the Sec15 retary $25,000,000 for fiscal year 2014 for the 

16 Emergency Forest Restoration Program under sec17 tion 407 of the Agricultural Credit Act of 1978 (16 

18 U.S.C. 2206) to address impacts of drought or wild19 fire upon declaration of a natural disaster under sec20 tion 321(a) of the Consolidated Farm and Rural De21 velopment Act (7 U.S.C. 1961(a)) or for the same 

22 purposes in counties that are contiguous to a des23 ignated natural disaster area. 

24 (2) RECEIPT AND ACCEPTANCE.—The Sec25 retary shall be entitled to receive, shall accept, and 


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1 shall use to carry out this subsection the funds 

2 transferred under paragraph (1), without further ap3 propriation. 

4 TITLE III—FEDERAL DISASTER 

5 ASSISTANCE 

6 SEC. 301. TREATMENT OF DROUGHT UNDER THE ROBERT 

7 T. STAFFORD DISASTER RELIEF AND EMER8 GENCY ASSISTANCE ACT. 

9 (a) FINDINGS.—Congress finds that— 

10 (1) the term ‘‘major disaster’’ (as defined in 

11 section 102 of the Robert T. Stafford Disaster Relief 

12 and Emergency Assistance Act (42 U.S.C. 5122)) 

13 includes drought, yet no drought in the 30 years 

14 preceding the date of enactment of this Act has been 

15 declared by the President to be a major disaster in 

16 any of the States in accordance with section 401 of 

17 that Act (42 U.S.C. 5170); 

18 (2) a major drought shall be eligible to be de19 clared a major disaster or state of emergency by the 

20 President on the request of the Governor of any 

21 State; 

22 (3) droughts are natural disasters that do 

23 occur, and while of a different type of impact, the 

24 scale of the impact of a major drought can be equiv25 alent to other disasters that have been declared by 


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1 the President to be a major disaster under the Rob2 ert T. Stafford Disaster Relief and Emergency As3 sistance Act (42 U.S.C. 5121 et seq.); and 

4 (4) droughts have wide-ranging and long-term 

5 impacts on ecosystem health, agriculture production, 

6 permanent crops, forests, waterways, air quality, 

7 public health, wildlife, employment, communities, 

8 State and national parks, and other natural re9 sources of a State and the people of that State that 

10 have significant value. 

11 (b) AMENDMENT.—Section 502(a) of the Robert T. 

12 Stafford Disaster Relief and Emergency Assistance Act 

13 (42 U.S.C. 5192(a)) is amended— 

14 (1) in paragraph (7), by striking ‘‘and’’; 

15 (2) in paragraph (8), by striking the period at 

16 the end and inserting a semicolon; and 

17 (3) by adding at the end the following: 

18 ‘‘(9) provide disaster unemployment assistance 

19 in accordance with section 410; 

20 ‘‘(10) provide emergency nutrition assistance in 

21 accordance with section 412; and 

22 ‘‘(11) provide crisis counseling assistance in ac23 cordance with section 416.’’. 


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1 TITLE IV—EMERGENCY 

2 DESIGNATIONS 

3 SEC. 401. EMERGENCY DESIGNATIONS. 

4 (a) This Act is designated as an emergency require5 ment pursuant to section 4(g) of the Statutory Pay-As6 You-Go Act of 2010 (Public Law 111–139; 2 U.S.C. 

7 933(g)). 

8 (b) In the Senate, this Act is designated as an emer9 gency requirement pursuant to section 403(a) of S. Con. 

10 Res. 13 (111th Congress), the concurrent resolution on 

11 the budget for fiscal year 2010. 

Æ 


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