I 

113TH CONGRESS 

2D SESSION H. R. 4239 

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

western States. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 13, 2014 

Mr. HUFFMAN (for himself, Mr. GEORGE MILLER of California, Mr. 

GARAMENDI, Mr. DEFAZIO, Mr. THOMPSON of California, Mrs. NAPOLITANO, Mr. MCNERNEY, Ms. MATSUI, Ms. ESHOO, Mr. FARR, Ms. 

SPEIER, Mr. BERA of California, Mr. VARGAS, Mr. LOWENTHAL, Mr. 

PETERS of California, Mr. SWALWELL of California, and Mr. CARTWRIGHT) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committees on 

Transportation and Infrastructure, the Budget, Agriculture, Energy and 

Commerce, and the Judiciary, 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 provide drought assistance to the State of California 

and other affected western States. 

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

3 SECTION 1. FINDINGS. 

4 Congress finds the following: 

5 (1) As established in the Proclamation of a 

6 State of Emergency issued by the Governor of the 


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1 State of California on January 17, 2014, California 

2 is experiencing record dry conditions. Extremely dry 

3 conditions have persisted since 2012, 2014 is pro4 jected to become the driest year on record, and such 

5 dry conditions are likely to persist beyond this year 

6 and more regularly into the future. 

7 (2) The water supplies of the State of Cali8 fornia are at record-low levels, as indicated by a 

9 statewide average snowpack of 12 percent of the 

10 normal average for winter as of February 1, 2014. 

11 (3) The 2014 drought constitutes a serious 

12 emergency posing immediate and severe risks to 

13 human life and safety and to the environment 

14 throughout northern, central, and southern Cali15 fornia. 

16 (4) Federal law and implementing regulations 

17 directly authorize expedited decisionmaking proce18 dures and environmental and public review proce19 dures to enable timely and appropriate implementa20 tion of actions to respond to this type and severity 

21 of emergency. 

22 (5) The emergency requires an immediate and 

23 credible response that respects State, local, and trib24 al law. That the policies that respond to the drought 


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1 should not pit region against region, or stakeholders 

2 against one another. 

3 (6) It is the policy of the United States to re4 spect California’s coequal goals, established by the 

5 Delta Reform Act of 2009, of providing a more reli6 able water supply for California and protecting, re7 storing, and enhancing the Delta ecosystem. These 

8 coequal goals shall be achieved in a manner that 

9 protects and enhances the unique cultural, rec10 reational, natural resource, and agricultural values 

11 of the Delta as an evolving place. 

12 SEC. 2. DEFINITIONS. 

13 In this Act: 

14 (1) CENTRAL VALLEY PROJECT.—The term 

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

16 term in section 3403 of the Central Valley Project 

17 Improvement Act (106 Stat. 4707). 

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

19 Project’’ means the Bureau of Reclamation project 

20 in the States of California and Oregon— 

21 (A) as authorized under the Act of June 

22 17, 1902 (32 Stat. 388, chapter 1093); and 

23 (B) as described in— 


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1 (i) title II of the Oregon Resource 

2 Conservation Act of 1996 (Public Law 

3 104–208; 110 Stat. 3009–532); and 

4 (ii) the Klamath Basin Water Supply 

5 Enhancement Act of 2000 (Public Law 

6 106–498; 114 Stat. 2221). 

7 (3) RECLAMATION PROJECT.—The term ‘‘Rec8 lamation Project’’ means a project constructed pur9 suant to the authorities of the reclamation laws and 

10 whose facilities are wholly or partially located in the 

11 State. 

12 (4) SECRETARIES.—The term ‘‘Secretaries’’ 

13 means— 

14 (A) the Administrator of the Environ15 mental Protection Agency; 

16 (B) the Secretary of Commerce; and 

17 (C) the Secretary of the Interior. 

18 (5) STATE.—The term ‘‘State’’ means the State 

19 of California, and any other State where the Gov20 ernor declares a State of drought emergency in cal21 endar year 2014. 

22 (6) STATE WATER PROJECT.—The term ‘‘State 

23 Water Project’’ means the water project described 

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


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1 operated by the California Department of Water Re2 sources. 

3 SEC. 3. EMERGENCY PROJECTS. 

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

5 a state of drought emergency by the Governor of the 

6 State, the Secretaries shall provide the maximum quantity 

7 of water supplies possible to Central Valley Project and 

8 Klamath Project agricultural, municipal and industrial, 

9 and refuge service and repayment contractors, State 

10 Water Project contractors, and any other locality or mu11 nicipality in the State consistent with existing law, includ12 ing among other things applicable laws and regulations, 

13 water quality standards, biological opinions, and court or14 ders. 

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

16 applicable agency heads described in that subsection shall, 

17 consistent with existing law, including among other things 

18 applicable laws and regulations, water quality standards, 

19 biological opinions, and court orders— 

20 (1) authorize and implement actions to provide 

21 for real time operations of the Delta Cross Channel 

22 Gates, with operations determined by the California 

23 State Water Resources Control Board, National Ma24 rine Fisheries Service, and California Department of 

25 Fish and Wildlife to provide water supply, water 


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1 quality, and ecosystem benefits for the duration of 

2 the State’s drought emergency declaration; 

3 (2) collect data associated with the operation of 

4 the Delta Cross Channel Gates described in para5 graph (1) and its impact on species listed as threat6 ened or endangered under the Endangered Species 

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

8 and water supply; 

9 (3) implement turbidity monitoring and control 

10 strategies that may allow for increased water deliv11 eries while avoiding potential jeopardy to adult delta 

12 smelt (Hypomesus transpacificus) due to entrain13 ment at Central Valley Project and State Water 

14 Project pumping plants; 

15 (4) implement the San Joaquin River inflow to 

16 export ratio called for in the biological opinion 

17 issued by the National Marine Fisheries Service on 

18 June 4, 2009, including the drought provisions of 

19 that biological opinion. If inflows from the San Joa20 quin River as measured at Vernalis fall below the 

21 level that would permit exports to meet public health 

22 and safety needs, exports may exceed the ratio, con23 sistent with the biological opinion; 

24 (5) allow North of Delta water service contrac25 tors with unused 2013 Central Valley Project conVerDate Mar 15 2010 04:48 Mar 22, 2014 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4239.IH H4239

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1 tract supplies to take delivery of those unused sup2 plies through April 15, 2014, if— 

3 (A) the contractor requests the extension; 

4 and 

5 (B) the requesting contractor certifies 

6 that, without the extension, the contractor 

7 would have insufficient supplies to adequately 

8 meet water delivery obligations; 

9 (6) maintain all rescheduled water supplies held 

10 in the San Luis Reservoir and Millerton Reservoir 

11 for all water users for delivery in the immediately 

12 following contract water year unless precluded by 

13 reservoir storage capacity limitations; 

14 (7) to the maximum extent possible based on 

15 the availability of water and without causing land 

16 subsidence— 

17 (A) meet the contract water supply needs 

18 of Central Valley Project refuges through the 

19 improvement or installation of wells to use 

20 ground water resources of suitable water qual21 ity, which activities may be accomplished by 

22 using funding made available under section 4 of 

23 this Act or the Water Assistance Program of 

24 the WaterSMART program of the Department 

25 of the Interior; 


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1 (B) make a quantity of Central Valley 

2 Project surface water obtained from the meas3 ures implemented under subparagraph (A) 

4 available to Central Valley Project contractors; 

5 and 

6 (C) to assist in meeting incremental Level 

7 4 needs of CVP refuges, purchase water from 

8 willing sellers using funding made available 

9 under section 4 of this Act or the Water Assist10 ance Program or the WaterSMART program of 

11 the Department of the Interior; 

12 (8) make WaterSMART grant funding adminis13 tered by the Bureau of Reclamation available for eli14 gible projects within the State on a priority and ex15 pedited basis— 

16 (A) to provide emergency drinking and 

17 municipal water supplies to localities in a quan18 tity necessary to meet public health and safety 

19 needs; 

20 (B) to reduce water demand on irrigated 

21 lands; 

22 (C) to minimize economic losses resulting 

23 from drought conditions; and 

24 (D) to provide innovative water conserva25 tion tools and technology for agriculture and 


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1 urban water use that can have immediate water 

2 supply benefits; 

3 (9) require the Commissioner of Reclamation, 

4 in conjunction with the chief of the Natural Re5 sources Conservation Service, to identify projects in 

6 the State that do not need Federal or State permit7 ting which can maximize water use efficiencies, 

8 prioritized by the cost effectiveness of the efficiencies 

9 gained, to inform the funding provided under sub10 section (3)(b)(10); 

11 (10) for reserve works only, authorize any an12 nual operation and maintenance deficits owed to the 

13 Federal Government and incurred due to delivery of 

14 contract water supplies to a Central Valley Project 

15 or Klamath Project agricultural or municipal water 

16 service contractor during each fiscal year the State 

17 emergency drought declaration is in force, to be re18 paid to the Federal Government over a period of not 

19 less than 3 years at the project interest rate, not20 withstanding section 106 of Public Law 99–546 

21 (100 Stat. 3052); 

22 (11) issue proposed rules to update stormwater 

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1 based requirements for retention of stormwater run2 off; 

3 (12) approve petitions requesting the EPA to 

4 use its residual designation authority to require com5 mercial, industrial, and institutional land uses to 

6 control runoff that contributes pollution to rivers, 

7 lakes, and beaches; 

8 (13) issue guidance on use of rainwater cap9 ture, including technical guidance on treatment 

10 needs and options for different end uses, to better 

11 promote use of rainwater capture and on-site reuse; 

12 and 

13 (14) implement authorized proposals to upgrade 

14 or replace hydropower turbines that improve cold 

15 water fish habitat at Central Valley Project facili16 ties. 

17 (c) OTHER AGENCIES.—To the extent that they have 

18 any role in approving projects to increase water supply 

19 projects under subsections (a) and (b), the provisions of 

20 this section shall apply to all other Federal agencies. 

21 (d) ACCELERATED PROJECT DECISION AND ELE22 VATION.— 

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

24 State, the heads of Federal agencies shall use the 

25 expedited procedures under this subsection to make 


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1 final decisions relating to a Federal project to pro2 vide additional water supplies pursuant to sub3 sections (a) and (b), consistent with existing law, in4 cluding among other things applicable laws and reg5 ulations, water quality standards, biological opinions, 

6 court orders, and section 7 of this Act. 

7 (2) REQUEST FOR RESOLUTION.—Upon the re8 quest of the State, the head of an agency referred 

9 to in subsection (a) or the head of another Federal 

10 agency responsible for carrying out a review of a 

11 project, as applicable, the Secretary of the Interior 

12 shall convene a final project decision meeting with 

13 the heads of all relevant Federal agencies to decide 

14 whether to approve a project to provide emergency 

15 water supplies. 

16 (3) DECISION.— 

17 (A) The Secretary of the Interior shall 

18 hold a meeting requested under this subsection 

19 within 7 days of receiving the meeting request; 

20 and 

21 (B) the head of the relevant Federal agen22 cy shall issue a final decision on the project 

23 within 10 days of the meeting request. 

24 (4) NOTIFICATION.—Upon receipt of a request 

25 for a meeting under this subsection, the Secretary of 


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1 the Interior shall notify the heads of all relevant 

2 Federal agencies of the request, including the 

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

4 (5) CONVENTION BY SECRETARY.—The Sec5 retary may convene a final project decision meeting 

6 under this subsection at any time, at the discretion 

7 of the Secretary, regardless of whether a meeting is 

8 requested under paragraph (2). 

9 (e) TERMINATION OF AUTHORITY.—The authority 

10 under this section expires on the date on which the Gov11 ernor of the State suspends the state of drought emer12 gency declaration or the end of 2016, whichever is earlier. 

13 SEC. 4. EMERGENCY APPROPRIATIONS. 

14 (a) APPROPRIATION.—There is hereby appropriated 

15 for fiscal year 2014, out of any money in the Treasury 

16 not otherwise appropriated, a total amount of 

17 $255,000,000, to remain available until the end of the pe18 riod during which the State’s emergency drought designa19 tion is in effect, to be allocated among the following pur20 poses: 

21 (1) For ‘‘Department of the Interior—Bureau 

22 of Reclamation—Water and Related Resources’’ for 

23 eligible projects within the State, on a priority and 

24 expedited basis, that— 


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1 (A) create drought-tolerant water supplies 

2 by implementing water reclamation and reuse 

3 projects authorized under title XVI of Public 

4 Law 102–575; and 

5 (B) optimize and conserve water supplies 

6 through the WaterSMART program, includ7 ing— 

8 (i) by replacing water consuming 

9 products or functions with waterless de10 vices or technologies that perform the same 

11 function; and 

12 (ii) by installing districtwide or on13 farm water efficiency and conservation 

14 technologies, including behavioral water ef15 ficiency, system modernizations including 

16 leak repair and SCADA systems, and other 

17 technologies that have been proven to pro18 vide improvements in water use efficiency 

19 through the verification of a third party; 

20 and 

21 (iii) water efficiency projects for man22 aged wetlands to improve water conveyance 

23 infrastructure, level ponds to reduce the 

24 amount of water required to flood them, or 

25 install water recirculation systems. 


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1 (2) For assistance under the Reclamation 

2 States Emergency Drought Relief Act of 1991 (43 

3 U.S.C. 2201 et seq.) and any other applicable Fed4 eral law (including regulations) for the optimization 

5 and conservation of water supplies to assist drought6 plagued areas of the West. Such assistance may in7 clude— 

8 (A) the installation of ground water wells 

9 as requested by the managers of wildlife ref10 uges; 

11 (B) the purchase or assistance in the pur12 chase of water from willing sellers; 

13 (C) conservation projects providing water 

14 supply benefits in the short term and reducing 

15 demand in the long term; 

16 (D) exchanges with any water districts 

17 willing to provide water to meet other districts’ 

18 emergency water needs in return for the future 

19 delivery of equivalent amounts of water in the 

20 same year or in future years; 

21 (E) maintenance of cover crops to prevent 

22 public health impacts from severe dust storms; 

23 (F) emergency pumping projects for crit24 ical health and safety purposes; 


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1 (G) the use of new or innovative water on2 farm conservation technologies or methods that 

3 may assist in sustaining permanent crops in 

4 areas with severe water shortages; 

5 (H) technical assistance to improve exist6 ing irrigation practices to provide water supply 

7 benefits; and 

8 (I) activities to mitigate the impacts of the 

9 drought and this Act on threatened and endan10 gered fish and wildlife. 

11 (3) For ‘‘Department of Agriculture—Rural 

12 Utilities Service—Rural Water and Waste Disposal 

13 Program Account’’, not less than $5,000,000 for the 

14 cost of direct and guaranteed loans and grants for 

15 the rural water, wastewater, and waste disposal pro16 grams authorized by sections 306 and 310B or de17 scribed in section 381E(d)(2) of the Consolidated 

18 Farm and Rural Development Act within the State. 

19 (4) For ‘‘Environmental Protection Agency— 

20 State and Tribal Assistance Grants’’— 

21 (A) not less than $30,000,000 for capital22 ization grants for the Clean Water State Re23 volving Funds under title VI of the Federal 

24 Water Pollution Control Act (33 U.S.C. 1381 et 

25 seq.) within the State; and 


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1 (B) not less than $15,000,000 for capital2 ization grants for the Drinking Water State Re3 volving Funds under section 1452 of the Safe 

4 Drinking Water Act (42 U.S.C. 300j–12) with5 in the State. 

6 (5) For ‘‘Department of Justice—Drug En7 forcement Administration’’, not less than 

8 $3,000,000 for the Domestic Cannabis Eradication 

9 and Suppression Program to assist State or local 

10 law enforcement agencies in the suppression of can11 nabis operations that are conducted on public lands 

12 or that intentionally trespass on the property of an13 other that also divert, redirect, obstruct, drain, or 

14 impound water supply. 

15 (6) For ‘‘Land and Water Conservation Fund’’, 

16 not less than $50,000,000 shall be provided to the 

17 Department of the Interior and U.S. Forest Service 

18 for the implementation of projects under the Land 

19 and Water Conservation Fund Act of 1965 in 

20 drought-affected States that reduce fire risk, im21 prove water quality or downstream water quantity, 

22 or expand ground water recharge capacity. 

23 (b) EMERGENCY DESIGNATION.—The amount under 

24 this section is designated by Congress as being for emer25 gency requirements pursuant to section 251(b)(2)(A)(i) of 


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1 the Balanced Budget and Emergency Deficit Control Act 

2 of 1985 (2 U.S.C. 901(b)(2)(A)(i)). 

3 SEC. 5. DROUGHT PLANNING ASSISTANCE. 

4 (a) IN GENERAL.—The Secretary of Agriculture, act5 ing through the Natural Resources Conservation Service, 

6 shall provide water supply planning assistance in prepara7 tion for and in response to dry, critically dry, and below 

8 normal water year types to any water agency in the State 

9 who has requested it. 

10 (b) TYPES OF ASSISTANCE.—Assistance under sub11 section (a) shall include— 

12 (1) hydrological forecasting; 

13 (2) assessment of water supply sources under 

14 different water year classification types; 

15 (3) identification of alternative water supply 

16 sources; 

17 (4) guidance on potential water transfer part18 ners; 

19 (5) technical assistance regarding Federal and 

20 State permits and contracts under the Act of Feb21 ruary 21, 1911 (36 Stat. 925, chapter 141) (com22 monly known as the ‘‘Warren Act’’); 

23 (6) installation of districtwide or on-farm water 

24 efficiency and conservation technologies, including 

25 behavioral water efficiency, system modernizations 


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1 including leak repair and SCADA systems, and 

2 other technologies that have been proven to provide 

3 improvements in water use efficiency through the 

4 verification of a third party; 

5 (7) technical assistance regarding emergency 

6 provision of water supplies for critical health and 

7 safety purposes; and 

8 (8) 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, the Central Coast, 

21 the Klamath River Basin, and the Trinity River 

22 Basin. 

23 SEC. 6. FISHERIES DISASTER DECLARATION. 

24 (a) IN GENERAL.—The Secretary of Commerce shall 

25 treat the Proclamation of a State Emergency and associVerDate Mar 15 2010 04:48 Mar 22, 2014 Jkt 039200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H4239.IH H4239

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1 ated Executive order issued by the Governor of California 

2 on January 17, 2014, as a request for the Secretary to 

3 determine under sections 312(a) and 315 of the Magnu4 son-Stevens Fishery Conservation and Management Act 

5 (16 U.S.C. 1861a(a) and 1864) that there is a commercial 

6 fisheries failure and catastrophic regional fishery disaster, 

7 respectively, for fisheries that originate in the State of 

8 California. 

9 (b) SENSE OF CONGRESS.—It is the sense of the 

10 Congress that if the drought conditions continue as pro11 jected and negatively impact the fisheries originating in 

12 the State of California, and the communities and indus13 tries that depend on them, then the Secretary— 

14 (1) should look favorably upon such request; 

15 and 

16 (2) should immediately propose regulations to 

17 provide disaster assistance, funds, and other assist18 ance under, and otherwise implement, such sections 

19 with respect to such request, to ensure timely relief 

20 for impacted parties. 

21 SEC. 7. EMERGENCY ENVIRONMENTAL REVIEWS. 

22 To minimize the time spent carrying out environ23 mental reviews and to deliver water quickly that is needed 

24 to address emergency drought conditions in the State, if 

25 necessary, the head of each applicable Federal agency 


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1 shall, in carrying out this Act, consult with the Council 

2 on Environmental Quality in accordance with section 

3 1506.11 of title 40, Code of Federal Regulations (includ4 ing successor regulations) to develop alternative arrange5 ments to comply with the National Environmental Policy 

6 Act of 1969 (42 U.S.C. 4321 et seq.) during the emer7 gency. 

8 SEC. 8. STATE REVOLVING FUNDS. 

9 The Administrator of the Environmental Protection 

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

11 during which the State’s emergency drought declaration 

12 is in force to State water pollution control revolving funds 

13 established under title VI of the Federal Water Pollution 

14 Control Act (33 U.S.C. 1381 et seq.) and the State drink15 ing water treatment revolving loan funds established 

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

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

18 to receive assistance under section 603 of the Federal 

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

20 1452(a)(2) of the Safe Drinking Water Act (42 U.S.C. 

21 300j–12(a)(2)), respectively, that the State determines 

22 will provide additional water supplies most expeditiously 

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

24 of water for public health and safety purposes or to im25 prove resiliency to drought— 


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1 (1) require the State to review and prioritize 

2 funding for such projects; 

3 (2) issue a determination of waivers within 30 

4 days of the conclusion of the informal public com5 ment period pursuant to section 436(c) of title IV of 

6 division G of Public Law 113–76; and 

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

8 year financing for assistance under section 

9 603(d)(2) of the Federal Water Pollution Control 

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

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

12 12(f)(2)). 

13 SEC. 9. FORECASTED. 

14 (a) SHORT TITLE.—This section may be cited as the 

15 ‘‘Fixing Operations of Reservoirs to Encompass Climatic 

16 and Atmospheric Science Trends for Emergency Droughts 

17 Act’’ or the ‘‘FORECASTED Act’’. 

18 (b) REVIEW OF RESERVOIR OPERATIONS.— 

19 (1) IN GENERAL.—Except as specified in sub20 section (c), not later than 1 year after a request of 

21 a non-Federal sponsor of a reservoir, the Secretary 

22 of the Army, in consultation with the Administrator 

23 of the National Oceanic and Atmospheric Adminis24 tration (NOAA), shall review its operation, including 

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1 proved weather forecasts and run-off forecasting 

2 methods, including the Advanced Hydrologic Pre3 diction System of the National Weather Service and 

4 the Hydrometeorology Testbed program of NOAA. 

5 (2) DESCRIPTION OF BENEFITS.—In con6 ducting the review under subsection (a), the Sec7 retary shall determine if a change in operations, in8 cluding the use of improved weather forecasts and 

9 run-off forecasting methods, will improve one or 

10 more of the core functions of the Army Corps of En11 gineers, including— 

12 (A) reducing risks to human life, public 

13 safety, and property; 

14 (B) reducing the need for future disaster 

15 relief; 

16 (C) improving local water storage capa17 bility and reliability in coordination with the 

18 non-Federal sponsor and other water users; 

19 (D) restoring, protecting, or mitigating the 

20 impacts of a water resources development 

21 project on the environment; or 

22 (E) improving fish species habitat or popu23 lation within the boundaries and downstream of 

24 a water resources project. 


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1 (3) RESULTS REPORTED.—Not later than 90 

2 days after completion of the review under this sec3 tion, the Secretary shall submit a report to Congress 

4 regarding the results of such review. 

5 (4) MANUAL UPDATE.—As expeditiously as 

6 practicable and not later than 3 years after submis7 sion of the report under subsection (c), and pursu8 ant to the procedures required under existing au9 thorities, if the Secretary determines from the re10 sults of the review that using improved weather and 

11 run-off forecasting methods improves one or more 

12 core functions of the Army Corps of Engineers at a 

13 reservoir, the Secretary shall incorporate such 

14 changes in its operation and update the water con15 trol manual. 

16 (c) EMERGENCY PROJECTS.— 

17 (1) IN GENERAL.—Upon the declaration by the 

18 Governor of a State declaring a drought emergency, 

19 the Secretary of the Army in implementing this Act 

20 shall use no more than 90 days in complying with 

21 all provisions of this Act, including subsection (b)(1) 

22 and subsection (b)(4), and shall make use of the 

23 emergency provisions of the Council on Environ24 mental Quality guidelines under part 1506.11 of 

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1 plying with the National Environmental Policy Act 

2 to minimize time spent in environmental reviews to 

3 the greatest extent possible in order to deliver water 

4 quickly that is necessary to address emergency 

5 drought conditions. 

6 (2) TERMINATION OF AUTHORITY.—Authority 

7 under this subsection shall terminate on the date on 

8 which the Governor of the State referred to in sub9 section (a) suspends the drought emergency declara10 tion. 

11 SEC. 10. COMPLIANCE WITH STATE LAW REGARDING 

12 GROUND WATER MONITORING AND AGRICUL13 TURAL WATER MANAGEMENT PLANNING. 

14 (a) GROUND WATER MONITORING.—None of the 

15 funds made available in this Act to any water program 

16 within the State of California may be made available to 

17 an entity if such entity is not in compliance with the provi18 sions of the State of California’s Statewide Groundwater 

19 Elevation Monitoring program authorized by SBX7–6, en20 acted in November 2009. 

21 (b) AGRICULTURAL WATER MANAGEMENT PLAN22 NING.—None of the funds made available in this Act to 

23 any water program within the State of California may be 

24 made available to any Central Valley Project irrigation 

25 contractor if such entity does not meet agricultural water 


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1 management planning requirements established by SBX7– 

2 7, enacted in November 2009. 

3 SEC. 11. EMERGENCY SUPPLEMENTAL AGRICULTURE DIS4 ASTER APPROPRIATIONS. 

5 (a) FUNDING.— 

6 (1) IN GENERAL.—Notwithstanding any other 

7 provision of law, as soon as practicable after the 

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

9 the Treasury not otherwise appropriated, the Sec10 retary of the Treasury shall transfer to the Sec11 retary of Agriculture (referred to in this section as 

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

13 program established under title IV of the Agricul14 tural Credit Act of 1978 (16 U.S.C. 2201 et seq.) 

15 and the emergency watershed protection program es16 tablished under section 403 of the Agricultural 

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

18 to remain available until the end of the period dur19 ing which the State’s emergency drought designation 

20 is in effect, to be divided among each applicable pro21 gram as the Secretary determines to be appro22 priate— 

23 (A) to provide to agricultural producers 

24 and other eligible entities affected by the 2014 

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1 ural disaster under section 321(a) of the Con2 solidated Farm and Rural Development Act (7 

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

4 counties that are contiguous to a designated 

5 natural disaster area; and 

6 (B) to carry out any other activities the 

7 Secretary determines necessary as a result of 

8 the 2014 drought, such as activities relating to 

9 wildfire damage. 

10 (2) RECEIPT AND ACCEPTANCE.—The Sec11 retary shall be entitled to receive, shall accept, and 

12 shall use to carry out this subsection the funds 

13 transferred under paragraph (1), without further ap14 propriation. 

15 (b) EMERGENCY ASSISTANCE PROGRAM FOR LIVE16 STOCK, HONEYBEES, AND FARM-RAISED FISH.—Notwith17 standing any other applicable limitations under law, the 

18 Secretary shall use such sums as are necessary of the 

19 funds of the Commodity Credit Corporation to carry out 

20 the emergency assistance program for livestock, honey21 bees, and farm-raised fish under section 531(e) of the 

22 Federal Crop Insurance Act (7 U.S.C. 1531(e)) for each 

23 fiscal year during the period in which the State’s emer24 gency drought designation is in effect, to provide assist25 ance to agricultural producers for losses due to drought. 


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1 (c) FEMA PREDISASTER HAZARD MITIGATION

2 GRANTS.— 

3 (1) IN GENERAL.—Notwithstanding any other 

4 provision of law, as soon as practicable after the 

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

6 the Treasury not otherwise appropriated, the Sec7 retary of the Treasury shall transfer to the Adminis8 trator of the Federal Emergency Management Agen9 cy $25,000,000 for fiscal year 2014, to remain avail10 able until the end of the period during which the 

11 State’s emergency drought designation is in effect, 

12 for mitigation activities related to drought and wild13 fire hazards. 

14 (2) RECEIPT AND ACCEPTANCE.—The Adminis15 trator of the Federal Emergency Management Agen16 cy shall be entitled to receive, shall accept, and shall 

17 use to carry out this subsection the funds trans18 ferred under paragraph (1), without further appro19 priation. 

20 (d) EMERGENCY COMMUNITY WATER ASSISTANCE

21 GRANTS.— 

22 (1) IN GENERAL.—Notwithstanding any other 

23 provision of law— 

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

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


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1 Treasury not otherwise appropriated, the Sec2 retary of the Treasury shall transfer to the Sec3 retary $25,000,000 for fiscal year 2014, to re4 main available until the end of the period dur5 ing which the State’s emergency drought des6 ignation is in effect, to provide emergency com7 munity water assistance grants under section 

8 306A of the Consolidated Farm and Rural De9 velopment Act (7 U.S.C. 1926a) to address im10 pacts of drought; 

11 (B) the maximum amount of a grant pro12 vided under subparagraph (A) for fiscal year 

13 2014 shall be $1,000,000; and 

14 (C) for fiscal year 2014, a community 

15 whose population is less than 50,000 shall be 

16 eligible for a grant under this paragraph. 

17 (2) RECEIPT AND ACCEPTANCE.—The Sec18 retary shall be entitled to receive, shall accept, and 

19 shall use to carry out this subsection the funds 

20 transferred under paragraph (1), without further ap21 propriation. 

22 (e) OFFICE OF THE INSPECTOR GENERAL.— 

23 (1) IN GENERAL.—Notwithstanding any other 

24 provision of law, as soon as practicable after the 

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


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1 the Treasury not otherwise appropriated, the Sec2 retary of the Treasury shall transfer to the Inspector 

3 General of the Department of Agriculture 

4 $2,000,000 for fiscal year 2014, to remain available 

5 until the end of the period during which the State’s 

6 emergency drought designation is in effect, for over7 sight of activities carried out by the Department re8 lating to drought. 

9 (2) RECEIPT AND ACCEPTANCE.—The Inspector 

10 General of the Department of Agriculture shall be 

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

12 carry out this subsection the funds transferred 

13 under paragraph (1), without further appropriation. 

14 (f) EMERGENCY GRANTS TO ASSIST LOW-INCOME

15 MIGRANT AND SEASONAL FARMWORKERS.— 

16 (1) IN GENERAL.—Notwithstanding any other 

17 provision of law, as soon as practicable after the 

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

19 the Treasury not otherwise appropriated, the Sec20 retary of the Treasury shall transfer to the Sec21 retary $25,000,000 for fiscal year 2014, to remain 

22 available until the end of the period during which 

23 the State’s emergency drought designation is in ef24 fect, to provide emergency grants to assist low-in25 come migrant and seasonal farmworkers under secVerDate Mar 15 2010 04:48 Mar 22, 2014 Jkt 039200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H4239.IH H4239

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1 tion 2281 of the Food, Agriculture, Conservation, 

2 and Trade Act of 1990 (42 U.S.C. 5177a) to ad3 dress impacts of drought upon declaration of a nat4 ural disaster under section 321(a) of the Consoli5 dated Farm and Rural Development Act (7 U.S.C. 

6 1961(a)) or for the same purposes in counties that 

7 are contiguous to a designated natural disaster area. 

8 (2) RECEIPT AND ACCEPTANCE.—The Sec9 retary shall be entitled to receive, shall accept, and 

10 shall use to carry out this subsection the funds 

11 transferred under paragraph (1), without further ap12 propriation. 

13 (g) EMERGENCY FOREST RESTORATION PRO14 GRAM.— 

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 $25,000,000 for fiscal year 2014, to remain 

21 available until the end of the period during which 

22 the State’s emergency drought designation is in ef23 fect, for the Emergency Forest Restoration Program 

24 under section 407 of the Agricultural Credit Act of 

25 1978 (16 U.S.C. 2206) to address impacts of 


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1 drought or wildfire upon declaration of a natural 

2 disaster under section 321(a) of the Consolidated 

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

4 1961(a)) or for the same purposes in counties that 

5 are contiguous to a designated natural disaster area. 

6 (2) RECEIPT AND ACCEPTANCE.—The Sec7 retary shall be entitled to receive, shall accept, and 

8 shall use to carry out this subsection the funds 

9 transferred under paragraph (1), without further ap10 propriation. 

11 SEC. 12. ILLEGAL WATER DIVERSION FOR MARIJUANA CUL12 TIVATION. 

13 (a) DETERMINATION.—Not later than 90 days after 

14 the date of enactment of this Act, the Director of the Of15 fice of National Drug Control Policy, in collaboration with 

16 the Secretary of the Interior and the Administrator of the 

17 Environmental Protection Agency, shall determine the 

18 amount of water diverted for marijuana cultivation in each 

19 of the high intensity drug trafficking areas (as designated 

20 under section 707 of the Office of National Drug Control 

21 Policy Reauthorization Act of 1998 (21 U.S.C. 1706)) 

22 within the State of California. 

23 (b) ENVIRONMENTAL PROTECTION AGENCY RE24 QUIREMENT.—Using existing funds, the Administrator of 

25 the Environmental Protection Agency shall assign 1 addiVerDate Mar 15 2010 04:48 Mar 22, 2014 Jkt 039200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H4239.IH H4239

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1 tional member of the Criminal Investigation Division of 

2 the Environmental Protection Agency to each of the 3 

3 high intensity drug trafficking areas determined under 

4 subsection (a) to have the largest amount of water di5 verted for marijuana cultivation within the State of Cali6 fornia. 

7 SEC. 13. EFFECT ON STATE LAWS. 

8 Nothing in this Act preempts any State law, includ9 ing area of origin and other water rights protections. 

10 SEC. 14. EFFECT ON NATIVE WATER AND FISHING RIGHTS. 

11 Nothing in this Act is intended to in any way dimin12 ish the water, fishing, or other rights of Indian tribes as 

13 confirmed by treaty, Executive order, water rights settle14 ment, or other judicial, administrative, or legislative au15 thority, or to diminish the obligations of the Secretary of 

16 the Interior on behalf of the United States to assert and 

17 protect such rights. 

18 SEC. 15. TREATMENT OF DROUGHT UNDER THE ROBERT T. 

19 STAFFORD DISASTER RELIEF AND EMER20 GENCY ASSISTANCE ACT. 

21 (a) FINDINGS.—Congress finds that— 

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

23 section 102 of the Robert T. Stafford Disaster Relief 

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

25 includes drought, yet no drought in the 30 years 


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1 preceding the date of enactment of this Act has been 

2 declared by the President to be a major disaster in 

3 any of the States in accordance with section 401 of 

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

5 (2) a major drought shall be eligible to be de6 clared a major disaster or state of emergency by the 

7 President on the request of the Governor of any 

8 State; 

9 (3) droughts are natural disasters that do 

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

11 scale of the impact of a major drought can be equiv12 alent to other disasters that have been declared by 

13 the President to be a major disaster under the Rob14 ert T. Stafford Disaster Relief and Emergency As15 sistance Act (42 U.S.C. 5121 et seq.); and 

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

17 impacts on ecosystem health, agriculture production, 

18 permanent crops, forests, waterways, air quality, 

19 public health, wildlife, employment, communities, 

20 State and national parks, and other natural re21 sources of a State and the people of that State that 

22 have significant value. 

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

24 Stafford Disaster Relief and Emergency Assistance Act 

25 (42 U.S.C. 5192(a)) is amended— 


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

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

3 the end and inserting a semicolon; and 

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

5 ‘‘(9) provide disaster unemployment assistance 

6 in accordance with section 410; 

7 ‘‘(10) provide emergency nutrition assistance in 

8 accordance with section 412; and 

9 ‘‘(11) provide crisis counseling assistance in ac10 cordance with section 416.’’. 

11 SEC. 16. KLAMATH BASIN WATER SUPPLY. 

12 The Klamath Basin Water Supply Enhancement Act 

13 of 2000 (Public Law 106–498; 114 Stat. 2221) is amend14 ed— 

15 (1) by redesignating sections 4 through 6 as 

16 sections 5 through 7, respectively; and 

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

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

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

20 including entering into agreements and contracts or other21 wise making financial assistance available, to reduce water 

22 consumption or demand, or to restore ecosystems in the 

23 Klamath Basin watershed, including tribal fishery re24 sources held in trust, consistent with collaborative agreeVerDate Mar 15 2010 04:48 Mar 22, 2014 Jkt 039200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H4239.IH H4239

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1 ments for environmental restoration and settlements of 

2 water rights claims.’’. 

3 SEC. 17. DROUGHT PREPAREDNESS FOR FISHERIES. 

4 (a) SALMON DROUGHT PLAN.—Not later than Janu5 ary 1, 2016, the United States Fish and Wildlife Service 

6 shall, in consultation with the National Marine Fisheries 

7 Service, the Bureau of Reclamation, the Army Corps of 

8 Engineers, and the California Department of Fish and 

9 Wildlife, prepare a California salmon drought plan. The 

10 plan shall investigate options to protect salmon popu11 lations originating in the State of California, contribute 

12 to the recovery of populations listed under the Endangered 

13 Species Act of 1973 (16 U.S.C. 1531 et seq.), and con14 tribute to the goals of the Central Valley Project Improve15 ment Act (Public Law 102–575). The plan shall focus on 

16 actions that can aid salmon populations during the driest 

17 years. Strategies investigated shall include— 

18 (1) relocating the release location and timing of 

19 hatchery fish to avoid predation and temperature 

20 impacts; 

21 (2) barging of hatchery release fish to improve 

22 survival and reduce straying; 

23 (3) coordinating with water users, the Bureau 

24 of Reclamation, and the California Department of 

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1 fers, to determine if water released upstream to 

2 meet the needs of downstream or South-of-Delta 

3 water users can be managed in a way that provides 

4 additional benefits for salmon; 

5 (4) hatchery management modifications, such 

6 as expanding hatchery production of listed fish dur7 ing the driest years, if appropriate; and 

8 (5) increasing rescue operations of upstream 

9 migrating fish. 

10 (b) APPROPRIATION.—There is hereby appropriated 

11 for fiscal year 2014, out of any funds in the Treasury not 

12 otherwise appropriated, a total amount of $3,000,000, to 

13 remain available until the end of the period during which 

14 the State’s emergency drought designation is in effect, for 

15 the United States Fish and Wildlife Service for urgent 

16 fish, stream, and hatchery activities related to extreme 

17 drought conditions, including work with the National Ma18 rine Fisheries Service, the Bureau of Reclamation, the 

19 Army Corps of Engineers, the California Department of 

20 Fish and Wildlife, or a qualified tribal government. 

21 (c) QUALIFIED TRIBAL GOVERNMENT DEFINI22 TION.—For the purposes of this section, the term ‘‘quali23 fied tribal government’’ means any government of an In24 dian tribe that the Secretary of the Interior determines— 


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1 (1) is involved in salmon management and re2 covery activities under the Endangered Species Act 

3 of 1973 (16 U.S.C. 1531 et seq.); and 

4 (2) has the management and organizational ca5 pability to maximize the benefits of assistance pro6 vided under this section. 

7 SEC. 18. WATER STORAGE-INTEGRATED REGIONAL WATER 

8 MANAGEMENT, RECLAMATION, AND RECY9 CLING PROJECTS. 

10 Subtitle F of title IX of the Omnibus Public Land 

11 Management Act of 2009 (42 U.S.C. 10361 et seq.) is 

12 amended by adding at the end the following: 

13 ‘‘SEC. 9511. WATER STORAGE-INTEGRATED REGIONAL 

14 WATER MANAGEMENT, RECLAMATION, AND 

15 RECYCLING PROJECTS. 

16 ‘‘(a) IN GENERAL.—The Secretary is authorized to 

17 enter into cost-shared financial assistance agreements 

18 with non-Federal entities in Reclamation States and Ha19 waii for the planning, design, and construction of perma20 nent water storage and conveyance facilities used solely 

21 to regulate and maximize water supplies arising from 

22 projects deemed eligible for assistance under this Act or 

23 authorized under any other provision of law to— 

24 ‘‘(1) recycle impaired surface water and ground 

25 water; or 


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1 ‘‘(2) use integrated and coordinated water man2 agement on a watershed or regional scale. 

3 ‘‘(b) PRIORITY.—In providing financial assistance 

4 under this section, the Secretary shall give priority to stor5 age and conveyance components that— 

6 ‘‘(1) ensure the efficient and beneficial use of 

7 water or reuse of the recycled water; 

8 ‘‘(2) consistent with Secretarial Order No. 3297 

9 issued by the Secretary of the Interior on February 

10 22, 2010, support— 

11 ‘‘(A) sustainable water management prac12 tices; and 

13 ‘‘(B) the water sustainability objectives of 

14 one or more bureaus of the Department of the 

15 Interior or other Federal agencies, including the 

16 Department of Agriculture, the Department of 

17 Commerce, the Department of Energy, and the 

18 Environmental Protection Agency; 

19 ‘‘(3) increase the availability of usable water 

20 supplies in a watershed or region to benefit people, 

21 the economy, and the environment and include 

22 adaptive measures needed to address climate change 

23 and future demands; 


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1 ‘‘(4) where practicable, provide flood control or 

2 recreation benefits and include the development of 

3 incremental hydroelectric power generation; 

4 ‘‘(5) include partnerships that go beyond polit5 ical and institutional jurisdictions to support the ef6 ficient use of the limited water resources of a region 

7 and the Nation; and 

8 ‘‘(6) generate environmental benefits, such as 

9 benefits to fisheries, wildlife, wildlife habitats, and 

10 water quality, water-dependent ecological systems, 

11 and water supply benefits to agricultural and urban 

12 water users. 

13 ‘‘(c) FEDERAL COST SHARE.—The Federal share of 

14 the cost of a project authorized in subsection (a) shall be 

15 the lesser of 50 percent of total costs or $15,000,000 (ad16 justed for inflation) and shall be nonreimbursable. 

17 ‘‘(d) IN-KIND CONTRIBUTIONS.—The non-Federal 

18 share of the cost of a project authorized in subsection (a) 

19 may include ‘in-kind’ contributions to the planning, de20 sign, and construction of a project. 

21 ‘‘(e) TITLE; OPERATION AND MAINTENANCE

22 COSTS.—The non-Federal entity entering into such finan23 cial assistance agreements shall hold title to any and all 

24 facilities constructed under this section, and shall be solely 


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1 responsible for the costs of operating and maintaining 

2 such facilities.’’. 

3 SEC. 19. EMERGENCY PLANNING. 

4 (a) CATASTROPHIC DROUGHT PLAN.—Not later than 

5 120 days after the enactment of this Act, the President 

6 shall update the National Response Plan and the National 

7 Disaster Recovery Framework to include a plan for cata8 strophic drought that calls on the capabilities of all appli9 cable Federal agencies and departments including the pre10 positioning of Federal resources to provide emergency 

11 clean water supplies. 

12 (b) DEFINITIONS.—For the purposes of this sec13 tion— 

14 (1) the term ‘‘National Response Plan’’ means 

15 the National Response Plan or any successor plan 

16 prepared under section 502(a)(6) of the Homeland 

17 Security Act of 2002; and 

18 (2) the term ‘‘National Disaster Recovery 

19 Framework’’ means the National Disaster Recovery 

20 Framework or any successor document prepared 

21 under section 682 of the Post-Katrina Emergency 

22 Management Reform Act of 2006. 

23 SEC. 20. TERMINATION OF AUTHORITIES. 

24 The authorities under sections 3, 4, 7, 8, and 12 ex25 pire on the date on which the Governor of the State susVerDate Mar 15 2010 04:48 Mar 22, 2014 Jkt 039200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\H4239.IH H4239

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1 pends the state of drought emergency declaration or the 

2 end of 2016, whichever is earlier. 

Æ 


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