Reclamation States Emergency Drought Relief Act of 1991
PL 102-250 (H.R.355), enacted 03/05/1992

PUBLIC LAW 102-250—MAR. 5, 1992 
106 STAT. 53 
Public L a w 102-250 
102d Congress 
An Act 
To provide emergency drought relief to the Reclamation States, and for other 
ptirposes. 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
'Reclamation States Emergencv 
SECTION 1. SHORT TITLE. 
This Act may be cited as the 
Drought Relief Act of 1991". 
SEC. 2. DEFINITIONS. 
As used in this Act: 
(1) The term "Secretary" means the Secretary of the Interior. 
(2) The term "Federal Reclamation laws" mesins the Act 
of June 17, 1902 (32 Stat. 388) and Acts supplementary thereto 
and amendatory thereof. 
(3) The term "Federal Reclamation project" means any project 
constructed or funded under Federsd Reclamation law. Such 
term includes projects having approved loans under the Small 
Reclamation Projects Act of 1956 (70 Stat. 1044). 
TITLE I—DROUGHT PROGRAM 
SEC. 101. ASSISTANCE DURING DROUGHT; WATER PURCHASES. 
(a) CONSTRUCTION, MANAGEMENT, AND CONSERVATION.—Consist-
ent with existing contractual arrangements and applicable State 
and applicable Federal law, and without further authorization, the 
Secretary is authorized to undertake construction, management, 
and conservation activities that will minimize, or can be expected 
to have an effect in minimizing, losses and damages resulting 
from drought conditions. Any construction activities undertaken 
pursuant to the authority oi this subsection shedl be limited to 
temporary facilities designed to minimize losses and damages from 
drought conditions, except that weUs drilled to minimize losses 
and damages from drought conditions may be permEment facilities. 
(b) ASSISTANCE TO WILLING BUYERS AND SELLERS.—In order to 
minimize losses and damages resulting from drought conditions, 
the Secretary may provide nonfin£incial assistance to willing buyers 
in their p\irchase of available water supplies from willing sellers. 
(c) WATER PURCHASES BY BUREAU.—In order to minimize losses 
£ind damages resulting from drought conditions, the Secretary may 
purchase water from willing sellers, including, but not limited to, 
water made available by Federal Reclamation project contractors 
through conservation or other means with respect to which the 
seller has reduced the consumption of water. Except with respect 
to water stored, conveyed or delivered to Federal and State wildlife 
habitat, the Secretary sheill deliver such water pursuant to tem-
porary contracts \mder section 102: Provided, That any such con-
Mar. 5, 1992 
[H.R. 355] 
Reclamation 
States 
Emergency 
Drought 
Relief Act of 
1991. 
Conservation. 
Disaster 
assistance. 
43 use 2201 
note. 
43 u s e 2201. 
43 use 2211. 
106 STAT. 54 
PUBLIC LAW 102-250—MAR. 5, 1992 
Contracts. 
43 use 2212. 
tract shall require recover of any costs, including interest if 
applicable, incurred by the Secretary in acquiring such water. 
(d) WATER BANKS.—In order to respond to a drought, the Sec-
retary is authorized to participate in water banks established by 
a State. 
SEC. 102. AVAILABILITY OF WATER ON A TEMPORARY BASIS. 
(a) GENERAL AUTHORITY.—In order to mitigate losses and dam-
ages resulting from drought conditions, the Secretary may make 
available, by temporary contract, project and nonproject water, and 
may permit the use of facilities at Federal Reclamation projects 
for the storage or conveyance of project or nonproject water, for 
use both within and outside an authorized project service area. 
(b) SPECIAL PROVISIONS APPLICABLE TO TEMPORARY WATER SUP-
PLIES PROVIDED UNDER THIS SECTION.— 
(1) TEMPORARY SUPPLIES.—Each temporary contract for the 
supply of water entered into piirsuant to this section shall 
terminate no later than two years from the date of execution 
or upon a determination by the Secretary that water supply 
conditions no longer warrant that such contracts remain in 
effect, whichever occurs first. The costs associated with any 
such contract shall be repaid within the term of the contract. 
(2) OWNERSHIP AND ACREAGE LIMITATIONS.—Lands not subject 
to Reclamation law that receive temporary irrigation water 
supplies under temporary contracts under this section shall 
not become subject to the ownership and acreage limitations 
or pricing provisions of Federal Reclamation law because of 
the delivery of such temporary water supplies. Lands that 
are subject to the ownership and acreage limitations of Federal 
Reclamation law shall not be exempted from those limitations 
because of the delivery of such temporary water supplies. 
(3) TREATMENT UNDER RECLAMATION REFORM ACT OF I982.— 
No temporary contract entered into by the Secretary under 
this section shall be treated as a "contract" as that term is 
used in sections 203(a) and 220 of the Reclamation Reform 
Act of 1982 (Public Law 97-293). 
(4) AMENDMENTS OF EXISTING CONTRACTS.—Any amendment 
to an existing contract to allow a contractor to carry out the 
provisions of this title shall not be considered a new and supple-
mental benefit for purposes of the Reclamation Reform Act 
of 1982 (Public Law 97-293). 
(c) CONTRACT PRICE.—The price for project water, other than 
water purchased pursuant to section 101(c), delivered xinder a tem-
porary contract entered into by the Secretary under this section 
shall be at least sufficient to recover all Federal operation and 
maintenance costs and administrative costs, and an appropriate 
share of capital costs, including interest on such capital costs allo-
cated to municipal and industrial water, except that, for project 
water delivered to nonproject landholdings, the price shall include 
full cost (as defined in section 202(3) of the Reclamation Reform 
Act of 1982 (Public Law 97-293; 96 Stat. 1263; 43 U.S.C. 390bb)). 
For all contracts entered into by the Secretary under the authority 
of this title— 
(1) the interest rate used for computing interest during con-
struction and interest on the unpaid balance of the capital 
costs expended pursuant to this Act shall be at a rate to 
be determined by the Secretary of the Treasury based on aver-
PUBLIC LAW 102-250—MAR. 5, 1992 
106 STAT. 55 
age market yields on outstanding marketable obligations of 
the United States with remaining periods to matxirity of one 
year occurring diiring the last month of the fiscal year preceding 
the date of execution of the temporary contract; 
(2) in the case of existing facilities the rate as authorized 
for that Federal Reclamation project; 
(3) in the absence of such authorized rate, the interest rate 
as determined by the Secretsiry of the Treasury as of the 
beginning of the fiscal year in which construction was initiated 
on the basis of the computed average interest rate payable 
by the Treasxiry upon its outstanding marketable public obliga-
tions which were neither due nor c£dlable for redemption for 
fifteen years from date of issue: Provided, That for all deliveries 
of water for municipal and industrial pxirposes from existing 
facilities to nonproject contractors, the rate shsdl be as set 
forth in paragraph (1) of this subsection. 
(d) FISH AND WILDLIFE.—^The Secretary may make water from 
Federal Reclamation projects and nonproject water available on 
a nonreimbursable basis for the purposes of protecting or restoring 
fish and wildlife resoxirces, including mitigation losses, that occur 
as a result of drought conditions or the operation of a Federal 
Reclamation project during drought conditions. The Secretary may 
store and convey project and nonproject water for fish and wildlife 
purposes, and may provide conveyance of any such water for both 
State and Federal wildlife habitat and for habitat held in private 
ownership. The Secreteiry may meike available water for these pur-
poses outside the authorized project service area. Use of the Federal 
storage and conveyance facilities for these purposes shall be on 
a nonreimbursable basis. Water made available by the Secretary 
in 1991 from the Central Valley Project, California, to the Grass-
lands Water District for the piirpose of fish and wildlife shall 
be nonreimbursable. 
(e) NONPROJECT WATER.—The Secretary is authorized to store 
and convey nonproject water utilizing Federal Reclamation project 
facilities for use outside and inside the authorized project service 
area for municipal and industrial uses, fish and wildlife, and agri-
cultural uses. Except in the case of water supplied for fish and 
wildlife, which shall be nonreimbursable, the Secretary shall chsirge 
the recipients of such water for such use of Federal Reclamation 
project facilities at a rate established pursuant to section 102(c) 
of this Act. 
(f) RECLAMATION FUND.—^The payment of capital costs attrib-
utable to the sale of project or nonproject water or the use of 
Federal Reclamation project facilities shall be covered into the 
Reclamation Fund and be placed to the credit of the project from 
which such water or use of such facilities is supplied. 
SEC. 103. LOANS. 
43 USC 2213. 
The Secretary of the Interior is authorized to make loans to 
water users for the purposes of undertaking construction, manage-
ment, conservation activities, or the acquisition and transportation 
of water consistent with State law, that can be expected to have 
an effect in mitigating losses and damages, including those suffered 
by fish and wildlife, resulting from drought conditions. Such loans 
shall be made available under such terms and conditions as the 
Secretary deems appropriate: Provided, That the Secretary shall 
not approve any loan unless the applicant can demonstrate an 
106 STAT. 56 
PUBLIC LAW 102-250—MAR. 5, 1992 
ability to repay such loan within the term of the loan: Provided 
farther. That for all loans approved by the Secretary under the 
authority of this section, the interest rate shall be the rate deter-
mined by the Secretary of the Treasiiry based on average market 
yields on outstanding marketable obligations of the United States 
with periods to maturity comparable to the repayment period of 
the loan. The repa5nnent period for loans issued under this section 
shall not exceed fifteen years. The repayment period for such loans 
shall begin when the loan is executed. Sections 203(a) and 220 
of the Reclamation Reform Act of 1982 and sections 105 and 106 
of Public Law 99-546 shall not apply to any contract to repay 
such loan. The Secretary shall notify the Conmiittee on Energy 
and Natural Resources of the Senate and the Committee on Interior 
and Insular Affairs of the House of Representatives in writing 
of any loan which the Secretary intends to approve not less than 
thirty days prior to granting final approval. 
43 use 2214. 
SEC. 104. APPLICABLE PERIOD OF DROUGHT PROGRAM. 
(a) IN GENERAL.—The programs and authorities established under 
this title shall become operative in any Reclamation State only 
after the Governor or Governors of the affected State or States, 
or on a reservation, when the governing body of the affected tribe 
has made a request for temporary drought assistance and the 
Secretary has determined that such temporary assistance is mer-
ited, or upon the approval of a drought contingency plan as provided 
in title II of this Act. 
State listing. 
(b) COORDINATION WITH BPA.—If a Governor referred to in sub-
section (a) is the Governor of the State of Washington, Oregon, 
Idaho, or Montana, the Governor shall coordinate with the Adminis-
trator of the Bonneville Power Administration before making a 
request under subsection (a). 
(c) TERMINATION OF AUTHORITY.—The authorities established 
under this title shall terminate ten years after the date of enactment 
of this Act. 
TITLE II—DROUGHT CONTINGENCY PLANNING 
43 use 2221. 
SEC. 201. IDENTIFICATION OF OPPORTUNITIES FOR WATER SUPPLY 
CONSERVATION, AUGMENTATION AND USE. 
The Secretary is authorized to conduct studies to identify 
opportunities to conserve, augment, and make more efficient use 
of water supplies available to Federal Reclamation projects and 
Indian water resource developments in order to be prepared for 
Indians. 
and better respond to drought conditions. The Secretary is author-
ized to provide technical assistance to States and to local and 
tribal government entities to assist in the development, construc-
tion, and operation of water desalinization projects, including tech-
nical assistance for purposes of assessing the technical and economic 
feasibility of such projects. 
43 u s e 2222. 
SEC. 202. DROUGHT CONTINGENCY PLANS. 
The Secretary, acting pursuant to the Federal Reclamation laws, 
utilizing the resources of the Department of the Interior, and in 
consultation with other appropriate Federal and State officials, 
Indian tribes, public, private, and local entities, is authorized to 
prepare or participate in the preparation of cooperative drought 
contingency plans Qiereinafter in this title referred to as "contin-
PUBLIC LAW 102-250—MAR. 5, 1992 
106 STAT. 57 
gency plans") for the prevention or mitigation of adverse effects 
of drought conditions. 
SEC. 203. PLAN ELEMENTS. 
43 USC 2223. 
(a) PLAN PROVISIONS.—Elements of the contingency plans pre-
pared piorsuant to section 202 may include, but are not limited 
to, any or all of the following: 
(1) Water banks. 
(2) Appropriate water conservation actions. 
(3) Water transfers to serve users inside or outside authorized 
Federal Reclamation project service areas in order to mitigate 
the effects of drought. 
(4) Use of Federal Reclamation project facilities to store and 
convey nonproject water for agricxilt\jral, municipal and indus-
trial, fish and wildlife, or other uses both inside and outside 
an authorized Federal Reclamation project service area. 
(5) Use of water from dead or inactive reservoir storage 
or increased use of ground water resoxirces for temporary water 
supplies. 
(6) Water supplies for fish and wildlife resources. 
(7) Minor structural actions. 
(b) FEDERAL RECLAMATION PROJECTS.—Each contingency plan 
shall identify the following two types of plan elements related 
to Federal Reclamation projects: 
(1) Those plan elements which pertain exclusively to the 
responsibilities and obligations of the Secretary pursuant to 
Federal Reclamation law and the responsibilities and obliga-
tions of the Secretary for a specific Federal Reclamation project. 
(2) Those plan elements that pertain to projects, purposes, 
or activities not constioicted, financed, or otherwise governed 
by the Federal Reclamation law. 
(c) DROUGHT LEVELS.—The Secretary is authorized to work with 
other Federal and State agencies to improve hydrologic data collec-
tion systems and water supply forecasting techniques to provide 
more accurate and timely warning of potential drought conditions 
and drought levels that would trigger the implementation of contin-
gency plans. 
(d) COMPLIANCE WITH LAW.—^The contingency plans and plan 
elements shall comply with all requirements of applicable Federal 
law, including the National Environmental Policy Act of 1969 (42 
U.S.C. 4321), section 715(a) of the Water Resource Development 
Act of 1986 (33 U.S.C. 2265(a), and the Fish and Wildlife Coordina-
tion Act, and shall be in accordance with applicable State law. 
(e) REVIEW.—^The contingency plans shall include provisions for 
periodic review to assure the adequacy of the contingency plan 
to respond to current conditions, and such plans may be modified 
accordingly. 
SEC. 204. RECOMMENDATIONS. 
43 uSC 2224. 
(a) APPROVAL.—The Secretary shall submit each plan prepared 
pursuant to section 202 of the Congress, together with the Sec-
retary's recommendations, including recommendations for authoriz-
ing legislation, if needed. 
(b) PACIFIC NORTHWEST REGION.—A contingency plan under sub-
section (a) for the State of Washington, Oregon, Idaho, or Montana, 
may be approved by the Secretary only at the request of the Gov-
ernor of the affected State in coordination with the other States 
106 STAT. 58 
PUBLIC LAW 102-250—MAR. 5, 1992 
in the region £ind the Administrator of the Bonneville Power 
Administration. 
43 use 2225. 
SEC. 205. RECLAMATION DROUGHT RESPONSE FUND. 
The Secretary shall undertake a study of the need, if any, to 
establish a Reclamation Drought Response Fimd to be available 
for defraying those expenses which the Secretary determines nec-
essary to implement plans prepared under section 202 and to make 
loans for nonstructxoral and minor structxiral activities for the pre-
vention or mitigation of the adverse effects of drought. 
43 u s e 2226. 
SEC. 206. TECHNICAL ASSISTANCE AND TRANSFER OF PRECIPITA-
TION MANAGEMENT TECHNOLOGY. 
(a) TECHNICAL ASSISTANCE.—^The Secretary is authorized to pro-
vide technical assistance for drought contingency planning in any 
of the States not identified in section 1 of the Reclamation Act 
(Act of June 17, 1902, 32 Stat. 388), and the District of Coliunbia, 
Puerto Rico, the Republic of the Marshall Islands, the Federated 
States of Micronesia, the Trust Territory of the Pacific Islands, 
and upon termination of the Trusteeship, the Republic of Palau, 
the United States Virgin Islands, American Samoa, Guam, and 
the Commonwealth of the Northern Mariana Islands. 
0^) TECHNOLOGY TRANSFER PROGRAM.—The Secretary is author-
ized to conduct a Precipitation Management Technology Transfer 
Program to help alleviate problems caused by precipitation varia-
bility and droughts in the West, as part of a balanced long-term 
water resources development and management program. In con-
sultation with State, tribal, and local water, hydropower, water 
quality and instream flow interests, areas shall be selected for 
conducting field studies cost-shared on a 50-50 basis to validate 
and qu^tify the potential for appropriate precipitation manage-
ment techjiology to augment stream flows. Validated technologies 
shall be Wansferred to non-Federal interests for operational 
implementation. 
TITLE III—GENERAL AND MISCELLANEOUS PROVISIONS 
43 use 2241. 
SEC. 301. AUTHORIZATION OF APPROPRIATIONS. 
Except as otherwise provided in section 303 of this Act (relating 
to temperature control devices at Shasta Dam, California), there 
' 
is authorized to be appropriated not more than $90,000,000 in 
total for fiscal years 1992, 1993, 1994, 1995, and 1996. 
43 use 2242. 
SEC. 302. AUTHORITY OF SECRETARY. 
The Secretary is authorized to perform any and all acts and 
to promulgate such regulations as may be necessary and appropriate 
for the purpose of implementing this Act. In carrying out the 
authorities under this Act, the Secretary shall give specific consider-
ation to the needs of fish and wildlife, together with other project 
purposes, and shall consider temporary operational changes which 
will mitigate, or can be expected to have an effect in mitigating, 
fish and wildlife losses and damages resulting from drought condi-
tions, consistent with the Secretary's other obligations. 
California. 
SEC. 303. TEMPERATURE CONTROL AT SHASTA DAM, CENTRAL VAL-
43 use 2243. 
LEY PROJECT. 
The Secretary is authorized to complete the design and specifica-
tions for construction of a device to control the temperature of 
PUBLIC LAW 102-250—MAR. 5, 1992 
106 STAT. 59 
Contracts. 
43 u s e 2245. 
water releases from Shasta Dam, Centrgil Valley Project, California, 
and to construct facilities needed to attach such device to the 
dam. There is authorized to be appropriated to carry out the author- Appropriation 
ity of this section not more than $12,000,000. 
authorization. 
SEC. 304. EFFECT OF ACT ON OTHER LAWS. 
43 USC 2244. 
(a) CONFORMITY WITH STATE AND FEDERAL LAW.—All actions 
teiken pursuant to this Act pertaining to the diversion, storage, 
use, or transfer of water shall be in conformity with applicable 
State and applicable Federal law. 
Qa) EFFECT ON JURISDICTION, AUTHORITY, AND WATER RIGHTS.— 
Nothing in this Act shall be construed as expanding or diminishing 
State, Federal, or tribsJ jurisdiction or authority over water 
resources development, control, or water rights. 
SEC. 305. EXCESS STORAGE AND CARRYING CAPACITY. 
The Secretary is authorized to enter into contracts with munici-
palities, public water districts and agencies, other Federal agencies. 
State agencies, and private entities, pursuant to the Act of Febru£iry 
21, 1911 (43 U.S.C. 523),'for the impounding, storage, and carriage 
of nonproject water for domestic, mimiicipal, fish and wildlife, indus-
trial, and other beneficial purposes using any facilities associated 
with the Central Valley Project, Cachumia Project, and the Ventura 
River Project, California, the Truckee Storage Project, and the 
Washoe Project, California and Nevada. The Secretary is further 
authorized to enter into contracts for the exchange of water for 
the aforementioned purposes using facilities associated with the 
Cachxmia Project, California. 
SEC. 306. REPORT. 
43 USC 2246. 
There shall be included as part of the President's annual budget 
submittal to the Congress a detailed report on past and proposed 
expenditures and accomplishments under this Act. 
SEC. 307. FEDERAL RECLAMATION LAWS. 
43 USC 2247. 
This Act shall constitute a supplement to the Federal Reclamation 
laws. 
Approved March 5, 1992. 
LEGISLATIVE HISTORY—H.R. 355: 
HOUSE REPORTS: No. 102-21, Pt. 1 (Comm. on Interior and Insular Affairs). 
SENATE REPORTS: No. 102-185 (Comm. on Energy and Natural Resources). 
CONGRESSIONAL RECORD: 
Vol. 137 (1991): Mar. 21, considered and passed House. 
Oct. 31, considered and passed Senate, amended. 
Nov. 27, Senate receded from its amendment with another 
amendment. 
Vol. 138 (1992): Feb. 19, House concurred in Senate amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 28 (1992): 
Mar. 5, Presidential statement.