[Congressional Record Volume 160, Number 25 (Tuesday, February 11, 2014)]
[Senate]
[Pages S891-S896]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. WHITEHOUSE (for himself and Mr. Hatch):
S. 2012. A bill to amend the Controlled Substances Act to more
effectively regulate anabolic steroids; to the Committee on the
Judiciary.
Mr. WHITEHOUSE. Mr. President, today I am pleased to join Senator
Hatch once again in introducing the bipartisan Designer Anabolic
Steroid Control Act. Like the legislation we introduced in 2012, this
measure will help keep American children and families safe from
dangerous designer drugs that masquerade as healthy dietary
supplements.
Doctors and scientists have long recognized the health hazards of
non-medical use of anabolic steroids. For that reason, Congress has
previously acted to ensure that these drugs are listed as controlled
substances. Nonetheless, according to investigative reporting and
Congressional testimony, a loophole in current law allows for designer
anabolic steroids to easily be found on the Internet, in gyms, and even
in retail stores.
Designer steroids are produced by reverse engineering existing
illegal steroids and then slightly modifying the chemical composition,
so that the resulting product is not on the Drug Enforcement
Administration's, DEA, list of controlled substances. When taken by
consumers, designer steroids can cause serious medical consequences,
including liver injury and
[[Page S892]]
increased risk of heart attack and stroke. They may also lead to
psychological effects such as aggression, hostility, and addiction.
These designer products can be even more dangerous than traditional
steroids because they are often untested, produced from overseas raw
materials, and manufactured without quality controls. As one witness
testified at a Crime Subcommittee hearing on the issue, ``all it takes
to cash in on the storefront steroid craze is a credit card to import
raw products from China or India where most of the raw ingredients come
from, the ability to pour powders into a bottle or pill and a printer
to create shiny, glossy labels.''
The unscrupulous actors responsible for manufacturing and selling
these products often market them with misleading and inaccurate labels.
That can cause consumers who are looking for a healthy supplement--not
just elite athletes, but also high school students, law enforcement
personnel, and mainstream Americans--to be deceived into taking these
dangerous products. While the world's top athletes competing in the
Winter Olympics are subjected to strict guidelines and rigorous testing
to prevent the use of steroids, as they should be, many Americans may
be unknowingly dosing themselves with these harmful substances.
Loopholes in existing law allow these dangerous designer steroids to
evade regulation. Under current law, in order to classify new
substances as steroids, the DEA must complete a burdensome and time-
consuming series of chemical and pharmacological testing. As a DEA
official testified before Congress: ``in the time that it takes DEA to
administratively schedule an anabolic steroid used in a dietary
supplement product, several new products can enter the market to take
the place of those products.''
The Designer Anabolic Steroid Control Act of 2014 would quickly
protect consumers from these dangerous products. First, it would
immediately place 27 known designer anabolic steroids on the list of
controlled substances. Second, it would grant the DEA authority to
temporarily schedule new designer steroids on the controlled substances
list, so that if bad actors develop new variations, these products can
be removed from the market. Third, it would create new penalties for
importing, manufacturing, or distributing anabolic steroids under false
labels.
Senator Hatch and I worked closely with a range of consumer and
industry organizations to ensure that this legislation would not
interfere with consumers' access to legitimate dietary supplements. I
thank these organizations for their support, and look forward to
working with them, with Senator Hatch, and with colleagues from both
sides of the aisle to enact this common sense measure into law.
______
By Mr. DURBIN:
S. 2014. A bill to amend title 38, United States Code, to provide for
clarification regarding the children to whom entitlement to educational
assistance may be transferred under Post-9/11 Educational Assistance,
and for other purposes; to the Committee on Veterans' Affairs.
Mr. DURBIN. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 2014
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``GI Education Benefit
Fairness Act of 2014''.
SEC. 2. CLARIFICATION REGARDING THE CHILDREN TO WHOM
ENTITLEMENT TO EDUCATIONAL ASSISTANCE MAY BE
TRANSFERRED UNDER POST-9/11 EDUCATIONAL
ASSISTANCE.
(a) In General.--Subsection (c) of section 3319 of title
38, United States Code, is amended to read as follows:
``(c) Eligible Dependents.--
``(1) Transfer.--An individual approved to transfer an
entitlement to educational assistance under this section may
transfer the individual's entitlement as follows:
``(A) To the individual's spouse.
``(B) To one or more of the individual's children.
``(C) To a combination of the individuals referred to in
subparagraphs (A) and (B).
``(2) Definition of children.--For purposes of this
subsection, the term `children' includes dependents described
in section 1072(2)(I) of title 10.''.
(b) Applicability.--The amendment made by subsection (a)
shall apply with respect to educational assistance payable
under chapter 33 of title 38, United States Code, before, on,
or after the date of the enactment of this Act.
______
By Mrs. FEINSTEIN (for herself, Mrs. Boxer, Mr. Wyden, and Mr.
Merkley):
S. 2016. 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; to the Committee on Energy and Natural Resources.
Mrs. FEINSTEIN. Mr. President, I rise on behalf of myself and
Senators Boxer, Wyden and Merkley to introduce legislation to respond
to California's devastating drought conditions.
This weekend's storm in Northern California was more than a year in
coming, and there are some encouraging signs that came from it:
Rainfall in the Sacramento Valley averaged 2 to 3 inches. North of San
Francisco Bay, precipitation averaged 4 to 7 inches. Between Friday and
Monday, about 7 inches of precipitation fell in the Northern Sierra.
The Southern Sierra saw more than 3 inches. Over the same period, the
water contained in Northern Sierra snow increased by 3 inches; Central
Sierra by 4 inches; and Southern Sierra by an inch.
But one storm in the North will not end this historic drought. In the
San Joaquin Valley, precipitation over the weekend was less than an
inch, while San Diego and Los Angeles saw only about a quarter-inch of
rain. Also, the snowpack in the Sierra remains very troubling.
Statewide, the snowpack is at 29 percent of normal for this date. The
Northern California mountains are at 18 percent, and the Central Sierra
is 36 percent.
State officials have confirmed that this weekend's rain and snow will
have very little effect on the amount of water available for
California. Even after this storm, California faces some of the driest
conditions in modern times, leading to last month's declaration by
Governor Brown of a drought emergency.
As of the beginning of February, at least 10 communities are in
danger of running out of drinking water within 2 months. Without
relief, more communities may face similar difficulties.
California's State Water Project helps supply water to 25 million
Californians and 750,000 acres of farmland. For the first time in its
54-year history, it will not be providing any water to its water
agencies.
The Central Valley Project irrigates about 3 million acres of
farmland, supplies water to millions of Californians and supports
crucial environmental habitats. This year, it will likely not be able
to provide water to many farmers in the Central Valley.
As of February 9, Lake Shasta, California's largest reservoir, and
Lake Oroville, the State Water Project's principal reservoir, are both
at only 37 percent of capacity. San Luis Reservoir, crucial to farmers
south of the Delta, is at only 30 percent of capacity.
Without water, farmers north and south of the Delta have lost crops,
trees, workers, and income. Businesses, factories, schools, hospitals,
fire departments, and other social services facilities will have
trouble carrying out their work.
Let me put this in perspective: According to the State, to reach
average annual rain and snowfall levels, this past weekend's rainfall
must be repeated very frequently from now until May. And even then,
California would still remain in drought conditions.
We need a forceful and immediate response to help those who are
suffering. That is why I am introducing the California Emergency
Drought Relief Act of 2014 along with Senators Boxer, Wyden and
Merkley. Representative Jim Costa will introduce this bill in the
House.
This bill focuses on measures that can provide water supplies to
California this year. It would cut red tape and free up federal
agencies to operate with maximum flexibility and speed so they can move
water to those who need it. When we have more water to move from storms
like we saw this weekend, this bill will make an even greater
difference.
Let me sum up how this bill would help. First, the bill would
increase
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water supplies. By being smarter about how we manage water projects, we
can free up more water. For example: This bill directs Federal agencies
to open water gates on the Sacramento River for as long as possible
when few salmon are migrating. This should allow thousands of acre feet
of water to be pumped without harming the species.
It also directs agencies to find ways to control turbid waters so
endangered Delta smelt that are attracted to these waters do not swim
near the water pumps. Less risk to fish means more water can be pumped.
And the bill mandates agencies to use the maximum authority allowed
under the Endangered Species Act to provide as much water as possible
from Delta pumping while staying within the law.
The bill would also reduce bureaucracy. During this emergency
situation, the federal government must work as quickly and as
efficiently as possible. Relying on emergency authorities that already
exist, the bill directs Federal agencies to complete environmental
reviews under shortened timeframes so water supply measures such as
water transfers and fallowing of land can be carried out with minimal
delay.
The bill would also provide emergency funding and disaster
assistance. It authorizes additional expenditures to fund measures that
can make a difference now, especially for the communities that are at
risk of running out of drinking water soon.
They include $100 million to carry out projects to maximize water
supplies. There is also $200 million for disaster relief to help
farmers and rural communities. That includes $100 million for emergency
conservation measures so farmers can carry out projects to protect
lands, crops and watersheds; $25 million in grants for rural
communities to take action to upgrade, repair or secure water systems;
$25 million in pre-disaster hazard mitigation grants so communities and
the State can complete projects to lessen the effects of the drought;
$25 million in grant funding for public and nonprofit organizations to
provide emergency assistance to low-income migrant and seasonal
farmworkers affected by the drought; and $25 million in grants to
private forest landowners for conservation measures related to drought
and wildfire. The bill would also direct Federal agencies to prioritize
grant funding for water projects that can yield water supplies and
alleviate the drought's effects now.
The bill also amends the Stafford Act. The 1988 Stafford Act was
meant to provide a comprehensive framework for how the country responds
to major disasters, including droughts. However, because the Act has
been interpreted very narrowly since its passage, eight drought-
stricken States have applied for a major disaster declaration, and all
eight have been denied: California in 2009; Georgia in 2008; Virginia
in 2003; Maine in 2002; Texas and Oklahoma in 1998; and Minnesota and
North Dakota in 1988.
To correct this, the bill amends the Stafford Act. These changes will
provide States with greater flexibility to access Federal disaster
assistance programs. These programs help individuals affected by
drought conditions with disaster unemployment assistance and crisis
counseling.
Let me be clear: this bill does not create new Federal assistance
programs. It is an effort to clarify the intent of Congress regarding
the Stafford Act, and to make the Stafford Act work better for
droughts. When major disasters like a severe drought occur, communities
should be eligible for Federal assistance.
During these emergency times, I also strongly believe some
requirements should be relaxed to relieve the pressures faced by water
users. To that effect, my bill proposes giving North-of-Delta water
contractors more time to take delivery of water they were allocated in
2013, so they have more flexibility with their 2014 supplies. It also
delays some water contract payments that Central Valley Project
contractors must pay the Federal Government to lessen financial stress
as they confront and recover from the drought.
I want to be clear: the success of some of these measures will depend
on how much rain we get and how much water is available to be moved.
This bill is not a replacement for rain, but it will give us tools to
make water available when we have storms like the one over the weekend.
My goal is to make sure we are maximizing every drop of water in the
system and we are doing everything as quickly as possible to offer some
measure of relief.
Finally, there are important lessons to learn. Southern California is
better prepared than the rest of the State to cope with this drought
thanks to decades of work to build storage and improve water
conservation. Metropolitan Water District, I understand, has enough
water supplies for 19 million customers through voluntary water use
reductions.
Were it not for the more than 2 million acre-feet of water reserves,
including 600,000 acre feet in Diamond Valley Lake, Southern California
water users would be facing up to 50 percent mandatory water use
restrictions.
The message is clear: For the long term, we must build additional
storage if we are to be prepared for the next drought which is sure to
come.
I urge my colleagues on both sides of the aisle, and our counterparts
in the House, to support this bill.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 2016
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``California Emergency Drought
Relief Act of 2014''.
SEC. 2. TABLE OF CONTENTS.
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.
TITLE I--CALIFORNIA EMERGENCY DROUGHT RELIEF
SEC. 101. FINDINGS.
Congress finds that--
(1) as established in the Proclamation of a State of
Emergency issued by the Governor of the State on January 17,
2014, the State is experiencing record dry conditions;
(2) extremely dry conditions have persisted in the State
since 2012, and the current drought conditions are likely to
persist into the future;
(3) the water supplies of the State are at record-low
levels, as indicated by a statewide average snowpack of 12
percent of the normal average for winter as of February 1,
2014, and the fact that all major Central Valley Project
reservoir levels are below 50 percent of the capacity of the
reservoirs as of the date of enactment of this Act;
(4) the 2013-2014 drought constitutes a serious emergency
posing immediate and severe risks to human life and safety
and to the environment throughout the State;
(5) the emergency requires--
(A) immediate and credible action that respects the
complexity of the State of California's water system and its
importance to the entire State; and
(B) policies that do not pit stakeholders against one
another, which history has shown only leads to costly
litigation that benefits no one and prevents any real
solutions;
(6) Federal law (including regulations) directly authorizes
expedited decision-making procedures and environmental and
public review procedures to enable timely and appropriate
implementation of actions to respond to such a type and
severity of emergency; and
(7) the serious emergency posed by the 2013-2014 drought in
the State fully satisfies the conditions necessary for the
exercise of emergency decision making, analytical, and public
review requirements under--
(A) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.);
(B) the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.);
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(C) water control management procedures of the Corps of
Engineers described in section 222.5 of title 33, Code of
Federal Regulations (including successor regulations); and
(D) the Reclamation States Emergency Drought Relief Act of
1991 (Public Law 102-250; 106 Stat. 53).
SEC. 102. DEFINITIONS.
In this title:
(1) Central valley project.--The term ``Central Valley
Project'' has the meaning given the term in section 3403 of
the Central Valley Project Improvement Act (106 Stat. 4707).
(2) Klamath project.--The term ``Klamath Project'' means
the Bureau of Reclamation project in the States of California
and Oregon--
(A) as authorized under the Act of June 17, 1902 (32 Stat.
388, chapter 1093); and
(B) as described in--
(i) title II of the Oregon Resource Conservation Act of
1996 (Public Law 104-208; 110 Stat. 3009-532); and
(ii) the Klamath Basin Water Supply Enhancement Act of 2000
(Public Law 106-498; 114 Stat. 2221).
(3) Reclamation project.--The term ``Reclamation Project''
means a project constructed pursuant to the authorities of
the reclamation laws and whose facilities are wholly or
partially located in the State.
(4) Reserved works.--The term ``reserved works'' means
Bureau of Reclamation-owned project facilities for which the
operations and maintenance are performed by employees of the
Bureau of Reclamation or by contract, regardless of funding
source.
(5) Secretaries.--The term ``Secretaries'' means--
(A) the Administrator of the Environmental Protection
Agency;
(B) the Secretary of Commerce; and
(C) the Secretary of the Interior.
(6) State.--The term ``State'' means the State of
California.
(7) State water project.--The term ``State Water Project''
means the water project described by California Water Code
section 11550 et seq., and operated by the California
Department of Water Resources.
SEC. 103. EMERGENCY PROJECTS.
(a) In General.--In response to the declaration of a state
of drought emergency by the Governor of the State, the
Secretaries shall provide the maximum quantity of water
supplies possible to Central Valley Project and Klamath
Project agricultural, municipal and industrial, and refuge
service and repayment contractors, State Water Project
contractors, and any other locality or municipality in the
State, by approving, consistent with applicable laws
(including regulations)--
(1) any project or operations to provide additional water
supplies if there is any possible way whatsoever that the
Secretaries can do so unless the project or operations
constitute a highly inefficient way of providing additional
water supplies; and
(2) any projects or operations as quickly as possible based
on available information to address the emergency conditions.
(b) Mandate.--In carrying out subsection (a), the
applicable agency heads described in that subsection shall,
consistent with applicable laws (including regulations)--
(1) authorize and implement actions to ensure that the
Delta Cross Channel Gates shall remain open to the greatest
extent possible, timed to maximize the peak flood tide period
and provide water supply and water quality benefits for the
duration of the State's drought emergency declaration,
consistent with operational criteria and monitoring criteria
developed pursuant to the California State Water Resources
Control Board's Order Approving a Temporary Urgency Change in
License and Permit Terms in Response to Drought Conditions,
effective January 31, 2014, or a successor order;
(2)(A) collect data associated with the operation of the
Delta Cross Channel Gates described in paragraph (1) and its
impact on species listed as threatened or endangered under
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.),
water quality, and water supply; and
(B) after assessing the data described in subparagraph (A),
require the Director of the National Marine Fisheries Service
to recommend revisions to operations of the Central Valley
Project and the California State Water Project, including, if
appropriate, the reasonable and prudent alternatives
contained in the biological opinion issued by the National
Marine Fisheries Service on June 4, 2009, that are likely to
produce fishery, water quality, and water supply benefits;
(3)(A) implement turbidity control strategies that allow
for increased water deliveries while avoiding jeopardy to
adult delta smelt (Hypomesus transpacificus) due to
entrainment at Central Valley Project and State Water Project
pumping plants; and
(B) manage reverse flow in Old and Middle Rivers as
prescribed by the biological opinion issued by the United
States Fish and Wildlife Service and dated December 15, 2008,
to minimize water supply reductions for the Central Valley
Project and the State Water Project;
(4) adopt a 1:1 inflow to export ratio for the increased
flow of the San Joaquin River, as measured as a 3-day running
average at Vernalis during the period from April 1 through
May 31, resulting from voluntary transfers and exchanges of
water supplies, among other purposes;
(5) issue all necessary permit decisions under the
authority of the Secretaries within 30 days of receiving a
completed application by the State to place and use temporary
barriers or operable gates in Delta channels to improve water
quantity and quality for State Water Project and Central
Valley Project South of Delta water contractors and other
water users, which barriers or gates should provide benefits
for species protection and in-Delta water user water quality
and shall be designed such that formal consultations under
section 7 of the Endangered Species Act of 1973 (16 U.S.C.
1536) would not be necessary;
(6)(A) require the Director of the United States Fish and
Wildlife Service and the Commissioner of the Bureau of
Reclamation to complete all requirements under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.)
necessary to make final permit decisions on water transfer
requests associated with voluntarily fallowing nonpermanent
crops in the State, within 30 days of receiving such a
request; and
(B) require the Director of the United States Fish and
Wildlife Service to allow any water transfer request
associated with fallowing to maximize the quantity of water
supplies available for nonhabitat uses as long as the
fallowing and associated water transfer are in compliance
with applicable Federal laws (including regulations);
(7) allow North of Delta water service contractors with
unused 2013 Central Valley Project contract supplies to take
delivery of those unused supplies through April 15, 2014,
if--
(A) the contractor requests the extension; and
(B) the requesting contractor certifies that, without the
extension, the contractor would have insufficient supplies to
adequately meet water delivery obligations;
(8) maintain all rescheduled water supplies held in the San
Luis Reservoir and Millerton Reservoir for all water users
for delivery in the immediately following contract water year
unless precluded by reservoir storage capacity limitations;
(9) to the maximum extent possible based on the
availability of water and without causing land subsidence--
(A) meet the contract water supply needs of Central Valley
Project refuges through the improvement or installation of
wells to use groundwater resources and the purchase of water
from willing sellers, which activities may be accomplished by
using funding made available under section 104 or the Water
Assistance Program or the WaterSMART program of the
Department of the Interior; and
(B) make a quantity of Central Valley Project surface water
obtained from the measures implemented under subparagraph (A)
available to Central Valley Project contractors;
(10) make WaterSMART grant funding administered by the
Bureau of Reclamation available for eligible projects within
the State on a priority and expedited basis--
(A) to provide emergency drinking and municipal water
supplies to localities in a quantity necessary to meet
minimum public health and safety needs;
(B) to prevent the loss of permanent crops;
(C) to minimize economic losses resulting from drought
conditions; and
(D) to provide innovative water conservation tools and
technology for agriculture and urban water use that can have
immediate water supply benefits;
(11) implement offsite upstream projects in the Delta and
upstream Sacramento River and San Joaquin basins, in
coordination with the California Department of Water
Resources and the California Department of Fish and Wildlife,
that offset the effects on species listed as threatened or
endangered under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.) due to actions taken under this Act;
(12) for reserved works only, authorize annual operation
and maintenance deficits, owed to the Federal Government and
incurred due to delivery of contract water supplies to a
Central Valley Project or Klamath Project water contractor
during each fiscal year the State emergency drought
declaration is in force, to accrue without interest for a
period of 5 years and then to be repaid, notwithstanding
section 106 of Public Law 99-546 (100 Stat. 3052), to the
Federal Government over a period of not more than 10 years at
the lesser of--
(A) the project interest rate; and
(B) the rate specified in section 106 of Public Law 99-546
(100 Stat. 3052); and
(13) use all available scientific tools to identify and
implement any changes to real-time operations of Bureau of
Reclamation, State, and local water projects that could
result in the availability of additional water supplies.
(c) Other Agencies.--To the extent that a Federal agency
other than agencies headed by the Secretaries has a role in
approving projects described in subsections (a) and (b), the
provisions of this section shall apply to those Federal
agencies.
(d) Accelerated Project Decision and Elevation.--
(1) In general.--Upon the request of the State, the heads
of Federal agencies shall use the expedited procedures under
this subsection to make final decisions relating to a Federal
project or operation to provide additional water supplies or
address emergency drought conditions pursuant to subsections
(a) and (b).
(2) Request for resolution.--
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(A) In general.--Upon the request of the State, the head of
an agency referred to in subsection (a), or the head of
another Federal agency responsible for carrying out a review
of a project, as applicable, the Secretary of the Interior
shall convene a final project decision meeting with the heads
of all relevant Federal agencies to decide whether to approve
a project to provide emergency water supplies.
(B) Meeting.--The Secretary of the Interior shall convene a
meeting requested under subparagraph (A) not later than 7
days after receiving the meeting request.
(3) Notification.--Upon receipt of a request for a meeting
under this subsection, the Secretary of the Interior shall
notify the heads of all relevant Federal agencies of the
request, including the project to be reviewed and the date
for the meeting.
(4) Decision.--Not later than 10 days after the date on
which a meeting is requested under paragraph (2), the head of
the relevant Federal agency shall issue a final decision on
the project.
(5) Meeting convened by secretary.--The Secretary may
convene a final project decision meeting under this
subsection at any time, at the discretion of the Secretary,
regardless of whether a meeting is requested under paragraph
(2).
SEC. 104. EMERGENCY FUNDING.
(a) Financial Assistance.--
(1) In general.--Financial assistance may be made available
under the Reclamation States Emergency Drought Relief Act of
1991 (43 U.S.C. 2201 et seq.), subtitle F of title IX of the
Omnibus Public Land Management Act of 2009 (42 U.S.C. 10361
et seq.) (commonly known as the ``Secure Water Act of
2009''), and any other applicable Federal law (including
regulations), to be divided among each applicable program at
the discretion of the Secretary for the optimization and
conservation of Reclamation Project water supplies to assist
drought-plagued areas of the State and the West.
(2) Additional availability.--Financial assistance may be
made available under this section to organizations and
entities, including tribal governments, that are engaged in
collaborative processes to restore the environment while
settling water rights claims that are part of an active water
rights adjudication or a broader settlement of claims that
are part of a basin-wide solution for restoration.
(b) Types of Assistance.--Assistance under subsection (a)
shall include a range of projects, including--
(1) the installation of pumps, temporary barriers, or
operable gates for water diversion and fish protection;
(2) the installation of groundwater wells in wildlife
refuges and other areas;
(3) the purchase or assistance in the purchase of water
from willing sellers;
(4) conservation projects providing water supply benefits
in the short-term;
(5) exchanges with any water district willing to provide
water to meet the emergency water needs of other water
districts in return for the delivery of equivalent quantities
of water later that year or in future years;
(6) maintenance of cover crops to prevent public health
impacts from severe dust storms;
(7) emergency pumping projects for critical health and
safety purposes;
(8) activities to reduce water demand consistent with a
comprehensive program for environmental restoration and
settlement of water rights claims;
(9) the use of new or innovative water on-farm water
conservation technologies or methods that may assist in
sustaining permanent crops in areas with severe water
shortages;
(10) technical assistance to improve existing irrigation
practices to provide water supply benefits in the short-term;
and
(11) any other assistance the Secretary determines to be
necessary to increase available water supplies or mitigate
drought impacts.
(c) Funding.--There is appropriated, out of funds of the
Treasury not otherwise appropriated, $100,000,000 to the
Secretary of the Interior and the Secretary of Commerce to
carry out this section.
SEC. 105. EMERGENCY ENVIRONMENTAL REVIEWS.
To minimize the time spent carrying out environmental
reviews and to deliver water quickly that is needed to
address emergency drought conditions in the State, the head
of each applicable Federal agency shall, in carrying out this
Act, consult with the Council on Environmental Quality in
accordance with section 1506.11 of title 40, Code of Federal
Regulations (including successor regulations) to develop
alternative arrangements to comply with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
during the emergency.
SEC. 106. STATE REVOLVING FUNDS.
The Administrator of the Environmental Protection Agency,
in allocating amounts for each of the fiscal years during
which the State's emergency drought declaration is in force
to State water pollution control revolving funds established
under title VI of the Federal Water Pollution Control Act (33
U.S.C. 1381 et seq.) and the State drinking water treatment
revolving loan funds established under section 1452 of the
Safe Drinking Water Act (42 U.S.C. 300j-12), shall, for those
projects that are eligible to receive assistance under
section 603 of the Federal Water Pollution Control Act (33
U.S.C. 1383) or section 1452(a)(2) of the Safe Drinking Water
Act (42 U.S.C. 300j-12(a)(2)), respectively, that the State
determines will provide additional water supplies most
expeditiously to areas that are at risk of having an
inadequate supply of water for public health and safety
purposes or to improve resiliency to drought--
(1) require the State to review and prioritize funding for
such projects;
(2) issue a determination of waivers within 30 days of the
conclusion of the informal public comment period pursuant to
section 436(c) of title IV of division G of Public Law 113-
76; and
(3) authorize, at the request of the State, 40-year
financing for assistance under section 603(d)(2) of the
Federal Water Pollution Control Act (33 U.S.C. 1383(d)(2)) or
section 1452(f)(2) of the Safe Drinking Water Act (42 U.S.C.
300j-12(f)(2)).
SEC. 107. DROUGHT PLANNING ASSISTANCE.
(a) In General.--Upon the request of Central Valley Project
or Klamath Project contractors or other Reclamation Project
contractors in the State, the Secretary of the Interior,
acting through the Commissioner of Reclamation, shall provide
water supply planning assistance in preparation for and in
response to dry, critically dry, and below normal water year
types to those Central Valley Project or Klamath Project
contractors or other Reclamation Project contractors making
those requests, including contractors who possess contracts
for refuge water supplies or deliver refuge water supplies.
(b) Types of Assistance.--Assistance under subsection (a)
shall include--
(1) hydrological forecasting;
(2) assessment of water supply sources under different
water year classification types;
(3) identification of alternative water supply sources;
(4) guidance on potential water transfer partners;
(5) technical assistance regarding Federal and State
permits and contracts under the Act of February 21, 1911 (36
Stat. 925, chapter 141) (commonly known as the ``Warren
Act'');
(6) technical assistance regarding emergency provision of
water supplies for critical health and safety purposes;
(7) activities carried out in conjunction with the National
Oceanic and Atmospheric Administration, the National
Integrated Drought Information System, and the State partners
of the National Integrated Drought Information System under
the National Integrated Drought Information System Act of
2006 (15 U.S.C. 313d)--
(A) to collect and integrate key indicators of drought
severity and impacts; and
(B) to produce and communicate timely monitoring and
forecast information to local and regional communities,
including the San Joaquin Valley, the Delta, and the Central
Coast; and
(8) any other assistance the Secretary determines to be
necessary.
SEC. 108. CALFED BAY-DELTA ACT REAUTHORIZATION.
Title I of the Water Supply, Reliability, and Environmental
Improvement Act (118 Stat. 1681; 123 Stat. 2860) (as amended
by section 207 of title II of division D of the Consolidated
Appropriations Act, 2014) is amended by striking ``2015''
each place it appears and inserting ``2018''.
SEC. 109. RECLAMATION STATES EMERGENCY DROUGHT RELIEF ACT
REAUTHORIZATION.
Section 301 of the Reclamation States Emergency Drought
Relief Act of 1991 (43 U.S.C. 2241) is amended--
(1) by striking ``$90,000,000'' and inserting
``$190,000,000''; and
(2) by striking ``2012'' and inserting ``2017''.
SEC. 110. SECURE WATER ACT REAUTHORIZATION.
Section 9504 of Public Law 111-11 (42 U.S.C. 10364) is
amended--
(1) in subsection (a)(3)(E), by adding at the end the
following:
``(v) Authority of commissioner.--The Commissioner of
Reclamation may, at the discretion of the Commissioner--
``(I) waive any cost-share requirements to address
emergency situations; and
``(II) prioritize projects based on the ability of the
projects to expeditiously yield water supply benefits during
periods of drought.''; and
(2) in subsection (e), by striking ``$200,000,000'' and
inserting ``$250,000,000''.
SEC. 111. EFFECT ON STATE LAWS.
Nothing in this Act preempts any State law in effect on the
date of enactment of this Act, including area of origin and
other water rights protections.
SEC. 112. KLAMATH BASIN WATER SUPPLY.
The Klamath Basin Water Supply Enhancement Act of 2000
(Public Law 106-498; 114 Stat. 2221) is amended--
(1) by redesignating sections 4 through 6 as sections 5
through 7, respectively; and
(2) by inserting after section 3 the following:
``SEC. 4. WATER MANAGEMENT AND PLANNING ACTIVITIES.
``The Secretary is authorized to engage in activities,
including entering into agreements and contracts, or
otherwise making financial assistance available, to reduce
water consumption or demand, or to restore ecosystems in the
Klamath Basin watershed, including tribal fishery resources
held in trust, consistent with collaborative agreements for
environmental restoration and settlements of water rights
claims.''.
[[Page S896]]
SEC. 113. TERMINATION OF AUTHORITIES.
The authorities under sections 103, 104, 105, and 106
expire on the date on which the Governor of the State
suspends the state of drought emergency declaration.
TITLE II--EMERGENCY SUPPLEMENTAL AGRICULTURE DISASTER APPROPRIATIONS
SEC. 201. EMERGENCY SUPPLEMENTAL AGRICULTURE DISASTER
APPROPRIATIONS.
(a) Funding.--
(1) In general.--Notwithstanding any other provision of
law, as soon as practicable after the date of enactment of
this Act, out of any funds in the Treasury not otherwise
appropriated, the Secretary of the Treasury shall transfer to
the Secretary of Agriculture (referred to in this section as
the ``Secretary'') for the emergency conservation program
established under title IV of the Agricultural Credit Act of
1978 (16 U.S.C. 2201 et seq.) and the emergency watershed
protection program established under section 403 of the
Agricultural Credit Act of 1978 (16 U.S.C. 2203)
$100,000,000, to be divided among each applicable program as
the Secretary determines to be appropriate--
(A) to provide to agricultural producers and other eligible
entities affected by the 2014 drought assistance upon
declaration of a natural disaster under section 321(a) of the
Consolidated Farm and Rural Development Act (7 U.S.C.
1961(a)) or for the same purposes for counties that are
contiguous to a designated natural disaster area; and
(B) to carry out any other activities the Secretary
determines necessary as a result of the 2014 drought, such as
activities relating to wildfire damage.
(2) Receipt and acceptance.--The Secretary shall be
entitled to receive, shall accept, and shall use to carry out
this subsection the funds transferred under paragraph (1),
without further appropriation.
(b) Emergency Assistance Program for Livestock, Honey Bees,
and Farm-raised Fish.--Notwithstanding any other applicable
limitations under law, the Secretary shall use such sums as
are necessary of the funds of the Commodity Credit
Corporation to carry out the emergency assistance program for
livestock, honey bees, and farm-raised fish under section
531(e) of the Federal Crop Insurance Act (7 U.S.C. 1531(e))
for fiscal year 2014 to provide assistance to agricultural
producers for losses due to drought.
(c) FEMA Predisaster Hazard Mitigation Grants.--
(1) In general.--Notwithstanding any other provision of
law, as soon as practicable after the date of enactment of
this Act, out of any funds in the Treasury not otherwise
appropriated, the Secretary of the Treasury shall transfer to
the Administrator of the Federal Emergency Management Agency
$25,000,000 for fiscal year 2014 for mitigation activities
related to drought and wildfire hazards.
(2) Receipt and acceptance.--The Administrator of the
Federal Emergency Management Agency shall be entitled to
receive, shall accept, and shall use to carry out this
subsection the funds transferred under paragraph (1), without
further appropriation.
(d) Emergency Community Water Assistance Grants.--
(1) In general.--Notwithstanding any other provision of
law--
(A) as soon as practicable after the date of enactment of
this Act, out of any funds in the Treasury not otherwise
appropriated, the Secretary of the Treasury shall transfer to
the Secretary $25,000,000 for fiscal year 2014 to provide
emergency community water assistance grants under section
306A of the Consolidated Farm and Rural Development Act (7
U.S.C. 1926a) to address impacts of drought;
(B) the maximum amount of a grant provided under
subparagraph (A) for fiscal year 2014 shall be $1,000,000;
and
(C) for fiscal year 2014, a community whose population is
less than 50,000 shall be eligible for a grant under this
paragraph.
(2) Receipt and acceptance.--The Secretary shall be
entitled to receive, shall accept, and shall use to carry out
this subsection the funds transferred under paragraph (1),
without further appropriation.
(e) Office of the Inspector General.--
(1) In general.--Notwithstanding any other provision of
law, as soon as practicable after the date of enactment of
this Act, out of any funds in the Treasury not otherwise
appropriated, the Secretary of the Treasury shall transfer to
the Inspector General of the Department of Agriculture
$2,000,000 for fiscal year 2014, to remain available until
expended, for oversight of activities carried out by the
Department relating to drought.
(2) Receipt and acceptance.--The Inspector General of the
Department of Agriculture shall be entitled to receive, shall
accept, and shall use to carry out this subsection the funds
transferred under paragraph (1), without further
appropriation.
(f) Emergency Grants to Assist Low-income Migrant and
Seasonal Farmworkers.--
(1) In general.--Notwithstanding any other provision of
law, as soon as practicable after the date of enactment of
this Act, out of any funds in the Treasury not otherwise
appropriated, the Secretary of the Treasury shall transfer to
the Secretary $25,000,000 for fiscal year 2014 to provide
emergency grants to assist low-income migrant and seasonal
farmworkers under section 2281 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (42 U.S.C. 5177a) to
address impacts of drought upon declaration of a natural
disaster under section 321(a) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1961(a)) or for the same
purposes in counties that are contiguous to a designated
natural disaster area.
(2) Receipt and acceptance.--The Secretary shall be
entitled to receive, shall accept, and shall use to carry out
this subsection the funds transferred under paragraph (1),
without further appropriation.
(g) Emergency Forest Restoration Program.--
(1) In general.--Notwithstanding any other provision of
law, as soon as practicable after the date of enactment of
this Act, out of any funds in the Treasury not otherwise
appropriated, the Secretary of the Treasury shall transfer to
the Secretary $25,000,000 for fiscal year 2014 for the
Emergency Forest Restoration Program under section 407 of the
Agricultural Credit Act of 1978 (16 U.S.C. 2206) to address
impacts of drought or wildfire upon declaration of a natural
disaster under section 321(a) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1961(a)) or for the same
purposes in counties that are contiguous to a designated
natural disaster area.
(2) Receipt and acceptance.--The Secretary shall be
entitled to receive, shall accept, and shall use to carry out
this subsection the funds transferred under paragraph (1),
without further appropriation.
TITLE III--FEDERAL DISASTER ASSISTANCE
SEC. 301. TREATMENT OF DROUGHT UNDER THE ROBERT T. STAFFORD
DISASTER RELIEF AND EMERGENCY ASSISTANCE ACT.
(a) Findings.--Congress finds that--
(1) the term ``major disaster'' (as defined in section 102
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122)) includes drought, yet no
drought in the 30 years preceding the date of enactment of
this Act has been declared by the President to be a major
disaster in any of the States in accordance with section 401
of that Act (42 U.S.C. 5170);
(2) a major drought shall be eligible to be declared a
major disaster or state of emergency by the President on the
request of the Governor of any State;
(3) droughts are natural disasters that do occur, and while
of a different type of impact, the scale of the impact of a
major drought can be equivalent to other disasters that have
been declared by the President to be a major disaster under
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.); and
(4) droughts have wide-ranging and long-term impacts on
ecosystem health, agriculture production, permanent crops,
forests, waterways, air quality, public health, wildlife,
employment, communities, State and national parks, and other
natural resources of a State and the people of that State
that have significant value.
(b) Amendment.--Section 502(a) of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5192(a)) is amended--
(1) in paragraph (7), by striking ``and'';
(2) in paragraph (8), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(9) provide disaster unemployment assistance in
accordance with section 410;
``(10) provide emergency nutrition assistance in accordance
with section 412; and
``(11) provide crisis counseling assistance in accordance
with section 416.''.
TITLE IV--EMERGENCY DESIGNATIONS
SEC. 401. EMERGENCY DESIGNATIONS.
(a) This Act is designated as an emergency requirement
pursuant to section 4(g) of the Statutory Pay-As-You-Go Act
of 2010 (Public Law 111-139; 2 U.S.C. 933(g)).
(b) In the Senate, this Act is designated as an emergency
requirement pursuant to section 403(a) of S. Con. Res. 13
(111th Congress), the concurrent resolution on the budget for
fiscal year 2010.
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