[Congressional Record Volume 160, Number 25 (Tuesday, February 11, 2014)]
[Senate]
[Pages S892-S896]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      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

[[Page S893]]

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.);

[[Page S894]]

       (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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