[House Report 118-365]
[From the U.S. Government Publishing Office]


118th Congress   }                                      {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session      }                                      {      118-365

======================================================================



 
                        DROUGHT PREPAREDNESS ACT

                                _______
                                

January 30, 2024.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Westerman, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 4385]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 4385) to extend authorization of the Reclamation 
States Emergency Drought Relief Act of 1991, having considered 
the same, reports favorably thereon without amendment and 
recommends that the bill do pass.

                       Purpose of the Legislation

    The purpose of H.R. 4385 is to extend authorization of the 
Reclamation States Emergency Drought Relief Act of 1991.

                  Background and Need for Legislation

    The Bureau of Reclamation (Reclamation) was established as 
a water management agency that works with water users to 
insulate communities and rural economies against disruption in 
their water supplies and to provide the additional reliability 
of supply necessary to support the economy. Addressing the 
impacts of drought conditions was and continues to be a 
significant part of Reclamation's mission. Today, many of 
Reclamation's activities address drought through the use of 
enhanced water management that helps guard against, and to a 
certain extent mitigate, the adverse effects of drought, for 
example, through conservation, increased efficiencies, 
coordinated operation of reservoirs, and science-based 
forecasting.
    Reclamation's Drought Response Program aids drought 
planning and mitigation. One of the authorities Reclamation 
relies on for this program is the Reclamation States Emergency 
Drought Relief Act of 1991 (Act). The Act gives Reclamation 
temporary emergency authorities to take certain measures to 
mitigate the impacts of drought in the 17 Reclamation states as 
well as the territories. These measures include: the 
construction of temporary water infrastructure, the purchase of 
water from willing sellers, participation in state water banks, 
and the ability to make loans to water users to build drought 
mitigation infrastructure. The bill also gives Reclamation the 
authority to make available water from certain projects for use 
outside the authorized project service area to mitigate drought 
conditions. Reclamation is also authorized to make water 
available for the purposes of protecting or restoring fish and 
wildlife resources that are at risk due to drought conditions. 
Reclamation is currently authorized to spend no more than $130 
million over the lifetime of the program. H.R. 4385 extends 
these authorities and the current authorized appropriations 
through fiscal year 2028.

                            Committee Action

    H.R. 4385 was introduced on June 27, 2023, by Rep. Joe 
Neguse (D-CO). The bill was referred to the Committee on 
Natural Resources, and within the Committee to the Subcommittee 
on Water, Wildlife and Fisheries. On September 28, 2023, the 
Subcommittee on Water, Wildlife and Fisheries held a hearing on 
the bill. On November 8, 2023, the Committee on Natural 
Resources met to consider the bill. The Subcommittee on Water, 
Wildlife and Fisheries was discharged from further 
consideration of H.R. 4385 by unanimous consent. The bill was 
ordered favorably reported to the House of Representatives by 
unanimous consent.

                                Hearings

    For the purposes of clause 3(c)(6) of House rule XIII, the 
following hearing was used to develop or consider this measure: 
hearing by the Subcommittee on Water, Wildlife and Fisheries 
held on September 28, 2023.

                      Section-by-Section Analysis


Section 1. Short title

    Section 1 establishes the short title of the bill as the 
``Drought Preparedness Act.''

Section 2. Extension of authorization

    Section 2 extends the authorities provided by the 
Reclamation States Emergency Drought Relief Act of 1991, which 
enables the Bureau of Reclamation to respond to and mitigate 
the impacts of drought, through fiscal year 2028.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

           Compliance With House Rule XIII and Congressional 
                               Budget Act

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of clause 3(c)(2) and (3) of 
rule XIII of the Rules of the House of Representatives and 
sections 308(a) and 402 of the Congressional Budget Act of 
1974, the Committee has received the following estimate for the 
bill from the Director of the Congressional Budget Office:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    H.R. 4385 would extend through 2028 the authority of the 
Bureau of Reclamation (BOR) to assist states, tribes, and local 
governments with conservation management and construction 
activities to mitigate the effects of drought. Over the 2005-
2023 period, a total of $130 million was authorized to be 
appropriated for the program. Before that authority expired at 
the end of fiscal year 2023, the agency had allocated $121 
million for that program, including $3 million in 2023.
    Because CBO cannot predict when the amounts authorized to 
be appropriated would be provided, we assume that the remaining 
$9 million would be provided in roughly equal amounts over the 
2024-2028 period. Using historical spending patterns and 
subject to the availability of appropriated funds, CBO 
estimates implementing the bill would cost $8 million over the 
2024-2028 period and $1 million after 2028.
    The costs of the legislation, detailed in Table 1, fall 
within budget function 300 (natural resources and environment).

               TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER H.R. 4385
----------------------------------------------------------------------------------------------------------------
                                                                   By fiscal year, millions of dollars--
                                                         -------------------------------------------------------
                                                            2024     2025     2026     2027     2028   2024-2028
----------------------------------------------------------------------------------------------------------------
Estimated Authorization.................................        2        2        2        2        1          9
Estimated Outlays.......................................        1        1        2        2        2          8
----------------------------------------------------------------------------------------------------------------

    The CBO staff contact for this estimate is Aurora Swanson. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Director of Budget Analysis.
                                         Phillip L. Swagel,
                             Director, Congressional Budget Office.

    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to extend authorization of the 
Reclamation States Emergency Drought Relief Act of 1991.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                 Unfunded Mandates Reform Act Statement

    According to the Congressional Budget Office, H.R. 4385 
contains no unfunded mandates as defined in the Unfunded 
Mandates Reform Act.

                           Existing Programs

    Directed Rule Making. This bill does not contain any 
directed rule makings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

                Preemption of State, Local or Tribal Law

    Any preemptive effect of this bill over state, local, or 
tribal law is intended to be consistent with the bill's 
purposes and text and the Supremacy Clause of Article VI of the 
U.S. Constitution.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

        RECLAMATION STATES EMERGENCY DROUGHT RELIEF ACT OF 1991



           *       *       *       *       *       *       *
TITLE I--DROUGHT PROGRAM

           *       *       *       *       *       *       *


SEC. 104. APPLICABLE PERIOD OF DROUGHT PROGRAM.

  (a) In general.--The programs and authorities established 
under this subchapter shall become operative in any Reclamation 
State and in the State of Hawaii only after the Governor or 
Governors of the affected State or States, or on a reservation, 
when the governing body of the affected tribe has made a 
request for temporary drought assistance and the Secretary has 
determined that such temporary assistance is merited, or upon 
the approval of a drought contingency plan as provided in 
subchapter II of this chapter.
  (b) Coordination with BPA.--If a Governor referred to in 
subsection (a) is the Governor of the State of Washington, 
Oregon, Idaho, or Montana, the Governor shall coordinate with 
the Administrator of the Bonneville Power Administration before 
making a request under subsection (a).
  (c) Termination of authority.--The authorities established 
under this subchapter shall terminate on September 30, [2022] 
2028.

           *       *       *       *       *       *       *


TITLE III--GENERAL AND MISCELLANEOUS PROVISIONS

           *       *       *       *       *       *       *


SEC. 301. AUTHORIZATION OF APPROPRIATIONS.

  Except as otherwise provided in section 303 of this Act 
(relating to temperature control devices at Shasta Dam, 
California), there is authorized to be appropriated not more 
than $120,000,000 in total for the period of fiscal years 2006 
through [2022] 2028.

           *       *       *       *       *       *       *


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