Library / Laws / 113th / hr / H.R. 4039 / Introduced in House
I
113th CONGRESS
2d Session
H. R. 4039
IN THE HOUSE OF REPRESENTATIVES
February 11, 2014
Mr. Costa (for himself, Mr. Cárdenas, and Mr. Farr) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committees on Transportation and Infrastructure, Energy and Commerce, Agriculture, and the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
A BILL
To 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.
1.
Short title
This Act may be cited as the California Emergency Drought Relief Act of 2014.
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.
I
California emergency drought relief
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 decisionmaking 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 decisionmaking, 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.);
(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).
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.
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
(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).
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.
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.
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)).
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.
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.
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.
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.
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.
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:
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.
.
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.
II
Emergency supplemental agriculture disaster appropriations
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.
III
Federal disaster assistance
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.
.
IV
Emergency designations
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.