#aacth ,,congress #b;d ,session ,s4 #baih ,,an ,,act ,to direct the ,secretary of the ,interior1 the ,secretary of ,commerce1 the ,secretary of ,agriculture1 and the ,administrator of the ,environmental ,protection ,agency to take actions to provide additional water supplies to the ,state of ,california due to drought1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,emergency ,drought ,relief ,act of #bjad4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,findings4,sec4 #c4 ,definitions4,sec4 #d4 ,emergency projects4,sec4 #e4 ,emergency environmental reviews4,sec4 #f4 ,state revolving funds4,sec4 #g4 ,effect on ,state laws4,sec4 #h4 ,termination of authorities4 #b4 ,findings ,congress finds that-- 7#a7 as established in the ,proclamation of a ,state of ,emergency issued by the ,governor of the ,state on ,january #ag1 #bjad1 the ,state is experiencing record dry conditions2 7#b7 extremely dry conditions have persisted in the ,state since #bjab1 and the drought conditions are likely to persist into the future2 7#c7 the water supplies of the ,state are at record-low levels1 as indicated by a statewide average snowpack of #ab percent of the normal average for winter as of ,february #a1 #bjad1 and the fact that all major ,central ,valley ,project reservoir levels are at or below #ej percent of the capacity of the reservoirs as of ,april #a1 #bjad2 7#d7 the #bjac-bjad drought constitutes a serious emergency posing immediate and severe risks to human life and safety and to the environment throughout the ,state2 7#e7 the emergency requires-- 7,a7 immediate and credible action that respects the complexity of the water system of the ,state and the importance of the water system to the entire ,state2 and 7,b7 policies that do not pit stakeholders against one another1 which history has shown only leads to costly litigation that benefits no one and prevents any real solutions2 7#f7 ,federal law 7including regulations7 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 emergency2 and 7#g7 the serious emergency posed by the #bjac-bjad drought in the ,state fully satisfies the conditions necessary for the exercise of emergency decisionmaking1 analytical1 and public review requirements under-- 7,a7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 7,b7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7,c7 water control management procedures of the ,corps of ,engineers described in section #bbb4e of title #cc1 ,code of ,federal ,regulations 7including successor regulations72 and 7,d7 the ,reclamation ,states ,emergency ,drought ,relief ,act of #aiia 7,public ,law #ajb-bej2 #ajf ,stat4 #ec74 #c4 ,definitions ,in this ,act3 7#a7 ,central valley project ,the term ,central ,valley ,project has the meaning given the term in section #cdjc of the ,central ,valley ,project ,improvement ,act 7#ajf ,stat4 #dgjg74 7#b7 ,klamath ,project ,the term ,klamath ,project means the ,bureau of ,reclamation project in the ,states of ,california and ,oregon1 as authorized under the ,act of ,june #ag1 #aijb 7#cb ,stat4 #chh1 chapter #ajic74 7#c7 ,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 ,state4 7#d7 ,secretaries ,the term ,secretaries means-- 7,a7 the ,administrator of the ,environmental ,protection ,agency2 7,b7 the ,secretary of ,agriculture2 7,c7 the ,secretary of ,commerce2 and 7,d7 the ,secretary of the ,interior4 7#e7 ,state ,the term ,state means the ,state of ,california4 7#f7 ,state water project ,the term ,state ,water ,project means the water project described by ,california ,water ,code section #aaeej et seq41 and operated by the ,california ,department of ,water ,resources4 #d4 ,emergency projects 7a7 ,water supplies 7#a7 ,in general ,in response to the declaration of a state of drought emergency by the ,governor of the ,state1 the ,secretaries shall provide the maximum quantity of water supplies possible to ,central ,valley ,project agricultural1 municipal and industrial1 and refuge service and repayment contractors1 ,state ,water ,project contractors1 and any other locality or municipality in the ,state1 by approving1 consistent with applicable laws 7including regulations71 projects and operations to provide additional water supplies as quickly as possible based on available information to address the emergency conditions4 7#b7 ,application ,paragraph 7#a7 applies to projects or operations involving the ,klamath ,project if the projects or operations would benefit ,federal water contractors in the ,state4 7b7 ,limitation ,nothing in this section allows agencies to approve projects-- 7#a7 that would otherwise require congressional authorization2 or 7#b7 without following procedures required by applicable law4 7c7 ,administration ,in carrying out subsection 7a71 the ,secretaries shall1 consistent with applicable laws 7including regulations7-- 7#a7 authorize and implement actions to ensure that the ,delta ,cross ,channel ,gates shall remain open to the greatest extent possible1 timed to maximize the peak flood tide period and provide water supply and water quality benefits for the duration of the drought emergency declaration of the ,state1 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 ,conditions1 effective ,january #ca1 #bjad1 or a successor order2 7#b7 7,a7 collect data associated with the operation of the ,delta ,cross ,channel ,gates described in paragraph 7#a7 and the impact of the operation on species listed as threatened or endangered under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq471 water quality1 and water supply2 and 7,b7 after assessing the data described in subparagraph 7,a71 require the ,director of the ,national ,marine ,fisheries ,service to recommend revisions to operations of the ,central ,valley ,project and the ,california ,state ,water ,project1 including1 if appropriate1 the reasonable and prudent alternatives contained in the biological opinion issued by the ,national ,marine ,fisheries ,service on ,june #d1 #bjji1 that are likely to produce fishery1 water quality1 and water supply benefits2 7#c7 7,a7 implement turbidity control strategies that allow for increased water deliveries while avoiding jeopardy to adult delta smelt 7,hypomesus transpacificus7 due to entrainment at ,central ,valley ,project and ,state ,water ,project pumping plants2 and 7,b7 manage reverse flow in the ,old and ,middle ,rivers as prescribed by the biological opinions issued by the ,united ,states ,fish and ,wildlife ,service on ,december #ae1 #bjjh1 for ,delta smelt and by the ,national ,marine ,fisheries ,service on ,june #d1 #bjji1 for salmonids1 to minimize water supply reductions for the ,central ,valley ,project and the ,state ,water ,project2 7#d7 adopt a #a3a inflow to export ratio for the increased flow of the ,san ,joaquin ,river1 as measured as a #c-;day running average at ,vernalis during the period from ,april #a through ,may #ca1 resulting from voluntary transfers and exchanges of water supplies1 among other purposes2 7#e7 issue all necessary permit decisions under the authority of the ,secretaries within #cj 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 users1 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 #g of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecf7 would not be necessary2 7#f7 7,a7 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 #aifi 7#db ,u4,s4,c4 #dcba et seq47 and the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 necessary to make final permit decisions on water transfer requests associated with voluntarily fallowing nonpermanent crops in the ,state1 within #cj days of receiving such a request2 and 7,b7 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 7including regulations72 7#g7 participate in1 issue grants1 or otherwise provide funding for1 as soon as practicable after the date of enactment of this ,act1 under existing authority available to the ,secretary of the ,interior1 pilot projects to increase water in reservoirs in regional river basins experiencing extreme1 exceptional1 or sustained drought that have a direct impact on the water supply of the ,state1 including the ,colorado ,river ,basin1 provided that any participation1 grant1 or funding by the ,secretary with respect to the ,upper ,division shall be with or to the respective ,state2 7#h7 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 limitations2 7#i7 to the maximum extent possible based on the availability of water and without causing land subsidence or violating water quality standards-- 7,a7 meet the contract water supply needs of ,central ,valley ,project refuges through the improvement or installation of water conservation measures1 water conveyance facilities1 and wells to use groundwater resources1 which activities may be accomplished by using funding made available under the ,water ,assistance ,program or the ,water,s,m,a,r,t program of the ,department of the ,interior2 and 7,b7 make a quantity of ,central ,valley ,project surface water obtained from the measures implemented under subparagraph 7,a7 available to ,central ,valley ,project contractors2 7#aj7 in coordination with the ,secretary of ,agriculture1 enter into an agreement with the ,national ,academy of ,sciences to conduct a comprehensive study1 to be completed not later than #a year after the date of enactment of this ,act1 on the effectiveness and environmental impacts of saltcedar biological control efforts on increasing water supplies and improving riparian habitats of the ,colorado ,river and its principal tributaries1 in the ,state and elsewhere2 7#aa7 make any ,water,s,m,a,r,t grant funding allocated to the ,state available on a priority and expedited basis for projects in the ,state that-- 7,a7 provide emergency drinking and municipal water supplies to localities in a quantity necessary to meet minimum public health and safety needs2 7,b7 prevent the loss of permanent crops2 7,c7 minimize economic losses resulting from drought conditions2 or 7,d7 provide innovative water conservation tools and technology for agriculture and urban water use that can have immediate water supply benefits2 7#ab7 implement offsite upstream projects in the ,delta and upstream ,sacramento ,river and ,san ,joaquin basins1 in coordination with the ,california ,department of ,water ,resources and the ,california ,department of ,fish and ,wildlife1 that offset the effects on species listed as threatened or endangered under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq47 due to actions taken under this ,act2 and 7#ac7 use all available scientific tools to identify any changes to real-time operations of ,bureau of ,reclamation1 ,state and local water projects that could result in the availability of additional water supplies4 7d7 ,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 7a7 and 7c71 this section shall apply to those ,federal agencies4 7e7 ,accelerated project decision and elevation 7#a7 ,in general ,upon the request of the ,state1 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 7a7 and 7c74 7#b7 ,request for resolution 7,a7 ,in general ,upon the request of the ,state1 the head of an agency referred to in subsection 7a71 or the head of another ,federal agency responsible for carrying out a review of a project1 as applicable1 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 supplies4 7,b7 ,meeting ,the ,secretary of the ,interior shall convene a meeting requested under subparagraph 7,a7 not later than #g days after receiving the meeting request4 7#c7 ,notification ,upon receipt of a request for a meeting under this subsection1 the ,secretary of the ,interior shall notify the heads of all relevant ,federal agencies of the request1 including the project to be reviewed and the date for the meeting4 7#d7 ,decision ,not later than #aj days after the date on which a meeting is requested under paragraph 7#b71 the head of the relevant ,federal agency shall issue a final decision on the project4 7#e7 ,meeting convened by ,secretary ,the ,secretary of the ,interior may convene a final project decision meeting under this subsection at any time1 at the discretion of the ,secretary1 regardless of whether a meeting is requested under paragraph 7#b74 #e4 ,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 ,state1 the head of each applicable ,federal agency shall1 in carrying out this ,act1 consult with the ,council on ,environmental ,quality in accordance with section #aejf4aa of title #dj1 ,code of ,federal ,regulations 7including successor regulations7 to develop alternative arrangements to comply with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 during the emergency4 #f4 ,state revolving funds 7a7 ,in general ,the ,administrator of the ,environmental ,protection ,agency1 in allocating amounts for each of the fiscal years during which the emergency drought declaration of the ,state is in force to ,state water pollution control revolving funds established under title ,,vi of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acha et seq47 and the ,state drinking water treatment revolving loan funds established under section #adeb of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab71 shall1 for those projects that are eligible to receive assistance under section #fjc of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #achc7 or section #adeb7;a77#b7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7;a77#b771 respectively1 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-- 7#a7 require the ,state to review and prioritize funding for such projects2 7#b7 issue a determination of waivers within #cj days of the conclusion of the informal public comment period pursuant to section #dcf7;c7 of title ,,iv of division ,g of ,public ,law #aac-gf2 and 7#c7 authorize1 at the request of the ,state1 #dj-year financing for assistance under section #fjc7;d77#b7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #achc7;d77#b77 or section #adeb7;f77#b7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7;f77#b774 7b7 ,effect of section ,nothing in this section authorizes the ,administrator of the ,environmental ,protection ,agency to modify any funding allocation1 funding criteria1 or other requirement relating to ,state water pollution control revolving funds established under title ,,vi of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acha et seq47 and the ,state drinking water treatment revolving loan funds established under section #adeb of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7 for any other ,state4 #g4 ,effect on ,state laws ,nothing in this ,act preempts any ,state law in effect on the date of enactment of this ,act1 including area of origin and other water rights protections4 #h4 ,termination of authorities ,the authorities under section #d7;a71 paragraphs 7#a7 through 7#f7 of section #d7;c71 paragraphs 7#h7 and 7#i7 of section #d7;c71 paragraphs 7#aa7 through 7#ac7 of section #d7;c71 section #e1 and section #f permanently expire on the date on which the ,governor of the ,state suspends the state of drought emergency declaration4 ,passed the ,senate ,may #bb1 #bjad4,secretary