S. 2198 — Placed on Calendar (Senate)

II Calendar No. 344 113th CONGRESS 2d Session S. 2198 IN THE SENATE OF THE UNITED STATES April 1, 2014Mrs. Feinstein (for herself, Mrs. Boxer, Mr. Wyden, Mr. Merkley, Mr. Reid, Mr. Heller, Mr. Rockefeller, Mr. Durbin, Ms. Stabenow, and Mr. Casey) introduced the following bill; which was read the first time April 2, 2014Read the second time and placed on the calendar 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 and other Western States due to drought, and for other purposes. 1. Short title This Act may be cited as the 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—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. Colorado River Basin System water. Sec. 112. Effect on State laws. Sec. 113. Klamath Basin water supply. Sec. 114. Termination of authorities. TITLE II—Federal disaster assistance Sec. 201. Treatment of drought under the Robert T. Stafford Disaster Relief and Emergency Assistance Act. I 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 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.); (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) 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. (5) State The term State means the State of California. (6) 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 any WaterSMART grant funding allocated to the State available on a priority and expedited basis for projects in the State that— (A) provide emergency drinking and municipal water supplies to localities in a quantity necessary to meet minimum public health and safety needs; (B) prevent the loss of permanent crops; (C) minimize economic losses resulting from drought conditions; or (D) 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; and (12) 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 eligible water projects 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. 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, 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 (a) In general 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)). (b) Applicability Paragraphs (2) and (3) of subsection (a) shall apply to any other State— (1) that has a State-declared drought declaration in force; or (2) for which a natural disaster has been declared by the Secretary of Agriculture under section 321(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961(a)) for drought or agricultural disaster. (c) Effect of section Nothing in this section authorizes the Administrator of the Environmental Protection Agency to modify any funding allocation, funding criteria, or other requirement relating 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) for any State other than as described in subsections (a) and (b). 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 (a) In general 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 2019. (b) Conforming amendment Section 104(c) of the Reclamation States Emergency Drought Relief Act of 1991 (43 U.S.C. 2214(c)) is amended by striking 2017 and inserting 2019. 110. Secure Water Act reauthorization Section 9504 of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10364) is amended— (1) in subsection (a)— (A) in paragraph (2)(A)— (i) by striking ; and and inserting ; or; (ii) by striking (A) be located within the States and inserting the following: (A) be located within— (i) the States ; and (iii) by adding at the end the following: (ii) the State of Hawaii; and ; and (B) in paragraph (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 $300,000,000. 111. Colorado River Basin System water (a) In general As soon as practicable after the date of enactment of this Act, consistent with the purposes of section 9504 of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10364), the Secretary of the Interior (referred to in this section as the Secretary) shall fund or participate in pilot projects to increase Colorado River System water in Lake Mead and the initial units of Colorado River Storage Project reservoirs, as authorized by the first section of the Act of April 11, 1956 (43 U.S.C. 620), to address the effects of historic drought conditions. (b) Administration Pilot projects under this section shall be funded through— (1) grants by the Secretary to public entities that use water from the Colorado River Basin for municipal purposes, for projects that are implemented by 1 or more non-Federal entities; or (2) grants or other appropriate financial agreements to provide additional funds for renewing or implementing water conservation agreements that are in existence on the date of enactment of this Act. (c) Upper Colorado River Basin Fund Funds in the Upper Colorado River Basin Fund established by section 5 of the Colorado River Storage Project Act (43 U.S.C. 620d) shall not be used to carry out this section. 112. 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. 113. 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 (including tribal fishery resources held in trust) in the Klamath Basin watershed, consistent with collaborative agreements for environmental restoration and settlements of water rights claims. . 114. Termination of authorities (a) Emergency projects The authority under section 103 expires on the date on which the Governor of the State suspends the state of drought emergency declaration. (b) Other authority The authority under sections 104, 105, and 106 shall expire in a State or area on the earlier of— (1) the date on which the emergency drought declaration for the State or area is withdrawn; or (2) the date on which the Secretary of Agriculture suspends the natural disaster declaration issued under section 321(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1961(a)) for drought or an agricultural disaster for the State or area. II Federal disaster assistance 201. 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) Federal emergency assistance 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 after the semicolon at the end; (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 and other assistance in accordance with section 412; and (11) provide crisis counseling assistance in accordance with section 416. . April 2, 2014Read the second time and placed on the calendar