H.R. 4239 — To provide drought assistance to the State of California and other affected western States.

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4239 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 4239

  To provide drought assistance to the State of California and other 
                        affected western States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 13, 2014

    Mr. Huffman (for himself, Mr. George Miller of California, Mr. 
 Garamendi, Mr. DeFazio, Mr. Thompson of California, Mrs. Napolitano, 
Mr. McNerney, Ms. Matsui, Ms. Eshoo, Mr. Farr, Ms. Speier, Mr. Bera of 
 California, Mr. Vargas, Mr. Lowenthal, Mr. Peters of California, Mr. 
 Swalwell of California, and Mr. Cartwright) introduced the following 
bill; which was referred to the Committee on Natural Resources, and in 
 addition to the Committees on Transportation and Infrastructure, the 
  Budget, Agriculture, Energy and Commerce, and the Judiciary, 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 provide drought assistance to the State of California and other 
                        affected western States.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. FINDINGS.

    Congress finds the following:
            (1) As established in the Proclamation of a State of 
        Emergency issued by the Governor of the State of California on 
        January 17, 2014, California is experiencing record dry 
        conditions. Extremely dry conditions have persisted since 2012, 
        2014 is projected to become the driest year on record, and such 
        dry conditions are likely to persist beyond this year and more 
        regularly into the future.
            (2) The water supplies of the State of California 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.
            (3) The 2014 drought constitutes a serious emergency posing 
        immediate and severe risks to human life and safety and to the 
        environment throughout northern, central, and southern 
        California.
            (4) Federal law and implementing regulations directly 
        authorize expedited decisionmaking procedures and environmental 
        and public review procedures to enable timely and appropriate 
        implementation of actions to respond to this type and severity 
        of emergency.
            (5) The emergency requires an immediate and credible 
        response that respects State, local, and tribal law. That the 
        policies that respond to the drought should not pit region 
        against region, or stakeholders against one another.
            (6) It is the policy of the United States to respect 
        California's coequal goals, established by the Delta Reform Act 
        of 2009, of providing a more reliable water supply for 
        California and protecting, restoring, and enhancing the Delta 
        ecosystem. These coequal goals shall be achieved in a manner 
        that protects and enhances the unique cultural, recreational, 
        natural resource, and agricultural values of the Delta as an 
        evolving place.

SEC. 2. DEFINITIONS.

    In this Act:
            (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, and any other State where the Governor declares a 
        State of drought emergency in calendar year 2014.
            (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.

SEC. 3. 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 consistent with existing law, including among other things 
applicable laws and regulations, water quality standards, biological 
opinions, and court orders.
    (b) Mandate.--In carrying out subsection (a), the applicable agency 
heads described in that subsection shall, consistent with existing law, 
including among other things applicable laws and regulations, water 
quality standards, biological opinions, and court orders--
            (1) authorize and implement actions to provide for real 
        time operations of the Delta Cross Channel Gates, with 
        operations determined by the California State Water Resources 
        Control Board, National Marine Fisheries Service, and 
        California Department of Fish and Wildlife to provide water 
        supply, water quality, and ecosystem benefits for the duration 
        of the State's drought emergency declaration;
            (2) 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;
            (3) implement turbidity monitoring and control strategies 
        that may allow for increased water deliveries while avoiding 
        potential jeopardy to adult delta smelt (Hypomesus 
        transpacificus) due to entrainment at Central Valley Project 
        and State Water Project pumping plants;
            (4) implement the San Joaquin River inflow to export ratio 
        called for in the biological opinion issued by the National 
        Marine Fisheries Service on June 4, 2009, including the drought 
        provisions of that biological opinion. If inflows from the San 
        Joaquin River as measured at Vernalis fall below the level that 
        would permit exports to meet public health and safety needs, 
        exports may exceed the ratio, consistent with the biological 
        opinion;
            (5) 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;
            (6) 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;
            (7) 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 ground water resources of 
                suitable water quality, which activities may be 
                accomplished by using funding made available under 
                section 4 of this Act or the Water Assistance Program 
                of the WaterSMART program of the Department of the 
                Interior;
                    (B) make a quantity of Central Valley Project 
                surface water obtained from the measures implemented 
                under subparagraph (A) available to Central Valley 
                Project contractors; and
                    (C) to assist in meeting incremental Level 4 needs 
                of CVP refuges, purchase water from willing sellers 
                using funding made available under section 4 of this 
                Act or the Water Assistance Program or the WaterSMART 
                program of the Department of the Interior;
            (8) 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 public health and safety needs;
                    (B) to reduce water demand on irrigated lands;
                    (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;
            (9) require the Commissioner of Reclamation, in conjunction 
        with the chief of the Natural Resources Conservation Service, 
        to identify projects in the State that do not need Federal or 
        State permitting which can maximize water use efficiencies, 
        prioritized by the cost effectiveness of the efficiencies 
        gained, to inform the funding provided under subsection 
        (3)(b)(10);
            (10) for reserve works only, authorize any 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 agricultural or 
        municipal water service contractor during each fiscal year the 
        State emergency drought declaration is in force, to be repaid 
        to the Federal Government over a period of not less than 3 
        years at the project interest rate, notwithstanding section 106 
        of Public Law 99-546 (100 Stat. 3052);
            (11) issue proposed rules to update stormwater regulations 
        for urban (municipal) and suburban runoff sources, including 
        strong green infrastructure-based requirements for retention of 
        stormwater runoff;
            (12) approve petitions requesting the EPA to use its 
        residual designation authority to require commercial, 
        industrial, and institutional land uses to control runoff that 
        contributes pollution to rivers, lakes, and beaches;
            (13) issue guidance on use of rainwater capture, including 
        technical guidance on treatment needs and options for different 
        end uses, to better promote use of rainwater capture and on-
        site reuse; and
            (14) implement authorized proposals to upgrade or replace 
        hydropower turbines that improve cold water fish habitat at 
        Central Valley Project facilities.
    (c) Other Agencies.--To the extent that they have any role in 
approving projects to increase water supply projects under subsections 
(a) and (b), the provisions of this section shall apply to all other 
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 to provide additional water supplies pursuant to 
        subsections (a) and (b), consistent with existing law, 
        including among other things applicable laws and regulations, 
        water quality standards, biological opinions, court orders, and 
        section 7 of this Act.
            (2) Request for resolution.--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.
            (3) Decision.--
                    (A) The Secretary of the Interior shall hold a 
                meeting requested under this subsection within 7 days 
                of receiving the meeting request; and
                    (B) the head of the relevant Federal agency shall 
                issue a final decision on the project within 10 days of 
                the meeting request.
            (4) 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.
            (5) Convention 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).
    (e) Termination of Authority.--The authority under this section 
expires on the date on which the Governor of the State suspends the 
state of drought emergency declaration or the end of 2016, whichever is 
earlier.

SEC. 4. EMERGENCY APPROPRIATIONS.

    (a) Appropriation.--There is hereby appropriated for fiscal year 
2014, out of any money in the Treasury not otherwise appropriated, a 
total amount of $255,000,000, to remain available until the end of the 
period during which the State's emergency drought designation is in 
effect, to be allocated among the following purposes:
            (1) For ``Department of the Interior--Bureau of 
        Reclamation--Water and Related Resources'' for eligible 
        projects within the State, on a priority and expedited basis, 
        that--
                    (A) create drought-tolerant water supplies by 
                implementing water reclamation and reuse projects 
                authorized under title XVI of Public Law 102-575; and
                    (B) optimize and conserve water supplies through 
                the WaterSMART program, including--
                            (i) by replacing water consuming products 
                        or functions with waterless devices or 
                        technologies that perform the same function; 
                        and
                            (ii) by installing districtwide or on-farm 
                        water efficiency and conservation technologies, 
                        including behavioral water efficiency, system 
                        modernizations including leak repair and SCADA 
                        systems, and other technologies that have been 
                        proven to provide improvements in water use 
                        efficiency through the verification of a third 
                        party; and
                            (iii) water efficiency projects for managed 
                        wetlands to improve water conveyance 
                        infrastructure, level ponds to reduce the 
                        amount of water required to flood them, or 
                        install water recirculation systems.
            (2) For assistance under the Reclamation States Emergency 
        Drought Relief Act of 1991 (43 U.S.C. 2201 et seq.) and any 
        other applicable Federal law (including regulations) for the 
        optimization and conservation of water supplies to assist 
        drought-plagued areas of the West. Such assistance may 
        include--
                    (A) the installation of ground water wells as 
                requested by the managers of wildlife refuges;
                    (B) the purchase or assistance in the purchase of 
                water from willing sellers;
                    (C) conservation projects providing water supply 
                benefits in the short term and reducing demand in the 
                long term;
                    (D) exchanges with any water districts willing to 
                provide water to meet other districts' emergency water 
                needs in return for the future delivery of equivalent 
                amounts of water in the same year or in future years;
                    (E) maintenance of cover crops to prevent public 
                health impacts from severe dust storms;
                    (F) emergency pumping projects for critical health 
                and safety purposes;
                    (G) the use of new or innovative water on-farm 
                conservation technologies or methods that may assist in 
                sustaining permanent crops in areas with severe water 
                shortages;
                    (H) technical assistance to improve existing 
                irrigation practices to provide water supply benefits; 
                and
                    (I) activities to mitigate the impacts of the 
                drought and this Act on threatened and endangered fish 
                and wildlife.
            (3) For ``Department of Agriculture--Rural Utilities 
        Service--Rural Water and Waste Disposal Program Account'', not 
        less than $5,000,000 for the cost of direct and guaranteed 
        loans and grants for the rural water, wastewater, and waste 
        disposal programs authorized by sections 306 and 310B or 
        described in section 381E(d)(2) of the Consolidated Farm and 
        Rural Development Act within the State.
            (4) For ``Environmental Protection Agency--State and Tribal 
        Assistance Grants''--
                    (A) not less than $30,000,000 for capitalization 
                grants for the Clean Water State Revolving Funds under 
                title VI of the Federal Water Pollution Control Act (33 
                U.S.C. 1381 et seq.) within the State; and
                    (B) not less than $15,000,000 for capitalization 
                grants for the Drinking Water State Revolving Funds 
                under section 1452 of the Safe Drinking Water Act (42 
                U.S.C. 300j-12) within the State.
            (5) For ``Department of Justice--Drug Enforcement 
        Administration'', not less than $3,000,000 for the Domestic 
        Cannabis Eradication and Suppression Program to assist State or 
        local law enforcement agencies in the suppression of cannabis 
        operations that are conducted on public lands or that 
        intentionally trespass on the property of another that also 
        divert, redirect, obstruct, drain, or impound water supply.
            (6) For ``Land and Water Conservation Fund'', not less than 
        $50,000,000 shall be provided to the Department of the Interior 
        and U.S. Forest Service for the implementation of projects 
        under the Land and Water Conservation Fund Act of 1965 in 
        drought-affected States that reduce fire risk, improve water 
        quality or downstream water quantity, or expand ground water 
        recharge capacity.
    (b) Emergency Designation.--The amount under this section is 
designated by Congress as being for emergency requirements pursuant to 
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit 
Control Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)).

SEC. 5. DROUGHT PLANNING ASSISTANCE.

    (a) In General.--The Secretary of Agriculture, acting through the 
Natural Resources Conservation Service, shall provide water supply 
planning assistance in preparation for and in response to dry, 
critically dry, and below normal water year types to any water agency 
in the State who has requested it.
    (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) installation of districtwide or on-farm water 
        efficiency and conservation technologies, including behavioral 
        water efficiency, system modernizations including leak repair 
        and SCADA systems, and other technologies that have been proven 
        to provide improvements in water use efficiency through the 
        verification of a third party;
            (7) technical assistance regarding emergency provision of 
        water supplies for critical health and safety purposes; and
            (8) 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, the Central Coast, the Klamath River Basin, and 
                the Trinity River Basin.

SEC. 6. FISHERIES DISASTER DECLARATION.

    (a) In General.--The Secretary of Commerce shall treat the 
Proclamation of a State Emergency and associated Executive order issued 
by the Governor of California on January 17, 2014, as a request for the 
Secretary to determine under sections 312(a) and 315 of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1861a(a) and 
1864) that there is a commercial fisheries failure and catastrophic 
regional fishery disaster, respectively, for fisheries that originate 
in the State of California.
    (b) Sense of Congress.--It is the sense of the Congress that if the 
drought conditions continue as projected and negatively impact the 
fisheries originating in the State of California, and the communities 
and industries that depend on them, then the Secretary--
            (1) should look favorably upon such request; and
            (2) should immediately propose regulations to provide 
        disaster assistance, funds, and other assistance under, and 
        otherwise implement, such sections with respect to such 
        request, to ensure timely relief for impacted parties.

SEC. 7. 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, if necessary, 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. 8. 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. 9. FORECASTED.

    (a) Short Title.--This section may be cited as the ``Fixing 
Operations of Reservoirs to Encompass Climatic and Atmospheric Science 
Trends for Emergency Droughts Act'' or the ``FORECASTED Act''.
    (b) Review of Reservoir Operations.--
            (1) In general.--Except as specified in subsection (c), not 
        later than 1 year after a request of a non-Federal sponsor of a 
        reservoir, the Secretary of the Army, in consultation with the 
        Administrator of the National Oceanic and Atmospheric 
        Administration (NOAA), shall review its operation, including 
        the water control manual and rule curves, using improved 
        weather forecasts and run-off forecasting methods, including 
        the Advanced Hydrologic Prediction System of the National 
        Weather Service and the Hydrometeorology Testbed program of 
        NOAA.
            (2) Description of benefits.--In conducting the review 
        under subsection (a), the Secretary shall determine if a change 
        in operations, including the use of improved weather forecasts 
        and run-off forecasting methods, will improve one or more of 
        the core functions of the Army Corps of Engineers, including--
                    (A) reducing risks to human life, public safety, 
                and property;
                    (B) reducing the need for future disaster relief;
                    (C) improving local water storage capability and 
                reliability in coordination with the non-Federal 
                sponsor and other water users;
                    (D) restoring, protecting, or mitigating the 
                impacts of a water resources development project on the 
                environment; or
                    (E) improving fish species habitat or population 
                within the boundaries and downstream of a water 
                resources project.
            (3) Results reported.--Not later than 90 days after 
        completion of the review under this section, the Secretary 
        shall submit a report to Congress regarding the results of such 
        review.
            (4) Manual update.--As expeditiously as practicable and not 
        later than 3 years after submission of the report under 
        subsection (c), and pursuant to the procedures required under 
        existing authorities, if the Secretary determines from the 
        results of the review that using improved weather and run-off 
        forecasting methods improves one or more core functions of the 
        Army Corps of Engineers at a reservoir, the Secretary shall 
        incorporate such changes in its operation and update the water 
        control manual.
    (c) Emergency Projects.--
            (1) In general.--Upon the declaration by the Governor of a 
        State declaring a drought emergency, the Secretary of the Army 
        in implementing this Act shall use no more than 90 days in 
        complying with all provisions of this Act, including subsection 
        (b)(1) and subsection (b)(4), and shall make use of the 
        emergency provisions of the Council on Environmental Quality 
        guidelines under part 1506.11 of title 40 of the Code of 
        Federal Regulations in complying with the National 
        Environmental Policy Act to minimize time spent in 
        environmental reviews to the greatest extent possible in order 
        to deliver water quickly that is necessary to address emergency 
        drought conditions.
            (2) Termination of authority.--Authority under this 
        subsection shall terminate on the date on which the Governor of 
        the State referred to in subsection (a) suspends the drought 
        emergency declaration.

SEC. 10. COMPLIANCE WITH STATE LAW REGARDING GROUND WATER MONITORING 
              AND AGRICULTURAL WATER MANAGEMENT PLANNING.

    (a) Ground Water Monitoring.--None of the funds made available in 
this Act to any water program within the State of California may be 
made available to an entity if such entity is not in compliance with 
the provisions of the State of California's Statewide Groundwater 
Elevation Monitoring program authorized by SBX7-6, enacted in November 
2009.
    (b) Agricultural Water Management Planning.--None of the funds made 
available in this Act to any water program within the State of 
California may be made available to any Central Valley Project 
irrigation contractor if such entity does not meet agricultural water 
management planning requirements established by SBX7-7, enacted in 
November 2009.

SEC. 11. 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 remain available until the end of the period during which 
        the State's emergency drought designation is in effect, 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, Honeybees, 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, honeybees, and farm-raised fish under 
section 531(e) of the Federal Crop Insurance Act (7 U.S.C. 1531(e)) for 
each fiscal year during the period in which the State's emergency 
drought designation is in effect, 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, to remain available until the 
        end of the period during which the State's emergency drought 
        designation is in effect, 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 remain available until the end 
                of the period during which the State's emergency 
                drought designation is in effect, 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 the 
        end of the period during which the State's emergency drought 
        designation is in effect, 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 remain 
        available until the end of the period during which the State's 
        emergency drought designation is in effect, 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, to remain 
        available until the end of the period during which the State's 
        emergency drought designation is in effect, 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.

SEC. 12. ILLEGAL WATER DIVERSION FOR MARIJUANA CULTIVATION.

    (a) Determination.--Not later than 90 days after the date of 
enactment of this Act, the Director of the Office of National Drug 
Control Policy, in collaboration with the Secretary of the Interior and 
the Administrator of the Environmental Protection Agency, shall 
determine the amount of water diverted for marijuana cultivation in 
each of the high intensity drug trafficking areas (as designated under 
section 707 of the Office of National Drug Control Policy 
Reauthorization Act of 1998 (21 U.S.C. 1706)) within the State of 
California.
    (b) Environmental Protection Agency Requirement.--Using existing 
funds, the Administrator of the Environmental Protection Agency shall 
assign 1 additional member of the Criminal Investigation Division of 
the Environmental Protection Agency to each of the 3 high intensity 
drug trafficking areas determined under subsection (a) to have the 
largest amount of water diverted for marijuana cultivation within the 
State of California.

SEC. 13. EFFECT ON STATE LAWS.

    Nothing in this Act preempts any State law, including area of 
origin and other water rights protections.

SEC. 14. EFFECT ON NATIVE WATER AND FISHING RIGHTS.

    Nothing in this Act is intended to in any way diminish the water, 
fishing, or other rights of Indian tribes as confirmed by treaty, 
Executive order, water rights settlement, or other judicial, 
administrative, or legislative authority, or to diminish the 
obligations of the Secretary of the Interior on behalf of the United 
States to assert and protect such rights.

SEC. 15. 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.''.

SEC. 16. 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.''.

SEC. 17. DROUGHT PREPAREDNESS FOR FISHERIES.

    (a) Salmon Drought Plan.--Not later than January 1, 2016, the 
United States Fish and Wildlife Service shall, in consultation with the 
National Marine Fisheries Service, the Bureau of Reclamation, the Army 
Corps of Engineers, and the California Department of Fish and Wildlife, 
prepare a California salmon drought plan. The plan shall investigate 
options to protect salmon populations originating in the State of 
California, contribute to the recovery of populations listed under the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), and contribute 
to the goals of the Central Valley Project Improvement Act (Public Law 
102-575). The plan shall focus on actions that can aid salmon 
populations during the driest years. Strategies investigated shall 
include--
            (1) relocating the release location and timing of hatchery 
        fish to avoid predation and temperature impacts;
            (2) barging of hatchery release fish to improve survival 
        and reduce straying;
            (3) coordinating with water users, the Bureau of 
        Reclamation, and the California Department of Water Resources 
        regarding voluntary water transfers, to determine if water 
        released upstream to meet the needs of downstream or South-of-
        Delta water users can be managed in a way that provides 
        additional benefits for salmon;
            (4) hatchery management modifications, such as expanding 
        hatchery production of listed fish during the driest years, if 
        appropriate; and
            (5) increasing rescue operations of upstream migrating 
        fish.
    (b) Appropriation.--There is hereby appropriated for fiscal year 
2014, out of any funds in the Treasury not otherwise appropriated, a 
total amount of $3,000,000, to remain available until the end of the 
period during which the State's emergency drought designation is in 
effect, for the United States Fish and Wildlife Service for urgent 
fish, stream, and hatchery activities related to extreme drought 
conditions, including work with the National Marine Fisheries Service, 
the Bureau of Reclamation, the Army Corps of Engineers, the California 
Department of Fish and Wildlife, or a qualified tribal government.
    (c) Qualified Tribal Government Definition.--For the purposes of 
this section, the term ``qualified tribal government'' means any 
government of an Indian tribe that the Secretary of the Interior 
determines--
            (1) is involved in salmon management and recovery 
        activities under the Endangered Species Act of 1973 (16 U.S.C. 
        1531 et seq.); and
            (2) has the management and organizational capability to 
        maximize the benefits of assistance provided under this 
        section.

SEC. 18. WATER STORAGE-INTEGRATED REGIONAL WATER MANAGEMENT, 
              RECLAMATION, AND RECYCLING PROJECTS.

    Subtitle F of title IX of the Omnibus Public Land Management Act of 
2009 (42 U.S.C. 10361 et seq.) is amended by adding at the end the 
following:

``SEC. 9511. WATER STORAGE-INTEGRATED REGIONAL WATER MANAGEMENT, 
              RECLAMATION, AND RECYCLING PROJECTS.

    ``(a) In General.--The Secretary is authorized to enter into cost-
shared financial assistance agreements with non-Federal entities in 
Reclamation States and Hawaii for the planning, design, and 
construction of permanent water storage and conveyance facilities used 
solely to regulate and maximize water supplies arising from projects 
deemed eligible for assistance under this Act or authorized under any 
other provision of law to--
            ``(1) recycle impaired surface water and ground water; or
            ``(2) use integrated and coordinated water management on a 
        watershed or regional scale.
    ``(b) Priority.--In providing financial assistance under this 
section, the Secretary shall give priority to storage and conveyance 
components that--
            ``(1) ensure the efficient and beneficial use of water or 
        reuse of the recycled water;
            ``(2) consistent with Secretarial Order No. 3297 issued by 
        the Secretary of the Interior on February 22, 2010, support--
                    ``(A) sustainable water management practices; and
                    ``(B) the water sustainability objectives of one or 
                more bureaus of the Department of the Interior or other 
                Federal agencies, including the Department of 
                Agriculture, the Department of Commerce, the Department 
                of Energy, and the Environmental Protection Agency;
            ``(3) increase the availability of usable water supplies in 
        a watershed or region to benefit people, the economy, and the 
        environment and include adaptive measures needed to address 
        climate change and future demands;
            ``(4) where practicable, provide flood control or 
        recreation benefits and include the development of incremental 
        hydroelectric power generation;
            ``(5) include partnerships that go beyond political and 
        institutional jurisdictions to support the efficient use of the 
        limited water resources of a region and the Nation; and
            ``(6) generate environmental benefits, such as benefits to 
        fisheries, wildlife, wildlife habitats, and water quality, 
        water-dependent ecological systems, and water supply benefits 
        to agricultural and urban water users.
    ``(c) Federal Cost Share.--The Federal share of the cost of a 
project authorized in subsection (a) shall be the lesser of 50 percent 
of total costs or $15,000,000 (adjusted for inflation) and shall be 
nonreimbursable.
    ``(d) In-Kind Contributions.--The non-Federal share of the cost of 
a project authorized in subsection (a) may include `in-kind' 
contributions to the planning, design, and construction of a project.
    ``(e) Title; Operation and Maintenance Costs.--The non-Federal 
entity entering into such financial assistance agreements shall hold 
title to any and all facilities constructed under this section, and 
shall be solely responsible for the costs of operating and maintaining 
such facilities.''.

SEC. 19. EMERGENCY PLANNING.

    (a) Catastrophic Drought Plan.--Not later than 120 days after the 
enactment of this Act, the President shall update the National Response 
Plan and the National Disaster Recovery Framework to include a plan for 
catastrophic drought that calls on the capabilities of all applicable 
Federal agencies and departments including the pre-positioning of 
Federal resources to provide emergency clean water supplies.
    (b) Definitions.--For the purposes of this section--
            (1) the term ``National Response Plan'' means the National 
        Response Plan or any successor plan prepared under section 
        502(a)(6) of the Homeland Security Act of 2002; and
            (2) the term ``National Disaster Recovery Framework'' means 
        the National Disaster Recovery Framework or any successor 
        document prepared under section 682 of the Post-Katrina 
        Emergency Management Reform Act of 2006.

SEC. 20. TERMINATION OF AUTHORITIES.

    The authorities under sections 3, 4, 7, 8, and 12 expire on the 
date on which the Governor of the State suspends the state of drought 
emergency declaration or the end of 2016, whichever is earlier.
                                 <all>
To provide drought assistance to the State of California and other affected western States.

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