California Emergency Drought Relief Act of 2014 - Requires the Administrator of the Environmental Protection Agency (EPA), the Secretary of Commerce, and the Secretary of the Interior (Secretaries), in response to the declaration of a state of drought emergency in California, to provide the maximum quantity of water supplies possible to Central Valley Project (CVP) and Klamath Project agricultural, municipal and industrial, and refuge service and repayment contractors, State Water Project contractors, and any other locality or municipality in California by approving, consistent with applicable laws: (1) any project or operations to provide additional water supplies if there is any possible way 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.
Sets forth actions to be taken to increase water supply, including: (1) ensuring that the Delta Cross Channel Gates remain open to the greatest extent possible, (2) requiring the Director of the National Marine Fisheries Service to recommend revisions to operations of the CVP and the California State Water Project, (3) adopt a 1:1 inflow to export ratio for the increased flow of the San Joaquin River, (4) require the Director and the Commissioner of the Bureau of Reclamation to complete all requirements under the National Environmental Policy Act of 1969 (NEPA) and the Endangered Species Act of 1973 necessary to make final permit decisions on water transfer requests, and (5) make WaterSMART grant funding administered by the Bureau of Reclamation available for eligible projects on a priority and expedited basis.
Authorizes financial assistance under the Reclamation States Emergency Drought Relief Act of 1991 for projects to increase water supply.
Requires federal agency heads to consult with the Council on Environmental Quality to develop alternative arrangements to comply with NEPA.
Directs the EPA to prioritize projects under state water pollution control revolving funds to provide water to areas at risk of having an inadequate supply of water for public health and safety purposes.
Requires the Commissioner of Reclamation to provide water supply planning assistance in preparation for and in response to dry, critically dry, and below normal water year types, upon request, to CVP or Klamath Project contractors or other reclamation project contractors in California, including contractors who possess contracts for refuge water supplies or who deliver refuge water supplies.
Reauthorizes: (1) the Calfed Bay-Delta Act, (2) the Reclamation States Emergency Drought Relief Act of 1991, and (3) the Secure Water Act.
Amends the Klamath Basin Water Supply Enhancement Act of 2000 to authorize the Secretary of the Interior to take actions to reduce water consumption or demand or to restore ecosystems in the Klamath Basin watershed, including tribal fishery resources held in trust.
Directs the Secretary of the Treasury to transfer to the Secretary of Agriculture emergency supplemental appropriations to provide: (1) drought assistance to agricultural producers and for mitigation activities related to drought and wildfire hazards, (2) emergency community water assistance grants to address impacts of drought, and (3) grants to assist low-income migrant and seasonal farm workers affected by drought and for forest restoration.
Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to expand federal emergency assistance to provide for disaster unemployment, emergency nutrition, and crisis counseling assistance.
Designates this Act as an emergency requirement for budgetary purposes.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2016 Introduced in Senate (IS)]
113th CONGRESS
2d Session
S. 2016
To direct the Secretary of the Interior, the Secretary of Commerce, and
the Administrator of the Environmental Protection Agency to take
actions to provide additional water supplies and disaster assistance to
the State of California due to drought, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 11, 2014
Mrs. Feinstein (for herself, Mrs. Boxer, Mr. Wyden, and Mr. Merkley)
introduced the following bill; which was read twice and referred to the
Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To direct the Secretary of the Interior, the Secretary of Commerce, and
the Administrator of the Environmental Protection Agency to take
actions to provide additional water supplies and disaster assistance to
the State of California due to drought, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``California Emergency Drought Relief
Act of 2014''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act are as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--CALIFORNIA EMERGENCY DROUGHT RELIEF
Sec. 101. Findings.
Sec. 102. Definitions.
Sec. 103. Emergency projects.
Sec. 104. Emergency funding.
Sec. 105. Emergency environmental reviews.
Sec. 106. State revolving funds.
Sec. 107. Drought planning assistance.
Sec. 108. Calfed Bay-Delta Act reauthorization.
Sec. 109. Reclamation States Emergency Drought Relief Act
reauthorization.
Sec. 110. Secure Water Act reauthorization.
Sec. 111. Effect on State laws.
Sec. 112. Klamath Basin water supply.
Sec. 113. Termination of authorities.
TITLE II--EMERGENCY SUPPLEMENTAL AGRICULTURE DISASTER APPROPRIATIONS
Sec. 201. Emergency supplemental agriculture disaster appropriations.
TITLE III--FEDERAL DISASTER ASSISTANCE
Sec. 301. Treatment of drought under the Robert T. Stafford Disaster
Relief and Emergency Assistance Act.
TITLE IV--EMERGENCY DESIGNATIONS
Sec. 401. Emergency designations.
TITLE I--CALIFORNIA EMERGENCY DROUGHT RELIEF
SEC. 101. FINDINGS.
Congress finds that--
(1) as established in the Proclamation of a State of
Emergency issued by the Governor of the State on January 17,
2014, the State is experiencing record dry conditions;
(2) extremely dry conditions have persisted in the State
since 2012, and the current drought conditions are likely to
persist into the future;
(3) the water supplies of the State are at record-low
levels, as indicated by a statewide average snowpack of 12
percent of the normal average for winter as of February 1,
2014, and the fact that all major Central Valley Project
reservoir levels are below 50 percent of the capacity of the
reservoirs as of the date of enactment of this Act;
(4) the 2013-2014 drought constitutes a serious emergency
posing immediate and severe risks to human life and safety and
to the environment throughout the State;
(5) the emergency requires--
(A) immediate and credible action that respects the
complexity of the State of California's water system
and its importance to the entire State; and
(B) policies that do not pit stakeholders against
one another, which history has shown only leads to
costly litigation that benefits no one and prevents any
real solutions;
(6) Federal law (including regulations) directly authorizes
expedited decisionmaking procedures and environmental and
public review procedures to enable timely and appropriate
implementation of actions to respond to such a type and
severity of emergency; and
(7) the serious emergency posed by the 2013-2014 drought in
the State fully satisfies the conditions necessary for the
exercise of emergency decisionmaking, analytical, and public
review requirements under--
(A) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.);
(B) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.);
(C) water control management procedures of the
Corps of Engineers described in section 222.5 of title
33, Code of Federal Regulations (including successor
regulations); and
(D) the Reclamation States Emergency Drought Relief
Act of 1991 (Public Law 102-250; 106 Stat. 53).
SEC. 102. DEFINITIONS.
In this title:
(1) Central valley project.--The term ``Central Valley
Project'' has the meaning given the term in section 3403 of the
Central Valley Project Improvement Act (106 Stat. 4707).
(2) Klamath project.--The term ``Klamath Project'' means
the Bureau of Reclamation project in the States of California
and Oregon--
(A) as authorized under the Act of June 17, 1902
(32 Stat. 388, chapter 1093); and
(B) as described in--
(i) title II of the Oregon Resource
Conservation Act of 1996 (Public Law 104-208;
110 Stat. 3009-532); and
(ii) the Klamath Basin Water Supply
Enhancement Act of 2000 (Public Law 106-498;
114 Stat. 2221).
(3) Reclamation project.--The term ``Reclamation Project''
means a project constructed pursuant to the authorities of the
reclamation laws and whose facilities are wholly or partially
located in the State.
(4) Reserved works.--The term ``reserved works'' means
Bureau of Reclamation-owned project facilities for which the
operations and maintenance are performed by employees of the
Bureau of Reclamation or by contract, regardless of funding
source.
(5) Secretaries.--The term ``Secretaries'' means--
(A) the Administrator of the Environmental
Protection Agency;
(B) the Secretary of Commerce; and
(C) the Secretary of the Interior.
(6) State.--The term ``State'' means the State of
California.
(7) State water project.--The term ``State Water Project''
means the water project described by California Water Code
section 11550 et seq., and operated by the California
Department of Water Resources.
SEC. 103. EMERGENCY PROJECTS.
(a) In General.--In response to the declaration of a state of
drought emergency by the Governor of the State, the Secretaries shall
provide the maximum quantity of water supplies possible to Central
Valley Project and Klamath Project agricultural, municipal and
industrial, and refuge service and repayment contractors, State Water
Project contractors, and any other locality or municipality in the
State, by approving, consistent with applicable laws (including
regulations)--
(1) any project or operations to provide additional water
supplies if there is any possible way whatsoever that the
Secretaries can do so unless the project or operations
constitute a highly inefficient way of providing additional
water supplies; and
(2) any projects or operations as quickly as possible based
on available information to address the emergency conditions.
(b) Mandate.--In carrying out subsection (a), the applicable agency
heads described in that subsection shall, consistent with applicable
laws (including regulations)--
(1) authorize and implement actions to ensure that the
Delta Cross Channel Gates shall remain open to the greatest
extent possible, timed to maximize the peak flood tide period
and provide water supply and water quality benefits for the
duration of the State's drought emergency declaration,
consistent with operational criteria and monitoring criteria
developed pursuant to the California State Water Resources
Control Board's Order Approving a Temporary Urgency Change in
License and Permit Terms in Response to Drought Conditions,
effective January 31, 2014, or a successor order;
(2)(A) collect data associated with the operation of the
Delta Cross Channel Gates described in paragraph (1) and its
impact on species listed as threatened or endangered under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), water
quality, and water supply; and
(B) after assessing the data described in subparagraph (A),
require the Director of the National Marine Fisheries Service
to recommend revisions to operations of the Central Valley
Project and the California State Water Project, including, if
appropriate, the reasonable and prudent alternatives contained
in the biological opinion issued by the National Marine
Fisheries Service on June 4, 2009, that are likely to produce
fishery, water quality, and water supply benefits;
(3)(A) implement turbidity control strategies that allow
for increased water deliveries while avoiding jeopardy to adult
delta smelt (Hypomesus transpacificus) due to entrainment at
Central Valley Project and State Water Project pumping plants;
and
(B) manage reverse flow in Old and Middle Rivers as
prescribed by the biological opinion issued by the United
States Fish and Wildlife Service and dated December 15, 2008,
to minimize water supply reductions for the Central Valley
Project and the State Water Project;
(4) adopt a 1:1 inflow to export ratio for the increased
flow of the San Joaquin River, as measured as a 3-day running
average at Vernalis during the period from April 1 through May
31, resulting from voluntary transfers and exchanges of water
supplies, among other purposes;
(5) issue all necessary permit decisions under the
authority of the Secretaries within 30 days of receiving a
completed application by the State to place and use temporary
barriers or operable gates in Delta channels to improve water
quantity and quality for State Water Project and Central Valley
Project South of Delta water contractors and other water users,
which barriers or gates should provide benefits for species
protection and in-Delta water user water quality and shall be
designed such that formal consultations under section 7 of the
Endangered Species Act of 1973 (16 U.S.C. 1536) would not be
necessary;
(6)(A) require the Director of the United States Fish and
Wildlife Service and the Commissioner of the Bureau of
Reclamation to complete all requirements under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.)
necessary to make final permit decisions on water transfer
requests associated with voluntarily fallowing nonpermanent
crops in the State, within 30 days of receiving such a request;
and
(B) require the Director of the United States Fish and
Wildlife Service to allow any water transfer request associated
with fallowing to maximize the quantity of water supplies
available for nonhabitat uses as long as the fallowing and
associated water transfer are in compliance with applicable
Federal laws (including regulations);
(7) allow North of Delta water service contractors with
unused 2013 Central Valley Project contract supplies to take
delivery of those unused supplies through April 15, 2014, if--
(A) the contractor requests the extension; and
(B) the requesting contractor certifies that,
without the extension, the contractor would have
insufficient supplies to adequately meet water delivery
obligations;
(8) maintain all rescheduled water supplies held in the San
Luis Reservoir and Millerton Reservoir for all water users for
delivery in the immediately following contract water year
unless precluded by reservoir storage capacity limitations;
(9) to the maximum extent possible based on the
availability of water and without causing land subsidence--
(A) meet the contract water supply needs of Central
Valley Project refuges through the improvement or
installation of wells to use groundwater resources and
the purchase of water from willing sellers, which
activities may be accomplished by using funding made
available under section 104 or the Water Assistance
Program or the WaterSMART program of the Department of
the Interior; and
(B) make a quantity of Central Valley Project
surface water obtained from the measures implemented
under subparagraph (A) available to Central Valley
Project contractors;
(10) make WaterSMART grant funding administered by the
Bureau of Reclamation available for eligible projects within
the State on a priority and expedited basis--
(A) to provide emergency drinking and municipal
water supplies to localities in a quantity necessary to
meet minimum public health and safety needs;
(B) to prevent the loss of permanent crops;
(C) to minimize economic losses resulting from
drought conditions; and
(D) to provide innovative water conservation tools
and technology for agriculture and urban water use that
can have immediate water supply benefits;
(11) implement offsite upstream projects in the Delta and
upstream Sacramento River and San Joaquin basins, in
coordination with the California Department of Water Resources
and the California Department of Fish and Wildlife, that offset
the effects on species listed as threatened or endangered under
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) due
to actions taken under this Act;
(12) for reserved works only, authorize annual operation
and maintenance deficits, owed to the Federal Government and
incurred due to delivery of contract water supplies to a
Central Valley Project or Klamath Project water contractor
during each fiscal year the State emergency drought declaration
is in force, to accrue without interest for a period of 5 years
and then to be repaid, notwithstanding section 106 of Public
Law 99-546 (100 Stat. 3052), to the Federal Government over a
period of not more than 10 years at the lesser of--
(A) the project interest rate; and
(B) the rate specified in section 106 of Public Law
99-546 (100 Stat. 3052); and
(13) use all available scientific tools to identify and
implement any changes to real-time operations of Bureau of
Reclamation, State, and local water projects that could result
in the availability of additional water supplies.
(c) Other Agencies.--To the extent that a Federal agency other than
agencies headed by the Secretaries has a role in approving projects
described in subsections (a) and (b), the provisions of this section
shall apply to those Federal agencies.
(d) Accelerated Project Decision and Elevation.--
(1) In general.--Upon the request of the State, the heads
of Federal agencies shall use the expedited procedures under
this subsection to make final decisions relating to a Federal
project or operation to provide additional water supplies or
address emergency drought conditions pursuant to subsections
(a) and (b).
(2) Request for resolution.--
(A) In general.--Upon the request of the State, the
head of an agency referred to in subsection (a), or the
head of another Federal agency responsible for carrying
out a review of a project, as applicable, the Secretary
of the Interior shall convene a final project decision
meeting with the heads of all relevant Federal agencies
to decide whether to approve a project to provide
emergency water supplies.
(B) Meeting.--The Secretary of the Interior shall
convene a meeting requested under subparagraph (A) not
later than 7 days after receiving the meeting request.
(3) Notification.--Upon receipt of a request for a meeting
under this subsection, the Secretary of the Interior shall
notify the heads of all relevant Federal agencies of the
request, including the project to be reviewed and the date for
the meeting.
(4) Decision.--Not later than 10 days after the date on
which a meeting is requested under paragraph (2), the head of
the relevant Federal agency shall issue a final decision on the
project.
(5) Meeting convened by secretary.--The Secretary may
convene a final project decision meeting under this subsection
at any time, at the discretion of the Secretary, regardless of
whether a meeting is requested under paragraph (2).
SEC. 104. EMERGENCY FUNDING.
(a) Financial Assistance.--
(1) In general.--Financial assistance may be made available
under the Reclamation States Emergency Drought Relief Act of
1991 (43 U.S.C. 2201 et seq.), subtitle F of title IX of the
Omnibus Public Land Management Act of 2009 (42 U.S.C. 10361 et
seq.) (commonly known as the ``Secure Water Act of 2009''), and
any other applicable Federal law (including regulations), to be
divided among each applicable program at the discretion of the
Secretary for the optimization and conservation of Reclamation
Project water supplies to assist drought-plagued areas of the
State and the West.
(2) Additional availability.--Financial assistance may be
made available under this section to organizations and
entities, including tribal governments, that are engaged in
collaborative processes to restore the environment while
settling water rights claims that are part of an active water
rights adjudication or a broader settlement of claims that are
part of a basin-wide solution for restoration.
(b) Types of Assistance.--Assistance under subsection (a) shall
include a range of projects, including--
(1) the installation of pumps, temporary barriers, or
operable gates for water diversion and fish protection;
(2) the installation of groundwater wells in wildlife
refuges and other areas;
(3) the purchase or assistance in the purchase of water
from willing sellers;
(4) conservation projects providing water supply benefits
in the short-term;
(5) exchanges with any water district willing to provide
water to meet the emergency water needs of other water
districts in return for the delivery of equivalent quantities
of water later that year or in future years;
(6) maintenance of cover crops to prevent public health
impacts from severe dust storms;
(7) emergency pumping projects for critical health and
safety purposes;
(8) activities to reduce water demand consistent with a
comprehensive program for environmental restoration and
settlement of water rights claims;
(9) the use of new or innovative water on-farm water
conservation technologies or methods that may assist in
sustaining permanent crops in areas with severe water
shortages;
(10) technical assistance to improve existing irrigation
practices to provide water supply benefits in the short-term;
and
(11) any other assistance the Secretary determines to be
necessary to increase available water supplies or mitigate
drought impacts.
(c) Funding.--There is appropriated, out of funds of the Treasury
not otherwise appropriated, $100,000,000 to the Secretary of the
Interior and the Secretary of Commerce to carry out this section.
SEC. 105. EMERGENCY ENVIRONMENTAL REVIEWS.
To minimize the time spent carrying out environmental reviews and
to deliver water quickly that is needed to address emergency drought
conditions in the State, the head of each applicable Federal agency
shall, in carrying out this Act, consult with the Council on
Environmental Quality in accordance with section 1506.11 of title 40,
Code of Federal Regulations (including successor regulations) to
develop alternative arrangements to comply with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) during the
emergency.
SEC. 106. STATE REVOLVING FUNDS.
The Administrator of the Environmental Protection Agency, in
allocating amounts for each of the fiscal years during which the
State's emergency drought declaration is in force to State water
pollution control revolving funds established under title VI of the
Federal Water Pollution Control Act (33 U.S.C. 1381 et seq.) and the
State drinking water treatment revolving loan funds established under
section 1452 of the Safe Drinking Water Act (42 U.S.C. 300j-12), shall,
for those projects that are eligible to receive assistance under
section 603 of the Federal Water Pollution Control Act (33 U.S.C. 1383)
or section 1452(a)(2) of the Safe Drinking Water Act (42 U.S.C. 300j-
12(a)(2)), respectively, that the State determines will provide
additional water supplies most expeditiously to areas that are at risk
of having an inadequate supply of water for public health and safety
purposes or to improve resiliency to drought--
(1) require the State to review and prioritize funding for
such projects;
(2) issue a determination of waivers within 30 days of the
conclusion of the informal public comment period pursuant to
section 436(c) of title IV of division G of Public Law 113-76;
and
(3) authorize, at the request of the State, 40-year
financing for assistance under section 603(d)(2) of the Federal
Water Pollution Control Act (33 U.S.C. 1383(d)(2)) or section
1452(f)(2) of the Safe Drinking Water Act (42 U.S.C. 300j-
12(f)(2)).
SEC. 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.
SEC. 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''.
SEC. 109. RECLAMATION STATES EMERGENCY DROUGHT RELIEF ACT
REAUTHORIZATION.
Section 301 of the Reclamation States Emergency Drought Relief Act
of 1991 (43 U.S.C. 2241) is amended--
(1) by striking ``$90,000,000'' and inserting
``$190,000,000''; and
(2) by striking ``2012'' and inserting ``2017''.
SEC. 110. SECURE WATER ACT REAUTHORIZATION.
Section 9504 of Public Law 111-11 (42 U.S.C. 10364) is amended--
(1) in subsection (a)(3)(E), by adding at the end the
following:
``(v) Authority of commissioner.--The
Commissioner of Reclamation may, at the
discretion of the Commissioner--
``(I) waive any cost-share
requirements to address emergency
situations; and
``(II) prioritize projects based on
the ability of the projects to
expeditiously yield water supply
benefits during periods of drought.'';
and
(2) in subsection (e), by striking ``$200,000,000'' and
inserting ``$250,000,000''.
SEC. 111. EFFECT ON STATE LAWS.
Nothing in this Act preempts any State law in effect on the date of
enactment of this Act, including area of origin and other water rights
protections.
SEC. 112. KLAMATH BASIN WATER SUPPLY.
The Klamath Basin Water Supply Enhancement Act of 2000 (Public Law
106-498; 114 Stat. 2221) is amended--
(1) by redesignating sections 4 through 6 as sections 5
through 7, respectively; and
(2) by inserting after section 3 the following:
``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. 113. TERMINATION OF AUTHORITIES.
The authorities under sections 103, 104, 105, and 106 expire on the
date on which the Governor of the State suspends the state of drought
emergency declaration.
TITLE II--EMERGENCY SUPPLEMENTAL AGRICULTURE DISASTER APPROPRIATIONS
SEC. 201. EMERGENCY SUPPLEMENTAL AGRICULTURE DISASTER APPROPRIATIONS.
(a) Funding.--
(1) In general.--Notwithstanding any other provision of
law, as soon as practicable after the date of enactment of this
Act, out of any funds in the Treasury not otherwise
appropriated, the Secretary of the Treasury shall transfer to
the Secretary of Agriculture (referred to in this section as
the ``Secretary'') for the emergency conservation program
established under title IV of the Agricultural Credit Act of
1978 (16 U.S.C. 2201 et seq.) and the emergency watershed
protection program established under section 403 of the
Agricultural Credit Act of 1978 (16 U.S.C. 2203) $100,000,000,
to be divided among each applicable program as the Secretary
determines to be appropriate--
(A) to provide to agricultural producers and other
eligible entities affected by the 2014 drought
assistance upon declaration of a natural disaster under
section 321(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1961(a)) or for the same
purposes for counties that are contiguous to a
designated natural disaster area; and
(B) to carry out any other activities the Secretary
determines necessary as a result of the 2014 drought,
such as activities relating to wildfire damage.
(2) Receipt and acceptance.--The Secretary shall be
entitled to receive, shall accept, and shall use to carry out
this subsection the funds transferred under paragraph (1),
without further appropriation.
(b) Emergency Assistance Program for Livestock, Honey Bees, and
Farm-Raised Fish.--Notwithstanding any other applicable limitations
under law, the Secretary shall use such sums as are necessary of the
funds of the Commodity Credit Corporation to carry out the emergency
assistance program for livestock, honey bees, and farm-raised fish
under section 531(e) of the Federal Crop Insurance Act (7 U.S.C.
1531(e)) for fiscal year 2014 to provide assistance to agricultural
producers for losses due to drought.
(c) FEMA Predisaster Hazard Mitigation Grants.--
(1) In general.--Notwithstanding any other provision of
law, as soon as practicable after the date of enactment of this
Act, out of any funds in the Treasury not otherwise
appropriated, the Secretary of the Treasury shall transfer to
the Administrator of the Federal Emergency Management Agency
$25,000,000 for fiscal year 2014 for mitigation activities
related to drought and wildfire hazards.
(2) Receipt and acceptance.--The Administrator of the
Federal Emergency Management Agency shall be entitled to
receive, shall accept, and shall use to carry out this
subsection the funds transferred under paragraph (1), without
further appropriation.
(d) Emergency Community Water Assistance Grants.--
(1) In general.--Notwithstanding any other provision of
law--
(A) as soon as practicable after the date of
enactment of this Act, out of any funds in the Treasury
not otherwise appropriated, the Secretary of the
Treasury shall transfer to the Secretary $25,000,000
for fiscal year 2014 to provide emergency community
water assistance grants under section 306A of the
Consolidated Farm and Rural Development Act (7 U.S.C.
1926a) to address impacts of drought;
(B) the maximum amount of a grant provided under
subparagraph (A) for fiscal year 2014 shall be
$1,000,000; and
(C) for fiscal year 2014, a community whose
population is less than 50,000 shall be eligible for a
grant under this paragraph.
(2) Receipt and acceptance.--The Secretary shall be
entitled to receive, shall accept, and shall use to carry out
this subsection the funds transferred under paragraph (1),
without further appropriation.
(e) Office of the Inspector General.--
(1) In general.--Notwithstanding any other provision of
law, as soon as practicable after the date of enactment of this
Act, out of any funds in the Treasury not otherwise
appropriated, the Secretary of the Treasury shall transfer to
the Inspector General of the Department of Agriculture
$2,000,000 for fiscal year 2014, to remain available until
expended, for oversight of activities carried out by the
Department relating to drought.
(2) Receipt and acceptance.--The Inspector General of the
Department of Agriculture shall be entitled to receive, shall
accept, and shall use to carry out this subsection the funds
transferred under paragraph (1), without further appropriation.
(f) Emergency Grants To Assist Low-Income Migrant and Seasonal
Farmworkers.--
(1) In general.--Notwithstanding any other provision of
law, as soon as practicable after the date of enactment of this
Act, out of any funds in the Treasury not otherwise
appropriated, the Secretary of the Treasury shall transfer to
the Secretary $25,000,000 for fiscal year 2014 to provide
emergency grants to assist low-income migrant and seasonal
farmworkers under section 2281 of the Food, Agriculture,
Conservation, and Trade Act of 1990 (42 U.S.C. 5177a) to
address impacts of drought upon declaration of a natural
disaster under section 321(a) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1961(a)) or for the same
purposes in counties that are contiguous to a designated
natural disaster area.
(2) Receipt and acceptance.--The Secretary shall be
entitled to receive, shall accept, and shall use to carry out
this subsection the funds transferred under paragraph (1),
without further appropriation.
(g) Emergency Forest Restoration Program.--
(1) In general.--Notwithstanding any other provision of
law, as soon as practicable after the date of enactment of this
Act, out of any funds in the Treasury not otherwise
appropriated, the Secretary of the Treasury shall transfer to
the Secretary $25,000,000 for fiscal year 2014 for the
Emergency Forest Restoration Program under section 407 of the
Agricultural Credit Act of 1978 (16 U.S.C. 2206) to address
impacts of drought or wildfire upon declaration of a natural
disaster under section 321(a) of the Consolidated Farm and
Rural Development Act (7 U.S.C. 1961(a)) or for the same
purposes in counties that are contiguous to a designated
natural disaster area.
(2) Receipt and acceptance.--The Secretary shall be
entitled to receive, shall accept, and shall use to carry out
this subsection the funds transferred under paragraph (1),
without further appropriation.
TITLE III--FEDERAL DISASTER ASSISTANCE
SEC. 301. TREATMENT OF DROUGHT UNDER THE ROBERT T. STAFFORD DISASTER
RELIEF AND EMERGENCY ASSISTANCE ACT.
(a) Findings.--Congress finds that--
(1) the term ``major disaster'' (as defined in section 102
of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122)) includes drought, yet no
drought in the 30 years preceding the date of enactment of this
Act has been declared by the President to be a major disaster
in any of the States in accordance with section 401 of that Act
(42 U.S.C. 5170);
(2) a major drought shall be eligible to be declared a
major disaster or state of emergency by the President on the
request of the Governor of any State;
(3) droughts are natural disasters that do occur, and while
of a different type of impact, the scale of the impact of a
major drought can be equivalent to other disasters that have
been declared by the President to be a major disaster under the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5121 et seq.); and
(4) droughts have wide-ranging and long-term impacts on
ecosystem health, agriculture production, permanent crops,
forests, waterways, air quality, public health, wildlife,
employment, communities, State and national parks, and other
natural resources of a State and the people of that State that
have significant value.
(b) Amendment.--Section 502(a) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5192(a)) is amended--
(1) in paragraph (7), by striking ``and'';
(2) in paragraph (8), by striking the period at the end and
inserting a semicolon; and
(3) by adding at the end the following:
``(9) provide disaster unemployment assistance in
accordance with section 410;
``(10) provide emergency nutrition assistance in accordance
with section 412; and
``(11) provide crisis counseling assistance in accordance
with section 416.''.
TITLE IV--EMERGENCY DESIGNATIONS
SEC. 401. EMERGENCY DESIGNATIONS.
(a) This Act is designated as an emergency requirement pursuant to
section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (Public Law
111-139; 2 U.S.C. 933(g)).
(b) In the Senate, this Act is designated as an emergency
requirement pursuant to section 403(a) of S. Con. Res. 13 (111th
Congress), the concurrent resolution on the budget for fiscal year
2010.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S891-892)
Read twice and referred to the Committee on Energy and Natural Resources. (text of measure as introduced: CR S893-896)
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