Sec. 401. Modifications to drought program under the Reclamation States Emergency Drought Relief Act of 1991
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Section 101 of the Reclamation States Emergency Drought Relief Act of 1991 ( 43 U.S.C. 2211 ) is amended— in subsection (a)— in the first sentence, by striking Consistent and inserting the following: Subject to paragraph
(2)and consistent ; in paragraph
(1)(as so designated), in the second sentence, by striking Any construction activities and inserting the following: Any construction activities ; and in paragraph
(2)(as so designated), by striking except that and all that follows through the period at the end and inserting the following: except that the following may be permanent facilities: A construction project— for which Federal expenditures are not more than $30,000,000; and that is supported by— the Governor or the relevant agency head of the affected State; or if the construction project is on a reservation, by the affected Indian Tribe. A well drilled to minimize losses and damages from drought conditions that— aligns with applicable local, State, or regional groundwater sustainability goals; or supports drinking water supplies for a disadvantaged community (as defined in section 2 of the Support To Rehydrate the Environment, Agriculture, and Municipalities Act ) or Indian Tribe. ; and by adding at the end the following: For any fiscal year for which, due to a drought, as determined by the Secretary, there are insufficient funds to carry out any environmental program that is funded in whole or in part by fees based on the water volume of water delivered by a Federal reclamation project (including fees collected under section 3407(c) of the Reclamation Projects Authorization and Adjustment Act of 1992 ( Public Law 102–575 ; 106 Stat. 4726)), the Secretary may use other unobligated amounts made available to the Secretary to carry out the environmental program for the fiscal year. Notwithstanding any other provision of law, amounts made available under paragraph
(1)shall be nonreimbursable. Nothing in this subsection affects— the authority of the Secretary to address insufficient funding for an environmental program described in paragraph
(1)that is not a result of a drought; or the obligations of the Secretary to the environment under Federal law. . Section 104 of the Reclamation States Emergency Drought Relief Act of 1991 ( 43 U.S.C. 2214 ) is amended— by striking subsection
(a)and inserting the following: The programs and authorities established under this title shall not become operative in any Reclamation State or in the State of Hawaii until the date on which— the Governor of the affected State, and the governing body of the affected Indian Tribe with respect to a reservation, has made a request for temporary drought assistance; and the Secretary has determined that the temporary assistance is merited; a drought emergency has been declared for a State or portion of a State by the Governor of each affected State; or a drought contingency plan is approved in accordance with title II. ; and in subsection (c), by striking 2021 and inserting 2031 . Section 9504(a)(3) of the Omnibus Public Land Management Act of 2009 ( 42 U.S.C. 10364(a)(3) ) is amended by adding at the end the following: A grant or agreement entered into by the Secretary with any eligible applicant under paragraph
(1)to drill a groundwater well for municipal supply to minimize losses and damages from drought conditions, including construction activities to transport or otherwise convey groundwater pumped from the well, shall not contribute to an increase in the net water use of the eligible applicant beyond the period of any drought emergency, except if— the groundwater well is for the purpose of supplying drinking water for a disadvantaged community (as defined in section 2 of the Support To Rehydrate the Environment, Agriculture, and Municipalities Act ) or Indian Tribe; or the new groundwater use is partially offset by aquatic habitat enhancement— during the drought period; or over the long-term, including a future drought period. For purposes of amounts made available to carry out this section under paragraph
(7)of section 40901 of the Infrastructure Investment and Jobs Act ( 43 U.S.C. 3201 ) for each of fiscal years 2025 and 2026, projects or activities eligible for funding under that paragraph may include a combination of proposed planning activities, actions, or projects within a basin, with the maximum amount of the combined activities not to exceed the maximum amount established under subparagraph (E)(iii). .
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- Pub. L. 102-575
- 106 Stat. 4726
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Sec. 401
Modifications to drought program under the Reclamation States Emergency Drought Relief Act of 1991
Pub. L.Pub. L. 102-575
Stat.106 Stat. 4726
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