Sec. 4. Emergency drought operations

482 words·~2 min read·/bill/118/s/4172/is/section-4·

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In this section, the term covered project means any of the following: A project of the Corps of Engineers. A project for which the Secretary develops a water control manual under section 7 of the Act of December 22, 1944 (commonly known as the Flood Control Act of 1944 ) (58 Stat. 890, chapter 665; 33 U.S.C. 709 ). Consistent with other authorized project purposes, with respect to the operation of a covered project during a drought or long-term drought conditions in the project area, the covered project shall be operated with water supply and water conservation as the primary project purposes. The operation of a covered project in accordance with paragraph

(1)shall be carried out in coordination with the applicable non-Federal interest or Federal agency, to the extent practicable. In carrying out this section, the Secretary, in consultation with the applicable non-Federal interest or Federal agency, to the extent practicable, shall update the water control manual for a covered project to include drought operations and contingency plans. In carrying out subsection (b), the Secretary shall ensure that— operations described in that subsection— are consistent with water management deviations and drought contingency plans in the water control manual for the covered project; impact only the flood pool managed by the Secretary; and are not being carried out in the event of a forecast or anticipated flood or weather event that would require the flood risk management mission to take precedence; to the extent practicable, the Secretary uses forecast-informed reservoir operations; and the covered project returns to operation with original authorized project purposes, at a time determined by the Secretary. Notwithstanding any other provision of law, the Secretary may receive and expend funds contributed by a non-Federal interest or a Federal agency to carry out activities under this section. The Secretary, to the maximum extent practicable, shall coordinate with State and local authorities and relevant Federal agencies in carrying out this section. Nothing in this section preempts or affects— water rights and water supply agreements; any State water law; any interstate compact governing water; or any obligation to comply with the provisions of any Federal or State environmental law, including— the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ); and the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ). Section 5(a) of the Act of August 18, 1941 (commonly known as the Flood Control Act of 1941 ) (55 Stat. 650, chapter 377; 33 U.S.C. 701n(a) ), is amended by adding at the end the following: Of the amounts made available for each fiscal year to carry out this subsection, not less than $5,000,000 for each of fiscal years 2024 through 2034 shall be used to carry out section 4 of the Drought Resilient Infrastructure Act of 2024 . .

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