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August 14, 2017
Drought Response and Preparedness: Policy and Legislation
In recent years, large areas of the United States have been
Federal Drought Assistance
subject to drought (see Figure 1). Congress and other
Coordination of federal drought research and monitoring
policymakers are confronted with how to monitor and
occurs largely through the National Oceanic and
prepare for droughts and reduce their economic and
Atmospheric Administration’s (NOAA’s) National
environmental consequences. At issue in selecting drought-
Integrated Drought Information System (NIDIS) program,
related actions and determining responsibilities is who
authorized in 2006 (P.L. 109-430) and 2016 (P.L. 113-86).
bears the costs of drought impacts, disaster response, and
Pursuant to congressional direction, NIDIS integrates
long-term adjustments to changes in water conditions and
drought research and builds forecasting and assessment
temperatures. Drought response and preparedness are
capacity to help provide an “early warning system” for
shaped by state and local actions, federal drought
drought. NIDIS is authorized to receive appropriations
assistance, and federal dam operations, among other factors.
through FY2018.
Figure 1. Drought in the United States, 2000-2017
Most federal financial aid for drought assists agriculture
(percentage of lower 48 states with abnormally dry or
and rural water supplies. Under the 2014 farm bill (P.L.
drought conditions)
113-79), nearly all segments of the farm sector are covered
by either federal crop insurance or a disaster program
administered by the U.S. Department of Agriculture
(USDA). (See CRS Report RS21212, Agricultural Disaster
Assistance.) Both of these programs can assist farmers
during a drought. For example, Livestock Forage Program
payments to producers are triggered by a county’s drought-
intensity level, as published in the U.S. Drought Monitor, a
weekly map of drought conditions created by multiple
entities and led by NOAA through NIDIS. Other USDA
conservation programs (discussed in CRS Report R40763,
Source: U.S. Drought Monitor.
Agricultural Conservation: A Guide to Programs) also may
assist with drought preparedness.
State and Local Drought Preparedness
The federal government generally defers to state primacy in
Federal authorities for emergency community water
surface and groundwater allocation. States and local entities
supplies exist but are limited in scope and funding. Some
also typically lead efforts to prepare for drought. As of mid-
federal agencies have programs to promote water
2017, all but two states had drought plans or were
efficiency, which may reduce demand for water during
developing such plans. Although most plans center on
droughts. These include water-efficient product labeling by
reacting to drought conditions, 13 state plans incorporate
the Environmental Protection Agency (EPA) and water-
efforts to reduce drought vulnerabilities. Some states and
efficiency grants for certain nonfederal entities by the
communities have invested in reducing water demand and
Bureau of Reclamation (Reclamation). However, state and
expanding drought-resilient supplies (e.g., reuse/recycling
local entities retain most of the authority and resources for
of wastewater, desalination, and groundwater recharge and
influencing municipal and industrial (M&I) water use.
management). California, Idaho, and Arizona are among the
states that have facilitated water banks and markets for
Timely information, such as the U.S. Drought Monitor,
water transfers. Community-level drought plans are less
relies on federal investment in remote observations (e.g.,
widespread than state plans, except in states that require or
satellites), surface observations and monitoring (e.g.,
support local drought planning, such as Texas.
streamgages, soil moisture and precipitation
measurements), complex models, and dissemination and
Research shows that, although most U.S. cities are
research through NIDIS. Improved monitoring technologies
relatively drought resilient, some are vulnerable because of
and better modeling have resulted in a better understanding
factors such as low water storage per capita, water sources
of drought frequency, intensity, and duration due to climate
that are shared with other cities or large users, or arid
and weather conditions, but more precise long-term
locations. Among cities regularly identified as being at risk
assessments remain difficult to formulate.
of water supply challenges are Atlanta, GA; El Paso, TX;
Drought and Federal Dam Operations
Lincoln, NE; Los Angeles, CA; Miami, FL; San Antonio,
TX; and Salt Lake City, UT. Some of these cities are
Reservoirs and dams operated by Reclamation and the U.S.
leaders in new water supply development and demand
Army Corps of Engineers (Corps) store water for irrigation
management.
and for M&I uses, among other purposes. The Water
Supply Act of 1958 (72 Stat. 320; 43 U.S.C. §390b) states
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Drought Response and Preparedness: Policy and Legislation
that Congress recognizes “the primary responsibilities of
infrastructure or critical water supplies—can have
the States and local interests in developing water supplies
cascading impacts.
for domestic, municipal, industrial, and other purposes” and
that the federal government should participate and
Federal Legislation: Recent Actions and Proposals
cooperate in developing these supplies at federal flood-
Drought and water supply issues, particularly in California,
control, navigation, and irrigation projects. For several of
prompted legislative proposals in recent Congresses to
the more than 1,000 federal dams and related infrastructure,
address drought. Some of these proposals were enacted,
drought operations can be contentious. These federal dams
including Subtitle J of P.L. 114-322, which, among other
often serve multiple sectors that depend on river flows.
things, expanded Reclamation’s support for water storage
Dam operations also must comply with federal laws aimed
projects to include certain nonfederal projects and made
at protecting species and other environmental factors.
changes to its operations of the California Central Valley
Operational challenges have increased as water demand has
Project in times of drought. Congress provided the Corps
grown, creating conflicts among water users. There is also
with authorities to assess its reservoir operations during
interest in determining whether operations of existing
drought and to expand water-conservation opportunities at
infrastructure can be changed to capture more water for use
its projects (P.L. 113-121 and Title I of P.L. 114-322).
during dry months or for releases to facilitate downstream
Congress also expanded EPA loan and loan-guarantee
activities, such as aquifer recharge. For multipurpose
opportunities and eligibility for water supply systems under
reservoirs, a policy challenge is identifying opportunities
those bills. Appropriations decisions in the 115th Congress
that provide drought-resilience benefits while also
may determine the extent to which federal agencies are able
considering the effect that such changes may have on flood
to implement many of the enacted provisions.
control, hydropower, and aquatic ecosystems.
Bills introduced in the 115th Congress would address water
Status of Federal Drought Response
operations at Reclamation facilities and federal approval of
A widespread drought in 2012 in the contiguous United
nonfederal water storage facilities on federal lands (e.g.,
States resulted in the activation of a national drought-
H.R. 23; see CRS Report R44889, H.R. 23, the Gaining
resilience framework. In 2013, the Obama Administration
Responsibility on Water Act of 2017 (GROW Act)). Other
assembled a National Drought Resilience Partnership
bills would authorize federal activities related to alternative
(NDRP). The partnership aimed to coordinate federal
supplies (e.g., H.R. 2799 authorizing assistance to
drought policies, facilitate access to drought assistance, and
wastewater reuse projects) or water conservation or
improve information sharing to help with drought
efficiency efforts (e.g., WaterSense provisions in S. 1460).
preparedness. In 2016, the Obama Administration issued a
memorandum listing six goals for drought resilience and
Drought Policy: Next Steps?
formalizing the NDRP. It also issued a Long-Term Drought
At issue is the adequacy of current efforts to mitigate the
Resilience Federal Action Plan. The Trump Administration
impacts of drought conditions. Some may question the
has not addressed the status of these actions.
effectiveness of federal programs (including coordination
efforts such as NIDIS and NDRP or drought-assistance
The Federal Emergency Management Agency (FEMA) and
programs) in addressing drought and promoting drought
the Department of Homeland Security have been involved
resilience. Others may question the preparedness of federal
in interagency drought efforts but generally have not played
facilities (e.g., dams, lands, military bases) and emergency-
leadership roles. Requests since the 1980s that the President
response entities to drought. Similarly, the adequacy of, and
declare a drought disaster or emergency under the Robert T.
accountability for, state and local drought-planning and
Stafford Disaster Relief and Emergency Assistance Act (42
resilience efforts is another potential focus of discussion.
U.S.C. 5121 et seq.) have been denied, generally in
Additional issues involve the costs and benefits of state and
deference to USDA authorities. A major declaration that a
local drought planning, federal assistance in augmenting
drought has overwhelmed state or local resources would
water supplies, and construction of new or expanded water
trigger federal aid beyond agricultural disaster assistance.
storage projects, including groundwater recharge.
The economic cost of a disaster is often seen as a measure
The specter of multiyear or multi-decadal disruptive
of its significance and an indicator of the level of policy
droughts (sometimes called megadroughts) or of a change
response and attention provided, but there is no standard,
in drought frequency or the intensity of short-term droughts
widely accepted methodology used by the federal
raises questions about how to use limited federal resources
government to capture a drought’s national impact.
to efficiently and effectively prepare for and respond to
Accounting for agricultural impacts—such as the effect of
drought. For instance, what contingency planning and
regional crop loss on the nation’s food supply or the costs
emergency simulation efforts have been performed to gauge
and benefits associated with federal agriculture programs—
local, state, and federal drought disaster-response
is not straightforward. Identifying and quantifying
preparedness? More fundamentally, what is the appropriate
nonagricultural impacts would require broad assessments of
federal role? Might anticipated infrastructure investment
drought effects that typically have not been conducted (e.g.,
initiatives include or prioritize proposals that may foster
impacts on rangelands, wildfire, navigation, tourism,
drought resilience and preparedness?
recreation, utilities, industrial operations, species,
environmental quality, and public health). Some droughts—
Nicole T. Carter, Specialist in Natural Resources Policy
especially multiyear droughts or those affecting critical
Charles V. Stern, Specialist in Natural Resources Policy
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Drought Response and Preparedness: Policy and Legislation
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