Drought Policy, Response, and Preparedness

Drought Policy, Response, and Preparedness

October 27, 2014
Drought Policy, Response, and Preparedness
Congress and other federal, state, and local policymakers
are considering whether to maintain or alter current drought
States and local entities typically lead drought
policies and programs. At issue are how to prepare for and
preparations. Most federal drought assistance is for
respond to drought; how to coordinate actions and assign
the agricultural economy and rural water supplies.
responsibilities; and who bears the costs of impacts, disaster
response, and long-term adjustment to drought.
Federal assistance for emergency community water supplies
State and Local Roles in Water Supply
is authorized; however, the authorities are limited in scope
or funding, or are infrequently used, as discussed in CRS
The federal government generally defers to state primacy in
Report R43408. Some federal agencies have programs to
surface and groundwater allocation; and states and local
promote water efficiency, which may improve drought
water entities typically lead efforts to prepare for drought.
resilience (e.g., product labeling by the U.S. Environmental
As of late 2014, 44 states had drought plans. Most plans
Protection Agency, Bureau of Reclamation water efficiency
center on actions to take during a crisis. Only 13 plans
grants). However, state and local entities retain most of the
incorporate efforts to reduce vulnerabilities to drought. The
authority and resources for influencing municipal and
reactive nature and inconsistent implementation of many
industrial water use.
state plans raise questions about their current effectiveness
in improving drought resilience. Some states and
Timely drought information, like the U.S. Drought Monitor,
communities also have invested in reducing water demand
relies on federal investments in data from remote
and expanding drought-resilient supplies (e.g., through
observations (e.g., satellites), surface observations (e.g.,
wastewater reuse, desalination, groundwater recharge,
streamgages, and soil moisture and precipitation
groundwater management districts). California, Idaho, and
measurements), and complex models, and on dissemination
Texas also have facilitated water banks and water transfers.
and research through NIDIS. As described in CRS Report
In contrast, community-level drought plans are less
R43407, monitoring and improved technologies have
widespread than state plans, and research indicates that the
resulted in better understanding of drought frequency,
majority of the fastest-growing counties do not integrate
intensity, and duration due to climate and weather
drought into their comprehensive or land use plans.
conditions.
Research shows that most U.S. cities are relatively water-
Federal Facilities and Drought
resilient, but some are vulnerable because of low storage
The Bureau of Reclamation and the U.S. Army Corps of
per capita, sources shared with other cities or large users, or
Engineers store irrigation water and municipal and
location in arid regions. Among cities regularly identified
industrial water on a reimbursable basis at federally owned
as being at risk of supply challenges are Atlanta, GA;
multipurpose dams. The Water Supply Act of 1958 (72
Cleveland, OH; El Paso, TX; Lincoln, NE; Los Angeles,
Stat. 320; 43 U.S.C. §390b) declared that Congress
CA; Miami, FL; San Antonio, TX; and Salt Lake City, UT
recognizes “the primary responsibilities of the States and
(see, e.g., http://soils.ifas.ufl.edu/hydrology/cities/).
local interests in developing water supplies for domestic,
Notably, some of these cities are leaders in new water
municipal, industrial, and other purposes and that the
supply development and demand management.
Federal Government should participate and cooperate” in
Federal Assistance and Operations
developing these supplies at federal flood control,
navigation, and irrigation projects. For the more than 1,000
Most federal drought assistance is for the agricultural
federally owned dams and related infrastructure, operations
economy and rural water supplies. With enactment of the
are at times entangled in arguments over managing limited
2014 farm bill (P.L. 113-79), nearly all segments of the
supplies during drought. These dams often serve multiple
farm sector are covered by either federal crop insurance or a
sectors and groups that are particularly dependent on their
disaster program administered by the U.S. Department of
flow regulation services during drought. Dam operations
Agriculture (USDA), as described in CRS Report RS21212.
also must comply with federal laws (Endangered Species
For example, Livestock Forage Program payments to
Act, Clean Water Act, etc.) aimed at protecting species and
producers are triggered by a county’s drought intensity
other environmental values. Operational challenges have
level as published in the U.S. Drought Monitor. This is a
increased as water demands have grown, creating conflicts
weekly map of drought conditions created by multiple
among water in storage, water delivered under contract or
entities and federally led by the National Oceanic and
settlement, and flows for in-stream purposes (e.g., power
Atmospheric Administration through the National
plant cooling, fishing and recreation industries, water
Integrated Drought Information System (NIDIS). Other
quality, and species needs).
USDA programs, such as conservation programs discussed
in CRS Report R40763, may influence drought adaptation.
www.crs.gov | 7-5700

Drought Policy, Response, and Preparedness
Recent and Ongoing Drought Response
quality, and public health. In 2012, the Centers for Disease
Control and Prevention released guidance for protecting
During the widespread U.S. drought of 2012, the National
public health during drought. It reported drought impacts on
Disaster Response Framework (NDRF) was used by the
water quantity and quality, food and nutrition, living
Secretary of Agriculture to coordinate the federal drought
conditions, and disease incidence. While few droughts are
response. The NDRF is the framework followed to assist
likely to reach the scale or extent to have broad and severe
disaster-affected communities to recover. In November
impacts in all of these areas, droughts—especially multi-
2013, the Obama Administration created the National
year droughts or those affecting critical infrastructure or
Drought Resilience Partnership as part of the President’s
critical water supplies—can have cascading impacts.
Climate Action Plan; the partnership’s aim is to align
federal drought policies and to facilitate access to drought
assistance and information sharing. It has provided a forum
Bil s from the 113th Congress reveal a wide variation
for federal coordination during the 2014 drought response.
in perspectives on federal drought response and
federal efforts to foster nonfederal drought resilience.
The Federal Emergency Management Agency (FEMA) and
the Department of Homeland Security have been involved
in recent interagency drought efforts, but have not played
Policy Questions
leadership roles. Requests since the 1980s that the President
Recent droughts may result in a discussion of principles and
declare a major drought disaster or emergency under the
approaches to guide future federal involvement and
Robert T. Stafford Disaster Relief and Emergency
investment in water resources management. The drought-
Assistance Act, as amended (42 U.S.C. 5121 et seq.), have
related bills of the 113th Congress showed a wide variation
been denied, generally in deference to USDA authorities. A
in the activities supported, the division of responsibilities,
major declaration that a drought has overwhelmed state or
and who might bear the costs and impacts of investments.
local resources would result in federal aid beyond available
agricultural disaster assistance.
At issue is how well current federal and nonfederal efforts
prevent drought incidents from becoming emergencies.
Recent Federal Legislation
This issue raises questions about federal programs, such as
how are federal agricultural programs influencing long-term
The ongoing western U.S. drought, which has particularly
drought resilience and water use (through improvements
affected California and Nevada, contributed to legislative
from federal agricultural research in varieties or production
proposals in the 113th Congress. In addition to NIDIS
techniques, or through crop or water subsidization on
reauthorization (P.L. 113-86) and drought-related
marginal lands), and how prepared are federal facilities
provisions of the 2014 farm bill, Congress enacted
(e.g., federal dams, lands, military bases) and federal
legislation (P.L. 113-121) that authorized the Corps to
emergency response entities and programs. The issue also
assess its reservoir operations during drought and expanded
raises questions about the adequacy of and accountability
EPA loan and loan guarantee opportunities and eligibility
for state and local drought planning and resilience efforts.
for water supply systems, as discussed in CRS Report
Related questions involve the costs and benefits of state and
R43298. Multiple bills in the 113th Congress addressed
local drought planning, expanded federal assistance in
drought operations of Reclamation facilities (e.g., H.R.
augmenting water supplies (e.g., greater reuse of urban
3964, H.R. 4239, S. 2198). Others addressed water
wastewaters and stormwaters), and construction of new or
efficiency, conservation, and alternative supplies (e.g., H.R.
expanded federal water projects.
5363, S. 2771); several would facilitate federal or
nonfederal water storage projects (e.g., H.R. 3980, H.R.
Like other low-risk but high-consequence events, the
5412). Additionally, some bills proposed changes to the
specter of an extended disruptive drought raises questions
Stafford Act (e.g., S. 2016). The majority of these bills
of how to efficiently, effectively, and fairly use limited
consisted of authorizations, with many provisions’
federal resources to prepare and respond to disasters. The
implementation contingent upon appropriations; a few bills
separation of USDA drought assistance from FEMA’s
proposed appropriations to address the western U.S.
federal disaster response during the past 35 years raised
drought (e.g., H.R. 4039, S. 2016).
uncertainties. What would trigger a federal response under
the Stafford Act, and which types of assistance would be
Drought Impacts and Policy
available? What, if any, contingency planning and
emergency simulation efforts have been performed to
Often a disaster’s cost is seen as a measure of its
prepare and coordinate local, state, and federal drought
significance and a signal of the level of policy response and
disaster response efforts? What have these efforts revealed
attention needed. No good methodologies exist to capture a
about which investments, activities, logistical preparations,
drought’s national impact. For example, accounting for
and common operating practices may be most beneficial for
agricultural impacts—such as the effect of regional crop
reducing societal impacts of a persistent disruptive drought?
loss on the national supply and demand for food, or costs
and benefits associated with federal programs—is not
Nicole T. Carter, ncarter@crs.loc.gov, 7-0854
straightforward. Identification and quantification of non-
Betsy A. Cody, bcody@crs.loc.gov, 7-7229
agricultural impacts requires assessments of effects on
rangelands, wildfire, navigation, tourism, recreation,
IF00058
utilities, industrial operations, species, environmental
www.crs.gov | 7-5700

Document Outline

State and Local Roles in Water Supply

Federal Assistance and Operations

Federal Facilities and Drought

Recent and Ongoing Drought Response

Recent Federal Legislation

Drought Impacts and Policy

Policy Questions