Text: H.R.1668 — 114th Congress (2015-2016)All Information (Except Text)

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Introduced in House (03/26/2015)


114th CONGRESS
1st Session
H. R. 1668


To amend the Endangered Species Act of 1973 to provide for suspension of application of the Act to water releases by Federal and State agencies in river basins that are affected by drought, and for other purposes.


IN THE HOUSE OF REPRESENTATIVES

March 26, 2015

Mr. McClintock introduced the following bill; which was referred to the Committee on Natural Resources


A BILL

To amend the Endangered Species Act of 1973 to provide for suspension of application of the Act to water releases by Federal and State agencies in river basins that are affected by 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 “Save Our Water Act”.

SEC. 2. Suspension of Endangered Species Act of 1973 for water management actions in areas affected by drought.

Section 10 of the Endangered Species Act of 1973 (16 U.S.C. 1539) is amended by adding at the end the following:

“(k) Suspension of application with respect to certain Federal and State agencies during periods of drought.—

“(1) SUSPENSION.—The application of this Act with respect to water releases from water storage facilities by Federal and State agencies in a navigable river basin in a State is suspended during each period in which there is in effect a drought in that basin.

“(2) PERIOD OF SUSPENSION.—A suspension under paragraph (1)—

“(A) begins on the date on which—

“(i) the Secretary of the Army, acting through the Chief of Engineers, or the Secretary of the Interior determines that there is a drought in effect in such river basin that the U.S. Drought Monitor categorizes as D2 (Severe Drought), D3 (Extreme Drought), or D4 (Exceptional Drought) conditions; or

“(ii) the Governor of the State (or the Governor’s designee) determines that there is a drought in effect in such river basin; and

“(B) ends on the date on which—

“(i) in the case of a suspension that begins under subparagraph (A)(i), the Secretary that made the determination referred to in that subparagraph determines that the drought is no longer in effect; or

“(ii) in the case of a suspension that begins under subparagraph (A)(ii), the Governor determines that the drought is no longer in effect.

“(3) PROHIBITION OF ENFORCEMENT BY STATE.—

“(A) PROHIBITION.—Except as provided in subparagraph (B), a State may not enforce the requirements of this Act with respect to any area of the State with respect to which a suspension under paragraph (1) applies.

“(B) ENFORCEMENT OF STATE LAW NOT AFFECTED.—Subparagraph (A) does not affect the authority of a State to carry out and enforce the laws of the State.

“(4) EXCEPTED WATER RELEASES.—This subsection does not prohibit any release of water from a water storage facility for purposes of this Act by the Secretary of the Army, the Secretary of the Interior, or a State if such Secretary or the Governor of such State, respectively, certifies that—

“(A) such release will not cause harm to the local, regional, State, or Federal economy; and

“(B) no water conservation measures will be required to be taken by any water users as a result of such release.

“(5) U.S. DROUGHT MONITOR DEFINED.—In this subsection the term ‘U.S. Drought Monitor’ means such Monitor jointly produced by the National Drought Mitigation Center at the University of Nebraska-Lincoln, the Department of Agriculture, and the National Oceanic and Atmospheric Administration.”.