Chapter: Department of Agriculture

Law Title/Statute: Water Management for Rural Areas

Function: Response

Law Description: In rural areas, the Secretary of Agriculture is authorized, directly or in coordination with any other Federal agency, entity, corporation, department, unit of State or local government, cooperative, confederation, individual, public or private organization, Indian tribe, or university, to-- (1) conduct research and demonstration projects; (2) provide technical assistance and extension services; (3) make grants, loans, and loan guarantees; and (4) provide other forms of assistance, for the purpose of helping rural areas make better and more efficient use of water resources and to alleviate problems arising in such areas from droughts or lack of water. Part (b) under activities provides, the Secretary is authorized to provide assistance under this section for the promotion or establishment of irrigation, watersheds, and other water agreement and drought management activities, including water transmission, application, and activation.

Agencies (Primary agency listed first): USDA

Customers Served: Land Grant Universities and the 1890's Schools

How is this law related to drought? This code allows the Department of Agriculture to cooperate with either the Land Grant Universities or the 1890's Universities to assist with drought management activities.

Law Limitations: No data

Unmet needs at federal, state, local, and tribal levels (includes changes from customer or "provider" perspective: No data

U.S. Code Number: 7USC5852

Chapter: Department of Agriculture

Law Title/Statute: Natl Ag Weather Info System

Function: Mitigation,Communication, Monitoring and Prediction

Law Description: The purpose of this section is to establish a weather office in the Department of Agriculture that shall cooperate with the NOAA and make grants, through the CSREES, to promote research in atmospheric sciences and climatology.

Agencies (Primary agency listed first): CSREES, NOAA

Customers Served: People who have a need for information about weather and its causes.

How is this law related to drought? The research that can be conducted can bear directly on the question about what causes a drought.

Law Limitations: No data

Unmet needs at federal, state, local, and tribal levels (includes changes from customer or "provider" perspective: No data

U.S. Code Number: 7USC6702

Chapter: Department of Agriculture

Law Title/Statute: Global Climate Change

Function: Mitigation,Communication

Law Description: The Secretary of Agriculture is directed to study the effects of global climate change on agriculture and forestry. While the main focus of the legislation is to study the effects, there is considerable latitude to conduct research to develop plants that are more drought tolerant, etc. A report was to be turned into the Congress by 1996.

Agencies (Primary agency listed first): ARS

Customers Served: Congress

How is this law related to drought? The study was to include the effects of drought as part of the entire charge. There may still be work going on under this section of code.

Law Limitations: No data

Unmet needs at federal, state, local, and tribal levels (includes changes from customer or "provider" perspective: No data

U.S. Code Number: 7USC7211

Chapter: Department of Agriculture

Law Title/Statute: Production Flexibility Contracts

Function: Response

Law Description: The Secretary of Agriculture may offer to enter into a contract with an eligible owner or producer. If the land, under contract, is being used for production because of a drought, flood or other natural disaster, then the land can be allowed to continue in production. PL 104-180, Title VII, Sec 726, Aug 6, 1996, 110 Stat. 1600 contained the proviso above. The production contracts are called Production Flexibility Contracts.

Agencies (Primary agency listed first): USDA-FSA

Customers Served: Eligible land operators

How is this law related to drought? If land under contract is not producing because of drought, only then can the payment be made.

Law Limitations: No data

Unmet needs at federal, state, local, and tribal levels (includes changes from customer or "provider" perspective: No data

U.S. Code Number: 7USC7333

Chapter: Department of Agriculture

Law Title/Statute: Operation of noninsured crop assistance program

Function: Response

Law Description: This section creates a noninsured crop disaster assistance program. It appears to be very similar to Title 7, Chapter 36, section 1519, except that along with crops not covered under section 1508(b) of that chapter, it also lists the following crops as being specifically included: The term ''eligible crop'' shall include floricultural, ornamental nursery, and Christmas tree crops, turfgrass sod, seed crops, aquaculture (including ornamental fish), and industrial crops.

Agencies (Primary agency listed first): USDA-FSA

Customers Served: Crop producers

How is this law related to drought? This gives the Secretary of Agriculture the authority to establish a noninsured crop insurance program. This code contains requirements that this program will have specific crops in it. One of the obvious problems is this doesn't authorize or provide funding for such a program. There may be other sections of code that need to be examined relative to crop insurance.

Law Limitations: No data

Unmet needs at federal, state, local, and tribal levels (includes changes from customer or "provider" perspective: No data

U.S. Code Number: 7USC7515

Chapter: Department of Agriculture

Law Title/Statute: Emergency Food Assistance

Function: Response

Law Description: The Secretary of Agriculture is allowed to request that States unaffected by drought consider assisting, by transferring emergency food, to States that are affected by drought.

Agencies (Primary agency listed first): USDA-FNS

Customers Served: State surplus food programs

How is this law related to drought? When drought creates more demand for surplus food, the Secretary of Agriculture can move food from States that have it to States that don't.

Law Limitations: No data

Unmet needs at federal, state, local, and tribal levels (includes changes from customer or "provider" perspective: No data

U.S. Code Number: 8USC1254a

Chapter: Justice Department

Law Title/Statute: Immigration, Temporary Protected Status

Function: Response

Law Description: Subsection (b) provides, the Attorney General may find that a foreign state (or a part of a foreign state) has a drought or other disaster, then an alien from that foreign state may be granted temporary protected status in the United States and may grant that alien employment-authorized status for that temporary time.

Agencies (Primary agency listed first): DOJ

Customers Served: Persons from country with drought

How is this law related to drought? The alien's country, with a drought, would have difficulty providing food.

Law Limitations: No data

Unmet needs at federal, state, local, and tribal levels (includes changes from customer or "provider" perspective: No data

U.S. Code Number: 11USC303

Chapter: Department of Agriculture

Law Title/Statute: Commencement of a bankruptcy case

Function: Response

Law Description: As a result of a year of drought, farmers and ranchers are excepted from being subjected to involuntary bankruptcy. This appears to come from PL 95-598, dated Nov 6, 1978, 92 Stat 2559.

Agencies (Primary agency listed first): USDA

Customers Served: All farmers

How is this law related to drought? If drought causes lack of income, then this section of code prohibits creditors from pushing the operator into receivership.

Law Limitations: No data

Unmet needs at federal, state, local, and tribal levels (includes changes from customer or "provider" perspective: No data

U.S. Code Number: 12USC1141b

Chapter: Banks & Banking

Law Title/Statute: Powers of Farm Credit Administration

Function: Response

Law Description: This section repeals the authority of the Farm Credit Administration to make emergency crop production, feed, seed, drought, and rehabilitation loans on Aug 14, 1946, see note set out under sections 1001 to 1005d of Title 7, Agriculture.

Agencies (Primary agency listed first): USDA-FSA

How is this law related to drought? Not sure.

Law Limitations: No data

Unmet needs at federal, state, local, and tribal levels (includes changes from customer or "provider" perspective: No data

U.S. Code Number: 12USC2252

Chapter: Banks & Banking

Law Title/Statute: Farm Credit System

Function: Response

Law Description: PL 100-387, title III, Sec 313, dated Aug 11, 1988, 102 Stat. 950 provides that it is the sense of Congress that the Farm Credit Administration ... should in its oversight of Farm Credit System institutions, with respect to farmers and ranchers who suffer major losses due to drought, hail, excessive moisture, or related condition in 1988 ... exercise forbearance collecting from borrowers, use the Agricultural Credit Act of 1987, or encourage other lenders to participate in mutual loan agreements for the farmers and ranchers. This appears to apply only to 1988.

Agencies (Primary agency listed first): USDA

Customers Served: Farmers affected by drought

How is this law related to drought? This is a type of code that addresses the "Sense of the Congress."

Law Limitations: No data

Unmet needs at federal, state, local, and tribal levels (includes changes from customer or "provider" perspective: No data

U.S. Code Number: 15USC330

Chapter: Commerce and Trade

Law Title/Statute: Weather Modification Activities or Attempts; Reporting Requirement- National Weather Modification Policy Act of 1976 15 USC 330.

Function: Mitigation,Monitoring and Prediction, Communication

Law Description: (a.) Findings- The Congress finds and declares the following: (1) Weather-related disasters and hazards, including drought, result in substantial human suffering and loss of life, billions of dollars of annual economic losses to owners of crops and other property, and substantial financial loss to the United States Treasury; (2) Weather modification technology has significant potential for preventing, diverting, moderating, or ameliorating the adverse effects of such disasters and hazards and enhancing crop production and the availability of water; (3) The interstate nature of climatic and related phenomena, the severe economic hardships experienced as the result of occasional drought and other adverse meteorological conditions, and the existing role and responsibilities of the Federal Government with respect to disaster relief, require appropriate Federal action to prevent or alleviate such disasters and hazards; and 4) Weather modification programs may have long-range and unexpected effects on existing climatic patterns which are not confined by national boundaries. The act requires that the National Oceanic Atmospheric Administration submit a report to the President and Congress by Oct 13, 1977. The act may have only been funded for one year. Sec. 5. Report- (a) In General.--The Secretary shall prepare and submit to the President and the Congress, within 1 year after the date of enactment of this Act [Oct. 13, 1976], a final report on the findings, conclusions, and recommendations of the study conducted pursuant to section 4. Such report shall include: (1) a summary of the findings made with respect to each of the areas of investigation specified in section 4; (2) other findings which are pertinent to the determination and implementation of a national policy on weather modifications; (3) a recommended national policy on weather modification and a recommended national weather modification research and development program which is consistent with, and likely to contribute to, achieving the objectives of such policy; (4) recommendations for levels of Federal funding sufficient to support adequately a national weather modification research and development program; (5) recommendations for any changes in the organization and involvement of Federal departments and agencies in weather modification which may be needed to implement effectively the recommended national policy on weather modification and the recommended research and development program; and (6) recommendations for any regulatory and other legislation which may be required to implement such policy and program or for any international agreement which may be appropriate concerning the peaceful uses of weather modification, including recommendations concerning the dissemination, refinement, and possible implementation of the model domestic code and international agreement developed under the specifications of section 4. Each department, agency, and other instrumentality of the Federal Government is authorized and directed to furnish the Secretary any information which the Secretary deems necessary to carry out his functions under this Act. (b) Operation and Consultation.--The Secretary shall solicit and consider the views of State agencies, private firms, institutions of higher learning, and other interested persons and governmental entities in the conduct of the study required by section 4, and in the preparation of the report required by subsection (a).

Agencies (Primary agency listed first): DOC, NOAA

Customers Served: General public

How is this law related to drought? The model relating to how weather develops should have been valuable to determine why drought developed.

Law Limitations: No data

Unmet needs at federal, state, local, and tribal levels (includes changes from customer or "provider" perspective: The reason that drought develops in a particular area and for a given time is still not well understood; therefore it would be helpful to continue these modeling studies with emphasis on drought development.

U.S. Code Number: 15USC636

Chapter: Commerce

Law Title/Statute: Aid to Small Industries. [169]

Function: Response

Law Description: Sec. 636(b) provides, disaster loans; authorization, scope, terms, and conditions, etc. If property is destroyed because of disaster, the administration may make either immediate or deferred loans to repair, rehabilitate or replace the property of small businesses, allowable purposes, or qualified businesses. If the Secretary determines that mitigating measures are necessary, the loans may be increased by 20% to cover such costs. Disasters are (1) determined by the President under the "Disaster Relief & Emergency Assistance Act (42 USC 5121). If a nursery is qualified to be a participant in the disaster loan program as set forth in section 636 (c), then in (7) it says that the disaster assistance shall not be withheld if a drought occurs

Agencies (Primary agency listed first): SBA

Customers Served: Small businesses

How is this law related to drought? If drought will hurt a small business, then there is a need to be able to extend assistance. This section of the code allows the Secretary of Commerce to provide that help.

Law Limitations: No data

Unmet needs at federal, state, local, and tribal levels (includes changes from customer or "provider" perspective: No data

U.S. Code Number: 16USC590h

Chapter: Department of Agriculture

Law Title/Statute: Environmental Quality Incentives Program.

Function: Response

Law Description: Paragraph (b)(B)(i&ii), describes how the State and county committees will be chosen and how many shall be on the committee. Paragraph (c)(5) provides that if through drought, etc. the yield in any year of wheat or corn is less than 75% of the ten year average, then it will be eliminated from the calculation of normal yield per acre. In (b)(5)(H) there is a limitation placed on the Secretary of Agriculture that he/she shall not have the authority to acquire any land or any right or interest in land.

Agencies (Primary agency listed first): USDA

Customers Served: Wheat and corn farmers

How is this law related to drought? Code provides a way to not reduce average yield and thus payments because of crop failure due to drought.

Law Limitations: No data

Unmet needs at federal, state, local, and tribal levels (includes changes from customer or "provider" perspective: No data

U.S. Code Number: 16USC590p

Chapter: Department of Agriculture

Law Title/Statute: Environmental Quality Incentives Program.

Function: Response

Law Description: PL 104-127 repealed section (b) on April 4, 1996. This section of the code provides for limitations on obligations incurred under the Great Plains Program. The Great Plains program has been eliminated; thus, the section still remains in force only for people who do have a Great Plains contract that is not expired. (All of these should be completed by September 30, 2005). In section 590p(h)(6) the Secretary of Agriculture was given authority, in the 1964-65 feed grain program, to either terminate, or modify the Secretary's agreement with producers when drought or other disaster occurs. This same authority is extended through the 1966-1970 program by the material in section 590p(i)(6).

Agencies (Primary agency listed first): USDA

Customers Served: Great Plains farmers

How is this law related to drought? While this section of the code will have a decreasing relevance as time passes, the NRCS program personnel estimate that there will still be Great Plains contracts in force until the year 2005; therefore, if drought occurs, this could assist the farmers that will be affected.

Law Limitations: No data

Unmet needs at federal, state, local, and tribal levels (includes changes from customer or "provider" perspective: No data

U.S. Code Number: 16USC590q-3

Chapter: Department of Agriculture

Law Title/Statute: Critical Lands in Great Plains

Function: Response

Law Description: This section defines the "Critical Lands resource conservation program" in the Great Plains area. As a result of S.590q-3(b)(3) if drought occurs the Secretary of Agriculture may allow the producer's animals to graze or the producer to harvest a crop, subject to an appropriate reduction in the rate of payment from land in the program.

Agencies (Primary agency listed first): USDA

Customers Served: Cattle Ranchers In Great Plains Area.

How is this law related to drought? The land that is in the program becomes another source of animal feed in a drought.

Law Limitations: No data

Unmet needs at federal, state, local, and tribal levels (includes changes from customer or "provider" perspective: No data

U.S. Code Number: 16USC831n-4

Chapter: Tennessee Valley Authority

Law Title/Statute: TVA Bonds for financing power program

Function: Response

Law Description: Paragraph (e) provides, the TVA is required to pay into the Treasury of the United States as miscellaneous receipts, net power proceeds in excess of those needed to pay off the indebtedness of the corporation. A schedule of repayments for the years is given, and only in the event of drought, etc., can the corporation defer payment for up to two years.

Agencies (Primary agency listed first): TVA

Customers Served: People in the Tennessee Valley Authority service provision area.

How is this law related to drought? When the area that TVA serves has a severe drought, there will be people who will have a tough time paying their bills for electric power supplied by the TVA. The TVA is authorized to forgo payments bond payments for up to two years.

Law Limitations: No data

Unmet needs at federal, state, local, and tribal levels (includes changes from customer or "provider" perspective: No data

U.S. Code Number: 16USC1642

Chapter: Department of Agriculture

Law Title/Statute: Forest & Rangeland Renewable Resources Planning

Function: Mitigation

Law Description: A Semiarid Agroforestry Research Center is to be developed at Lincoln, Nebraska and will "develop and improve the drought and pest resistance characteristics of trees for conservation forestry and agroforestry applications in semiarid regions ... ." Another part of their program will be "(6) develop improved windbreak and shelterbreak technologies for drought preparedness... ."

Agencies (Primary agency listed first): USDA

Customers Served: People who raise trees that will be developed at the Lab.

How is this law related to drought? When it is dry, there is a need to have trees developed which can tolerate the lack of moisture and still grow and prevent wind erosion.

Law Limitations: No data

Unmet needs at federal, state, local, and tribal levels (includes changes from customer or "provider" perspective: No data

U.S. Code Number: 16USC2106a

Chapter: Cooperative Forestry Assistance

Law Title/Statute: Conservation- Emergency Reforestation Assistance 16 USC 2106a

Function: Response

Law Description: (a) In general--The Secretary of Agriculture is authorized to provide assistance under this section to eligible landowners who suffer destruction of 35 percent or more of a commercial tree stand due to damaging weather, related condition, or wildfire. (b)Form of assistance--The assistance, if any, provided by the Secretary under this section shall consist of either (1) reimbursement of up to 65 percent of the cost of reestablishing such tree stand damaged by the damaging weather, related condition, or wildfire in excess of 35 percent mortality; or (2) at the discretion of the Secretary, provision of sufficient tree seedlings to reestablish such tree stand.

Agencies (Primary agency listed first): USDA-FS

Customers Served: Livestock producers

How is this law related to drought? This law gives the Secretary of Agriculture authorization to provide assistance to eligible landowners who suffer destruction of 35 percent or more of a commercial tree stand due to damaging weather, related condition, or wildfire.

Law Limitations: No data

Unmet needs at federal, state, local, and tribal levels (includes changes from customer or "provider" perspective: No data

U.S. Code Number: 16USC2202

Chapter: Emergency Conservation Program

Law Title/Statute: Conservation- Emergency Conservation Program

Function: Response

Law Description: The Secretary of Agriculture is authorized to make payments to agricultural producers who carry out emergency water conservation or water enhancing measures (including measures carried out to assist confined livestock) during periods of severe drought as determined by the Secretary.

Agencies (Primary agency listed first): USDA

Customers Served: Producers carrying out emergency water conservation during droughts

How is this law related to drought? This law allows payment to producers during droughts.

Law Limitations: No data

Unmet needs at federal, state, local, and tribal levels (includes changes from customer or "provider" perspective: No data

U.S. Code Number: 16USC2203

Chapter: Emergency Conservation Program

Law Title/Statute: Undertaking of runoff retardation and soil-erosion preventative measures; cooperation with landowners and land users; criteria.

Function: Response

Law Description: The Secretary of Agriculture is authorized to undertake emergency measures, including the purchase of floodplain easements, for runoff retardation and soil-erosion prevention, in cooperation with landowners and land users, as the Secretary deems necessary to safeguard lives and property from floods, drought, and the products of erosion on any watershed whenever fire, flood, or any other natural occurrence is causing or has caused a sudden impairment of that watershed.

Agencies (Primary agency listed first): USDA

Customers Served: Residents that are exposed to the given conditions.

How is this law related to drought? This law allows for emergency actions to be taken to safeguard lives and property from natural occurrences.

Law Limitations: No data

Unmet needs at federal, state, local, and tribal levels (includes changes from customer or "provider" perspective: No data

U.S. Code Number: 16USC3801

Chapter: Department of Agriculture

Law Title/Statute: Erodible Land & Wetland Cons Reserve Program

Function: Response

Law Description: This section contains definitions relative to Wetland Conservation and Reserve Program. In (6)(B) provides that Wetland shall not be considered converted wetland if production of an agricultural commodity on such land during a crop year (i) is possible as a result of a natural condition such as drought and (ii) is not assisted by an action of the producer that destroys natural wetland characteristics.

Agencies (Primary agency listed first): USDA

Customers Served: Farmers with wetland that they want to use during drought

How is this law related to drought? If land is normally wet, but dries out enough during a drought, then the farmer may use it to nourish cattle, etc.

Law Limitations: No data

Unmet needs at federal, state, local, and tribal levels (includes changes from customer or "provider" perspective: No data

U.S. Code Number: 16USC3822

Chapter: Department of Agriculture

Law Title/Statute: Erodible Land & Wetland Cons Reserve Program

Function: Response

Law Description: Using different words, part (b)(1)(D) says the same as 16USC3801(a)(6)(B) above.

Agencies (Primary agency listed first): USDA

Customers Served: Farmers with wetland that they want to use during drought

How is this law related to drought? If land is normally wet, but dries out enough during a drought, then the farmer may use it to nourish cattle, etc.

Law Limitations: No data

Unmet needs at federal, state, local, and tribal levels (includes changes from customer or "provider" perspective: No data

U.S. Code Number: 16USC3832

Chapter: Department of Agriculture

Law Title/Statute: Erodible Land & Wetland Cons Reserve Program

Function: Response

Law Description: The Secretary can permit limited grazing or other use of the reserved land defined in the beginning of the section. If a drought occurs, the Secretary can allow more extensive use of the reserved land. Program rules will also require that in the event that the Secretary does allow more extensive use, the producer will receive 25% reduction in payments.

Agencies (Primary agency listed first): USDA

Customers Served: Farmers with either livestock or land that meets the Erodible land or Wetland Cons Reserve Program criteria

How is this law related to drought? While unusual, agencies can allow farmers to use this type of land if severe drought occurs. If this is done, then the farmers payment for nonuse of the land will be reduced by 25%.

Law Limitations: No data

Unmet needs at federal, state, local, and tribal levels (includes changes from customer or "provider" perspective: No data

U.S. Code Number: 22USC277f

Chapter: Bureau of Reclamation

Law Title/Statute: Valley Gravity Canal & Storage Project

Function: Mitigation

Law Description: This section provides, that the President of the United States, after consulting with the Secretary of the Interior, and the Secretary of State, may allocate the amount of the cost that he thinks is proper to protect American interests, from drought, in the lower part of the Rio Grande below Old Fort Quitman, Texas. (This project to take water off the Rio Grande was never built.)

Agencies (Primary agency listed first): BOR

Customers Served: Farmers and water users downstream of Old Fort Quitman

How is this law related to drought? No data

Law Limitations: Project was never built.

Unmet needs at federal, state, local, and tribal levels (includes changes from customer or "provider" perspective: No data

U.S. Code Number: 22USC2151r

Chapter: State Department

Law Title/Statute: International Development

Function: Response

Law Description: This section is a "sense of the Congress" about United States development cooperation policy and authorizes the President to develop a long-term comprehensive development program for the Sahel and other drought-stricken nations in Africa.

Agencies (Primary agency listed first): State Department

Customers Served: People of US

How is this law related to drought? While not directly related to drought in this country, it is part of the country's foreign aid program.

Law Limitations: No data

Unmet needs at federal, state, local, and tribal levels (includes changes from customer or "provider" perspective: No data

U.S. Code Number: 22USC2292

Chapter: State Department

Law Title/Statute: International Development

Function: Response

Law Description: This section gives the President authority to furnish assistance to foreign countries, international organizations or private voluntary organization for international disaster relief. Any actual assistance furnished using this section will also require an authorization for an appropriation as well as the appropriation itself.

Agencies (Primary agency listed first): State Department

Customers Served: People of US

How is this law related to drought? While not directly related to drought in this country, it is part of the country's foreign aid program.

Law Limitations: No automatic or pre-authorization for appropriation in the section.

Unmet needs at federal, state, local, and tribal levels (includes changes from customer or "provider" perspective: No data

U.S. Code Number: 22USC2292q

Chapter: State Department

Law Title/Statute: International Development

Function: Response

Law Description: This section gave authorization to appropriate funds and provide assistance in Africa because of drought during FY 85. This section does not appear to apply to any other point in time.

Agencies (Primary agency listed first): State Department

Customers Served: People of US

How is this law related to drought? Applied only to 1985 drought in Africa.

Law Limitations: No data

Unmet needs at federal, state, local, and tribal levels (includes changes from customer or "provider" perspective: No data

U.S. Code Number: 22USC2293

Chapter: Foreign Assistance

Law Title/Statute: International Development- Long-term development assistance for sub-Saharan Africa/22 USC 2293

Function: Response

Law Description: (a) Findings- The Congress finds that-- (1) drought and famine have caused countless deaths and untold suffering among the people of sub-Saharan Africa; (2) drought and famine in combination with other factors such as desertification, government neglect of the agricultural sector, and inappropriate economic policies have severely affected long-term development in sub-Saharan Africa; and (3) the most cost-effective and efficient way of overcoming Africa's vulnerability to drought and famine is to address Africa's long-term development needs through a process that builds upon the needs and capabilities of the African people, promotes sustained and equitable economic growth, preserves the environment, and protects the rights of the individual.

Agencies (Primary agency listed first): AID

Customers Served: People in sub-Saharan Africa

How is this law related to drought? Numerous deaths occur in this area. These programs offer assistance to help people by getting them to participate in a process of long-term development that offers growth and is environmentally sustainable and self-reliant.

Law Limitations: No data

Unmet needs at federal, state, local, and tribal levels (includes changes from customer or "provider" perspective: No data