National Drought Preparedness Act of 2005 - Establishes in the Office of the Secretary of Agriculture the National Drought Council which shall develop a comprehensive National Drought Policy Action Plan, evaluate and coordinate Federal drought-related programs, establish and improve the National Integrated Drought Information System (NIDIS), and undertake public awareness activities. Terminates the Council eight years after enactment of this Act.
Directs the Secretary to establish the National Office of Drought Preparedness to assist the Council.
Establishes in the Treasury the Drought Assistance Fund, which shall be used to pay the cost of technical and financial assistance to States, Indian tribes, local governments, watershed groups, and critical service providers for: (1) drought preparedness plans and drought mitigation; (2) expanding the technology transfer of drought and water conservation strategies and innovative water supply techniques; (3) developing post-drought evaluations and recommendations; and (4) supplementing the costs of implementing NIDIS-related actions undertaken pursuant to this Act.
Directs the Secretary to issue related implementing guidelines, including special requirements applicable to interstate watersheds.
Requires Federal agencies to develop and implement drought preparedness plans. Authorizes States, Indian tribes, local governments, watershed groups, and regional water providers to develop and implement such plans.
Amends the Robert T. Stafford Disaster Relief and Emergency Assistance Act to require the Director of the Federal Emergency Management Agency to reimburse States for costs of prepositioning wildfire suppression resources.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 802 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 802
To establish a National Drought Council within the Department of
Agriculture, to improve national drought preparedness, mitigation, and
response efforts, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 14, 2005
Mr. Domenici (for himself, Mr. Baucus, Mr. Burns, Mr. Johnson, Mr.
Roberts, Mr. Bingaman, Mr. Allard, Mr. Wyden, Mr. Smith, Mr. Hagel, and
Mr. Brownback) introduced the following bill; which was read twice and
referred to the Committee on Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To establish a National Drought Council within the Department of
Agriculture, to improve national drought preparedness, mitigation, and
response efforts, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``National Drought
Preparedness Act of 2005''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1 Short title; table of contents.
Sec. 2 Findings.
Sec. 3 Definitions.
Sec. 4 Effect of Act.
TITLE I--DROUGHT PREPAREDNESS
Subtitle A--National Drought Council
Sec. 101 Membership and voting.
Sec. 102 Duties of the Council.
Sec. 103 Powers of the Council.
Sec. 104 Council personnel matters.
Sec. 105 Authorization of appropriations.
Sec. 106 Termination of Council.
Subtitle B--National Office of Drought Preparedness
Sec. 111 Establishment.
Sec. 112 Director of the Office.
Sec. 113 Office staff.
Subtitle C--Drought preparedness plans
Sec. 121 Drought Assistance Fund.
Sec. 122 Drought preparedness plans.
Sec. 123 Federal plans.
Sec. 124 State and tribal plans.
Sec. 125 Regional and local plans.
Sec. 126 Plan elements.
TITLE II--WILDFIRE SUPPRESSION
Sec. 201 Grants for prepositioning wildfire suppression resources.
SEC. 2. FINDINGS.
Congress finds that--
(1) drought is a natural disaster;
(2) regional drought disasters in the United States cause
serious economic and environmental losses, yet there is no
national policy to ensure an integrated and coordinated Federal
strategy to prepare for, mitigate, or respond to such losses;
(3) drought has an adverse effect on resource-dependent
businesses and industries (including the recreation and tourism
industries);
(4) State, tribal, and local governments have to increase
coordinated efforts with each Federal agency involved in
drought monitoring, planning, mitigation, and response;
(5) effective drought monitoring--
(A) is a critical component of drought preparedness
and mitigation; and
(B) requires a comprehensive, integrated national
program that is capable of providing reliable,
accessible, and timely information to persons involved
in drought planning, mitigation, and response
activities;
(6) the National Drought Policy Commission was established
in 1998 to provide advice and recommendations on the creation
of an integrated, coordinated Federal policy designed to
prepare for and respond to serious drought emergencies;
(7) according to the report issued by the National Drought
Policy Commission in May 2000, the guiding principles of
national drought policy should be--
(A) to favor preparedness over insurance, insurance
over relief, and incentives over regulation;
(B) to establish research priorities based on the
potential of the research to reduce drought impacts;
(C) to coordinate the delivery of Federal services
through collaboration with State and local governments
and other non-Federal entities; and
(D) to improve collaboration among scientists and
managers; and
(8) the National Drought Council, in coordination with
Federal agencies and State, tribal, and local governments,
should provide the necessary direction, coordination, guidance,
and assistance in developing a comprehensive drought
preparedness system.
SEC. 3. DEFINITIONS.
In this Act:
(1) Council.--The term ``Council'' means the National
Drought Council established by section 101(a).
(2) Critical service provider.--The term ``critical service
provider'' means an entity that provides power, water
(including water provided by an irrigation organization or
facility), sewer services, or wastewater treatment.
(3) Director.--The term ``Director'' means the Director of
the Office appointed under section 112(a).
(4) Drought.--The term ``drought'' means a natural disaster
that is caused by a deficiency in precipitation--
(A) that may lead to a deficiency in surface and
subsurface water supplies (including rivers, streams,
wetlands, ground water, soil moisture, reservoir
supplies, lake levels, and snow pack); and
(B) that causes or may cause--
(i) substantial economic or social impacts;
or
(ii) physical damage or injury to
individuals, property, or the environment.
(5) Fund.--The term ``Fund'' means the Drought Assistance
Fund established by section 121(a).
(6) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(7) Interstate watershed.--The term ``interstate
watershed'' means a watershed that crosses a State or tribal
boundary.
(8) Mitigation.--The term ``mitigation'' means a short- or
long-term action, program, or policy that is implemented in
advance of or during a drought to minimize any risks and
impacts of drought.
(9) National integrated drought information system.--The
term ``National Integrated Drought Information System'' means a
comprehensive system that collects and integrates information
on the key indicators of drought, including stream flow, ground
water levels, reservoir levels, soil moisture, snow pack, and
climate (including precipitation and temperature), in order to
make usable, reliable, and timely assessments of drought,
including the severity of drought and drought forecasts.
(10) Neighboring country.--The term ``neighboring country''
means Canada and Mexico.
(11) Office.--The term ``Office'' means the National Office
of Drought Preparedness established under section 111.
(12) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(13) State.--The term ``State'' means--
(A) each of the several States of the United
States;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) Guam;
(E) American Samoa;
(F) the Commonwealth of the Northern Mariana
Islands;
(G) the Federated States of Micronesia;
(H) the Republic of the Marshall Islands;
(I) the Republic of Palau; and
(J) the United States Virgin Islands.
(14) Trigger.--The term ``trigger'' means the thresholds or
criteria that must be satisfied before mitigation or emergency
assistance may be provided to an area--
(A) in which drought is emerging; or
(B) that is experiencing a drought.
(15) Under secretary.--The term ``Under Secretary'' means
the Under Secretary of Agriculture for Natural Resources and
Environment.
(16) United states.--The term ``United States'', when used
in a geographical sense, means all of the States.
(17) Watershed.--
(A) In general.--The term ``watershed'' means--
(i) a region or area with common hydrology;
(ii) an area drained by a waterway that
drains into a lake or reservoir;
(iii) the total area above a designated
point on a stream that contributes water to the
flow at the designated point; or
(iv) the topographic dividing line from
which surface streams flow in 2 different
directions.
(B) Exclusion.--The term ``watershed'' does not
include a region or area described in subparagraph (A)
that is larger than a river basin.
(18) Watershed group.--The term ``watershed group'' means a
group of individuals that--
(A) represents the broad scope of relevant
interests in a watershed; and
(B) works in a collaborative manner to jointly plan
the management of the natural resources in the
watershed; and
(C) is formally recognized by each of the States in
which the watershed lies.
SEC. 4. EFFECT OF ACT.
This Act does not affect--
(1) the authority of a State to allocate quantities of
water under the jurisdiction of the State; or
(2) any State water rights established as of the date of
enactment of this Act.
TITLE I--DROUGHT PREPAREDNESS
Subtitle A--National Drought Council
SEC. 101. MEMBERSHIP AND VOTING.
(a) In General.--There is established in the Office of the
Secretary a council to be known as the ``National Drought Council''.
(b) Membership.--
(1) Composition.--The Council shall be composed of--
(A) the Secretary;
(B) the Secretary of Commerce;
(C) the Secretary of the Army;
(D) the Secretary of the Interior;
(E) the Director of the Federal Emergency
Management Agency;
(F) the Administrator of the Environmental
Protection Agency;
(G) 4 members appointed by the Secretary, in
coordination with the National Governors Association--
(i) who shall each be a Governor of a
State; and
(ii) who shall collectively represent the
geographic diversity of the United States;
(H) 1 member appointed by the Secretary, in
coordination with the National Association of Counties;
(I) 1 member appointed by the Secretary, in
coordination with the United States Conference of
Mayors;
(J) 1 member appointed by the Secretary of the
Interior, in coordination with Indian tribes, to
represent the interests of tribal governments; and
(K) 1 member appointed by the Secretary, in
coordination with the National Association of
Conservation Districts, to represent local soil and
water conservation districts.
(2) Date of appointment.--The appointment of each member of
the Council shall be made not later than 120 days after the
date of enactment of this Act.
(c) Term; Vacancies.--
(1) Term.--
(A) In general.--Except as provided in subparagraph
(B), a member of the Council shall serve for the life
of the Council.
(B) Exception.--A member of the Council appointed
under subparagraphs (G) through (K) of subsection
(b)(1) shall be appointed for a term of 2 years.
(2) Vacancies.--
(A) In general.--A vacancy on the Council--
(i) shall not affect the powers of the
Council; and
(ii) shall be filled in the same manner as
the original appointment was made.
(B) Duration of appointment.--A member appointed to
fill a vacancy occurring before the expiration of the
term for which the predecessor was appointed shall be
appointed only for the remainder of the term.
(d) Meetings.--
(1) In general.--The Council shall meet at the call of the
co-chairs.
(2) Frequency.--The Council shall meet at least
semiannually.
(e) Quorum.--A majority of the members of the Council, including a
designee of a member, shall constitute a quorum, but a lesser number
may hold hearings or conduct other business.
(f) Co-chairs.--
(1) In general.--There shall be a Federal co-chair and non-
Federal co-chair of the Council.
(2) Appointment.--
(A) Federal co-chair.--The Secretary shall be
Federal co-chair.
(B) Non-federal co-chair.--Every 2 years, the
Council members appointed under subparagraphs (G)
through (K) of subsection (b)(1) shall select a non-
Federal co-chair from among the members appointed under
those subparagraphs.
(g) Director.--
(1) In general.--The Director shall serve as Director of
the Council.
(2) Duties.--The Director shall serve the interests of all
members of the Council.
SEC. 102. DUTIES OF THE COUNCIL.
(a) In General.--The Council shall--
(1) not later than 1 year after the date of the first
meeting of the Council, develop a comprehensive National
Drought Policy Action Plan that--
(A)(i) delineates and integrates responsibilities
for activities relating to drought (including drought
preparedness, mitigation, research, risk management,
training, and emergency relief) among Federal agencies;
and
(ii) ensures that those activities are coordinated
with the activities of the States, local governments,
Indian tribes, and neighboring countries;
(B) is consistent with--
(i) this Act and other applicable Federal
laws; and
(ii) the laws and policies of the States
for water management;
(C) is integrated with drought management programs
of the States, Indian tribes, local governments,
watershed groups, and private entities; and
(D) avoids duplicating Federal, State, tribal,
local, watershed, and private drought preparedness and
monitoring programs in existence on the date of
enactment of this Act;
(2) evaluate Federal drought-related programs in existence
on the date of enactment of this Act and make recommendations
to Congress and the President on means of eliminating--
(A) discrepancies between the goals of the programs
and actual service delivery;
(B) duplication among programs; and
(C) any other circumstances that interfere with the
effective operation of the programs;
(3) make recommendations to the President, Congress, and
appropriate Federal Agencies on--
(A) the establishment of common interagency
triggers for authorizing Federal drought mitigation
programs; and
(B) improving the consistency and fairness of
assistance among Federal drought relief programs;
(4) in conjunction with the Secretary of Commerce,
coordinate and prioritize specific activities to establish and
improve the National Integrated Drought Information System by--
(A) taking into consideration the limited resources
for--
(i) drought monitoring, prediction, and
research activities; and
(ii) water supply forecasting; and
(B) providing for the development of an effective
drought early warning system that--
(i) communicates drought conditions and
impacts to--
(I) decisionmakers at the Federal,
regional, State, tribal, and local
levels of government;
(II) the private sector; and
(III) the public; and
(ii) includes near-real-time data,
information, and products developed at the
Federal, regional, State, tribal, and local
levels of government that reflect regional and
State differences in drought conditions;
(5) in conjunction with the Secretary of the Army and the
Secretary of the Interior--
(A) encourage and facilitate the development of
drought preparedness plans under subtitle C, including
establishing the guidelines under sections 121(c) and
122(a); and
(B) based on a review of drought preparedness
plans, develop and make available to the public drought
planning models to reduce water resource conflicts
relating to water conservation and droughts;
(6) develop and coordinate public awareness activities to
provide the public with access to understandable, and
informative materials on drought, including--
(A) explanations of the causes of drought, the
impacts of drought, and the damages from drought;
(B) descriptions of the value and benefits of land
stewardship to reduce the impacts of drought and to
protect the environment;
(C) clear instructions for appropriate responses to
drought, including water conservation, water reuse, and
detection and elimination of water leaks;
(D) information on State and local laws applicable
to drought; and
(E) information on the assistance available to
resource-dependent businesses and industries during a
drought; and
(7) establish operating procedures for the Council.
(b) Consultation.--In carrying out this section, the Council shall
consult with groups affected by drought emergencies, including groups
that represent--
(1) agricultural production, wildlife, and fishery
interests;
(2) forestry and fire management interests;
(3) the credit community;
(4) rural and urban water associations;
(5) environmental interests;
(6) engineering and construction interests;
(7) the portion of the science community that is concerned
with drought and climatology;
(8) resource-dependent businesses and other private
entities (including the recreation and tourism industries); and
(9) watershed groups.
(c) Agency Roles and Responsibilities.--
(1) Designation of lead agencies.--
(A) Department of commerce.--The Department of
Commerce shall be the lead agency for purposes of
implementing subsection (a)(4).
(B) Departments of the army and the interior.--The
Department of the Army and the Department of the
Interior shall jointly be the lead agency for purposes
of implementing--
(i) paragraphs (5) and (6) of section
subsection (a); and
(ii) section 122.
(C) Department of agriculture.--The Department of
Agriculture, in cooperation with the lead agencies
designated under subparagraphs (A) and (B), shall be
the lead agency for purposes of implementing section
121.
(2) Cooperation from other federal agencies.--The head of
each Federal agency shall cooperate as appropriate with the
lead agencies in carrying out any duties under this Act.
(d) Reports to Congress.--
(1) Annual report.--
(A) In general.--Not later than 1 year after the
date of the first meeting of the Council, and annually
thereafter, the Council shall submit to Congress a
report on the activities carried out under this title.
(B) Inclusions.--
(i) In general.--The annual report shall
include a summary of drought preparedness plans
completed under sections 123 through 125.
(ii) Initial report.--The initial report
submitted under subparagraph (A) shall include
any recommendations of the Council under
paragraph (2) or (3) of subsection (a).
(2) Final report.--Not later than 7 years after the date of
enactment of this Act, the Council shall submit to Congress a
report that recommends--
(A) amendments to this Act; and
(B) whether the Council should continue.
SEC. 103. POWERS OF THE COUNCIL.
(a) Hearings.--The Council may hold hearings, meet and act at any
time and place, take any testimony and receive any evidence that the
Council considers advisable to carry out this title.
(b) Information From Federal Agencies.--
(1) In general.--The Council may obtain directly from any
Federal agency any information that the Council considers
necessary to carry out this title.
(2) Provision of information.--
(A) In general.--Except as provided in subparagraph
(B), on request of the Secretary or the non-Federal co-
chair, the head of a Federal agency may provide
information to the Council.
(B) Limitation.--The head of a Federal agency shall
not provide any information to the Council that the
Federal agency head determines the disclosure of which
may cause harm to national security interests.
(c) Postal Services.--The Council may use the United States mail in
the same manner and under the same conditions as other agencies of the
Federal Government.
(d) Gifts.--The Council may accept, use, and dispose of gifts or
donations of services or property.
(e) Federal Facilities.--If the Council proposes the use of a
Federal facility for the purposes of carrying out this title, the
Council shall solicit and consider the input of the Federal agency with
jurisdiction over the facility.
SEC. 104. COUNCIL PERSONNEL MATTERS.
(a) Compensation of Members.--
(1) Non-federal employees.--A member of the Council who is
not an officer or employee of the Federal Government shall
serve without compensation.
(2) Federal employees.--A member of the Council who is an
officer or employee of the United States shall serve without
compensation in addition to the compensation received for
services of the member as an officer or employee of the Federal
Government.
(b) Travel Expenses.--A member of the Council shall be allowed
travel expenses at rates authorized for an employee of an agency under
subchapter I of chapter 57 of title 5, United States Code, while away
from the home or regular place of business of the member in the
performance of the duties of the Council.
SEC. 105. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this title
$2,000,000 for each of the 7 fiscal years after the date of enactment
of this Act.
SEC. 106. TERMINATION OF COUNCIL.
The Council shall terminate 8 years after the date of enactment of
this Act.
Subtitle B--National Office of Drought Preparedness
SEC. 111. ESTABLISHMENT.
The Secretary shall establish an office to be known as the
``National Office of Drought Preparedness'', which shall be under the
jurisdiction of the Under Secretary, to provide assistance to the
Council in carrying out this title.
SEC. 112. DIRECTOR OF THE OFFICE.
(a) Appointment.--
(1) In general.--The Under Secretary shall appoint a
Director of the Office under sections 3371 through 3375 of
title 5, United States Code.
(2) Qualifications.--The Director shall be a person who has
experience in--
(A) public administration; and
(B) drought mitigation or drought management.
(b) Powers.--The Director may hire such other additional personnel
or contract for services with other entities as necessary to carry out
the duties of the Office.
SEC. 113. OFFICE STAFF.
(a) In General.--The Office shall have at least 5 full-time staff,
including the detailees detailed under subsection (b)(1).
(b) Detailees.--
(1) Required detailees.--There shall be detailed to the
Office, on a nonreimbursable basis--
(A) by the Director of the Federal Emergency
Management Agency, 1 employee of the Federal Emergency
Management Agency with expertise in emergency planning;
(B) by the Secretary of Commerce, 1 employee of the
Department of Commerce with experience in drought
monitoring;
(C) by the Secretary of the Interior, 1 employee of
the Bureau of Reclamation with experience in water
planning; and
(D) by the Secretary of the Army, 1 employee of the
Army Corps of Engineers with experience in water
planning.
(2) Additional detailees.--
(A) In general.--In addition to any employees
detailed under paragraph (1), any other employees of
the Federal Government may be detailed to the Office.
(B) Reimbursement.--An employee detailed under
subparagraph (A) shall be detailed without
reimbursement, unless the Secretary, on the
recommendation of the Director, determines that
reimbursement is appropriate.
(3) Civil service status.--The detail of an employee under
paragraph (1) or (2) shall be without interruption or loss of
civil service status or privilege.
Subtitle C--Drought Preparedness Plans
SEC. 121. DROUGHT ASSISTANCE FUND.
(a) Establishment.--There is established in the Treasury of the
United States a fund to be known as the ``Drought Assistance Fund''.
(b) Purpose.--The Fund shall be used to pay the costs of--
(1) providing technical and financial assistance (including
grants and cooperative assistance) to States, Indian tribes,
local governments, watershed groups, and critical service
providers for the development and implementation of drought
preparedness plans under sections 123 through 125;
(2) providing to States, Indian tribes, local governments,
watershed groups, and critical service providers the Federal
share, as determined by the Secretary, in consultation with the
other members of the Council, of the cost of mitigating the
overall risk and impacts of droughts;
(3) assisting States, Indian tribes, local governments,
watershed groups, and critical service providers in the
development of mitigation measures to address environmental,
economic, and human health and safety issues relating to
drought;
(4) expanding the technology transfer of drought and water
conservation strategies and innovative water supply techniques;
(5) developing post-drought evaluations and
recommendations; and
(6) supplementing, if necessary, the costs of implementing
actions under section 102(a)(4).
(c) Guidelines.--
(1) In general.--The Secretary, in consultation with the
non-Federal co-chair and with the concurrence of the Council,
shall promulgate guidelines to implement this section.
(2) General requirements.--The guidelines shall--
(A) ensure the distribution of amounts from the
Fund within a reasonable period of time;
(B) take into consideration regional differences;
(C) take into consideration all impacts of drought
in a balanced manner;
(D) prohibit the use of amounts from the Fund for
Federal salaries that are not directly related to the
provision of drought assistance;
(E) require that amounts from the Fund provided to
States, local governments, watershed groups, and
critical service providers under subsection (b)(1) be
coordinated with and managed by the State in which the
local governments, watershed groups, or critical
service providers are located, consistent with the
drought preparedness priorities and relevant water
management plans in the State;
(F) require that amounts from the Fund provided to
Indian tribes under subsection (b)(1) be used to
implement plans that are, to the maximum extent
practicable--
(i) coordinated with any State in which
land of the Indian tribe is located; and
(ii) consistent with existing drought
preparedness and water management plans of the
State; and
(G) require that a State, Indian tribe, local
government, watershed group, or critical service
provider that receives Federal funds under paragraph
(2) or (3) of subsection (b) pay, using amounts made
available through non-Federal grants, cash donations
made by non-Federal persons or entities, or any other
non-Federal funds, not less than 25 percent of the
total cost of carrying out a project for which Federal
funds are provided under this Act.
(3) Special requirements applicable to interstate
watersheds.--
(A) Development of drought preparedness plans.--The
guidelines promulgated under paragraph (1) shall
require that, to receive financial assistance under
subsection (b)(1) for the development of drought
preparedness plans for interstate watersheds, the
States or Indian tribes in which the interstate
watershed is located shall--
(i) cooperate in the development of the
plan; and
(ii) in developing the plan--
(I) ensure that the plan is
consistent with any applicable State
and tribal water laws, policies, and
agreements;
(II) ensure that the plan is
consistent and coordinated with any
interstate stream compacts;
(III) include the participation of
any appropriate watershed groups; and
(IV) recognize that while
implementation of the plan will involve
further coordination among the
appropriate States and Indian tribes,
each State and Indian tribe has sole
jurisdiction over implementation of the
portion of the watershed within the
State or tribal boundaries.
(B) Implementation of drought preparedness plans.--
The guidelines promulgated under paragraph (1) shall
require that, to receive financial assistance under
subsection (b)(1) for the implementation of drought
preparedness plans for interstate watersheds, the
States or Indian tribes in which the interstate
watershed is located shall, to the maximum extent
practicable--
(i) cooperate in implementing the plan;
(ii) in implementing the plan--
(I) provide that the distribution
of funds to all States and Indian
tribes in which the watershed is
located is not required; and
(II) consider the level of impact
within the watershed on the affected
States or Indian tribes; and
(iii) ensure that implementation of the
plan does not interfere with State water rights
in existence on the date of enactment of this
Act.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Fund such sums as are necessary to carry out
subsection (b).
SEC. 122. DROUGHT PREPAREDNESS PLANS.
(a) In General.--The Secretary of the Interior and the Secretary of
the Army shall, with the concurrence of the Council, jointly promulgate
guidelines for administering a national program to provide technical
and financial assistance to States, Indian tribes, local governments,
watershed groups, and critical service providers for the development,
maintenance, and implementation of drought preparedness plans.
(b) Requirements.--To build on the experience and avoid duplication
of efforts of Federal, State, local, tribal, and regional drought plans
in existence on the date of enactment of this Act, the guidelines may
recognize and incorporate those plans.
SEC. 123. FEDERAL PLANS.
(a) In General.--The Secretary, the Secretary of the Interior, the
Secretary of the Army, and other appropriate Federal agency heads shall
develop and implement Federal drought preparedness plans for agencies
under the jurisdiction of the appropriate Federal agency head.
(b) Requirements.--The Federal plans--
(1) shall be integrated with each other;
(2) may be included as components of other Federal planning
requirements;
(3) shall be integrated with drought preparedness plans of
State, tribal, and local governments that are affected by
Federal projects and programs; and
(4) shall be completed not later than 2 years after the
date of enactment of this Act.
SEC. 124. STATE AND TRIBAL PLANS.
States and Indian tribes may develop and implement State and tribal
drought preparedness plans that--
(1) address monitoring of resource conditions that are
related to drought;
(2) identify areas that are at a high risk for drought;
(3) describes mitigation strategies to address and reduce
the vulnerability of an area to drought; and
(4) are integrated with State, tribal, and local water
plans in existence on the date of enactment of this Act.
SEC. 125. REGIONAL AND LOCAL PLANS.
Local governments, watershed groups, and regional water providers
may develop and implement drought preparedness plans that--
(1) address monitoring of resource conditions that are
related to drought;
(2) identify areas that are at a high risk for drought;
(3) describe mitigation strategies to address and reduce
the vulnerability of an area to drought; and
(4) are integrated with corresponding State plans.
SEC. 126. PLAN ELEMENTS.
The drought preparedness plans developed under sections 123 through
125--
(1) shall be consistent with Federal and State laws,
contracts, and policies;
(2) shall allow each State to continue to manage water and
wildlife in the State;
(3) shall address the health, safety, and economic
interests of those persons directly affected by drought;
(4) shall address the economic impact on resource-dependent
businesses and industries, including regional tourism;
(5) may include--
(A) provisions for water management strategies to
be used during various drought or water shortage
thresholds, consistent with State water law;
(B) provisions to address key issues relating to
drought (including public health, safety, economic
factors, and environmental issues such as water
quality, water quantity, protection of threatened and
endangered species, and fire management);
(C) provisions that allow for public participation
in the development, adoption, and implementation of
drought plans;
(D) provisions for periodic drought exercises,
revisions, and updates;
(E) a hydrologic characterization study to
determine how water is being used during times of
normal water supply availability to anticipate the
types of drought mitigation actions that would most
effectively improve water management during a drought;
(F) drought triggers;
(G) specific implementation actions for droughts;
(H) a water shortage allocation plan, consistent
with State water law; and
(I) comprehensive insurance and financial
strategies to manage the risks and financial impacts of
droughts; and
(6) shall take into consideration--
(A) the financial impact of the plan on the ability
of the utilities to ensure rate stability and revenue
stream; and
(B) economic impacts from water shortages.
TITLE II--WILDFIRE SUPPRESSION
SEC. 201. GRANTS FOR PREPOSITIONING WILDFIRE SUPPRESSION RESOURCES.
Title II of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5131 et seq.) is amended by adding at the end
the following:
``SEC. 205. GRANTS FOR PREPOSITIONING WILDFIRE SUPPRESSION RESOURCES.
``(a) Findings and Purpose.--
``(1) Findings.--Congress finds that--
``(A) droughts increase the risk of catastrophic
wildfires that--
``(i) drastically alter and otherwise
adversely affect the landscape for communities
and the environment;
``(ii) because of the potential of such
wildfires to overwhelm State wildfire
suppression resources, require a coordinated
response among States, Federal agencies, and
neighboring countries; and
``(iii) result in billions of dollars in
losses each year;
``(B) the Federal Government must, to the maximum
extent practicable, prevent and suppress such
catastrophic wildfires to protect human life and
property;
``(C) not taking into account State, local, and
private wildfire suppression costs, during the period
of 2000 through 2004, the Federal Government expended
more than $5,800,000,000 for wildfire suppression
costs, at an average annual cost of almost
$1,200,000,000;
``(D) since 1980, 2.8 percent of Federal wildfires
have been responsible for an average annual cost to the
Forest Service of more than $350,000,000;
``(E) the Forest Service estimates that annual
national mobilization costs are between $40,000,000 and
$50,000,000;
``(F) saving 10 percent of annual national
mobilization costs through more effective use of local
resources would reduce costs by $4,000,000 to
$5,000,000 each year;
``(G) it is more cost-effective to prevent
wildfires by prepositioning wildfire fighting resources
to catch flare-ups than to commit millions of dollars
to respond to large uncontrollable fires; and
``(H) it is in the best interest of the United
States to invest in catastrophic wildfire prevention
and mitigation by easing the financial burden of
prepositioning wildfire suppression resources.
``(2) Purpose.--The purpose of this section is to encourage
the mitigation and prevention of wildfires by providing
financial assistance to States for prepositioning of wildfire
suppression resources.
``(b) Authorization.--Subject to the availability of funds, the
Director of the Federal Emergency Management Agency (referred to in
this section as the `Director') shall reimburse a State for the cost of
prepositioning wildfire suppression resources on potential multiple and
large fire complexes when the Director determines, in accordance with
the national and regional severity indices contained in the Forest
Service handbook entitled `Interagency Standards for Fire and Fire
Aviation Operations', that a wildfire event poses a threat to life and
property in the area.
``(c) Eligibility.--Wildfire suppression resources of the Federal
Government, neighboring countries, and any State other than the State
requesting assistance are eligible for reimbursement under this
section.
``(d) Reimbursement.--
``(1) In general.--The Director may reimburse a State for
the costs of prepositioning of wildfire suppression resources
of the entities specified in subsection (c), including
mobilization to, and demobilization from, the staging or
prepositioning area.
``(2) Requirements.--For a State to receive reimbursement
under paragraph (1)--
``(A) any resource provided by an entity specified
in subsection (c) shall have been specifically
requested by the State seeking reimbursement; and
``(B) staging or prepositioning costs--
``(i) shall be expended during the approved
prepositioning period; and
``(ii) shall be reasonable.
``(3) Limitation.--The amount of all reimbursements made
under this subsection during any year shall not exceed
$50,000,000.''.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S3675)
Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry. (text of measure as introduced: CR S3675-3679)
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