| S 1454 IS
108th CONGRESS
1st Session
S. 1454
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
July 24 (legislative day, JULY
21), 2003
Mr. DOMENICI (for himself, Mr.
BAUCUS, Mr. ALLARD, Mr. ALLEN, Mr. BINGAMAN, Mr. BURNS, Mr. CAMPBELL, Mr.
ENZI, Mr. JOHNSON, Mr. SMITH, Mr. WARNER, Mr. CRAIG, Mr. HAGEL, Mr. WYDEN,
Mr. ROBERTS, Mr. NELSON of Nebraska, Ms. COLLINS, and Mr. REID) 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 2003'.
(b) TABLE OF CONTENTS- The
table of contents of this Act is as follows:
Sec. 1. Short title; table
of contents.
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. 112. Director of the
Office.
Subtitle C--Drought Preparedness
Plans
Sec. 121. Drought Assistance
Fund.
Sec. 122. Drought preparedness
plans.
Sec. 124. State and tribal
plans.
Sec. 125. Regional and local
plans.
TITLE II--WILDFIRE SUPPRESSION
Sec. 201. Grants for prepositioning
wildfire suppression resources.
SEC. 2. FINDINGS.
(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.
(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 SYSTEM- The term `National Integrated Drought 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, climate (including precipitation and temperature),
and forecasts, in order to make usable, reliable, and timely assessments
of drought, including the severity of drought.
(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) 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.
(14) UNDER SECRETARY- The
term `Under Secretary' means the Under Secretary of Agriculture for Natural
Resources and Environment.
(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.
(16) 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'.
(1) COMPOSITION- The Council
shall be composed of--
(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.
(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.
(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.
(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 shall constitute a quorum, but a lesser number
may hold hearings or conduct other business.
(1) IN GENERAL- There shall
be a Federal co-chair and non-Federal co-chair of the Council.
(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.
(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;
(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) coordinate and prioritize
specific activities that will improve the National Integrated Drought 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 information delivery 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
(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) encourage and facilitate
the development of drought preparedness plans under subtitle C, including
establishing the guidelines under sections 121(c) and 122(a);
(6) 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;
(7) 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
(8) 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
(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
(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.
(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.
(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 fiscal years
2004 through 2011.
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.
(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).
(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).
(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;
(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;
(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 1996 through 2000, the Federal Government expended over $630,000,000
per year for wildfire suppression costs;
`(D) in 2002, the Federal
Government expended $1,600,000,000 for wildfire suppression;
`(E) 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
`(F) 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 national and regional severity indices of the Forest
Service, 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.
`(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.'.
END
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