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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.
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 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.
(15) 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.
(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''.
(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 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
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