[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2528 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 2528

 To establish a National Drought Council within the Federal Emergency 
     Management Agency, to improve national drought preparedness, 
       mitigation, and response efforts, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                 May 16 (legislative day, May 9), 2002

 Mr. Domenici (for himself, Mr. Baucus, Mr. Hagel, Ms. Snowe, Mr. Kyl, 
Mr. Smith of Oregon, Mr. Smith of New Hampshire, Mr. Graham, Mr. Burns, 
 Mr. Bingaman, Mr. Campbell, Mr. Wyden, and Mr. Allard) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
 To establish a National Drought Council within the Federal Emergency 
     Management Agency, 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 2002''.
    (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. Detail of government employees.
                 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) 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;
            (2) State, tribal, and local governments have to coordinate 
        efforts with each Federal agency involved in drought 
        monitoring, planning, mitigation, and response;
            (3) 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;
            (4) 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;
            (5) 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
            (6) 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 Federal Emergency Management Agency.
            (4) Director of the office.--The term ``Director of the 
        Office'' means the Director of the Office appointed under 
        section 112(a).
            (5) Drought.--The term ``drought'' means a major 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.
            (6) Fund.--The term ``Fund'' means the Drought Assistance 
        Fund established by section 121(a).
            (7) 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).
            (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 drought monitoring network.--The term 
        ``National Drought Monitoring Network'' means a comprehensive 
        network 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) 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.

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 a council to be known as the 
``National Drought Council''.
    (b) Membership.--
            (1) Composition.--The Council shall be composed of--
                    (A) the Director;
                    (B) the Secretary of the Interior;
                    (C) the Secretary of the Army;
                    (D) the Secretary of Agriculture;
                    (E) 4 members appointed by the Federal co-chair 
                appointed under subsection (f), in coordination with 
                the National Governors Association, of whom--
                            (i) 1 member shall be the Governor of a 
                        State from Federal Emergency Management Agency 
                        Region I, II, or III;
                            (ii) 1 member shall be the Governor of a 
                        State from Federal Emergency Management Agency 
                        Region IV or VI;
                            (iii) 1 member shall be the Governor of a 
                        State from Federal Emergency Management Agency 
                        Region V or VII; and
                            (iv) 1 member shall be the Governor of a 
                        State from Federal Emergency Management Agency 
                        Region VIII, IX, or X;
                    (F) 1 member appointed by the Federal co-chair, in 
                coordination with the National Association of Counties;
                    (G) 1 member appointed by the Federal co-chair, in 
                coordination with the United States Conference of 
                Mayors;
                    (H) 1 member appointed by the Secretary of the 
                Interior, in coordination with Indian tribes, to 
                represent the interests of tribal governments; and
                    (I) 1 member appointed by the Secretary of 
                Agriculture, 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 member of the Council shall be appointed for a 
        term of 2 years.
            (2) Vacancies.--A vacancy on the Council--
                    (A) shall not affect the powers of the Council; and
                    (B) shall be filled in the same manner as the 
                original appointment was made.
    (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 Director shall be 
                Federal co-chair.
                    (B) Non-federal co-chair.--The Council members 
                appointed under subparagraphs (E) through (I) of 
                subsection (b)(1) shall select a non-Federal co-chair 
                from among the members appointed under those 
                subparagraphs.
    (g) Director of the Office.--
            (1) In general.--The Director of the Office shall serve as 
        Director of the Council.
            (2) Duties.--The Director of the Office 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, and 
                private entities; and
                    (D) avoids duplicating Federal, State, tribal, 
                local, 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 Drought Monitoring Network 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
                                    (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) 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; and
                    (D) information on State and local laws applicable 
                to 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; and
            (7) the portion of the science community that is concerned 
        with drought and climatology.
    (c) 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 Federal co-chair or 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 2003 through 2010.

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 Director shall establish directly under the Director an office 
to be known as the ``National Office of Drought Preparedness'' to 
provide assistance to the Council in carrying out this title.

SEC. 112. DIRECTOR OF THE OFFICE.

    (a) Appointment.--
            (1) In general.--The Director shall appoint a Director of 
        the Office under sections 3371 through 3375 of title 5, United 
        States Code.
            (2) Qualifications.--The Director of the Office shall be a 
        person who has experience in--
                    (A) public administration; and
                    (B) drought mitigation or drought management.
    (b) Powers.--The Director of the Office 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. DETAIL OF GOVERNMENT EMPLOYEES.

    (a) In General.--An employee of the Federal Government may be 
detailed to the Office without reimbursement, unless the Federal co-
chair, on the recommendation of the Director of the Office, determines 
that reimbursement is appropriate.
    (b) Civil Service Status.--The detail of an employee 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 within the Federal 
Emergency Management Agency 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, 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, 
        and critical service providers the Federal share, as determined 
        by the Federal co-chair, 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, 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 Federal co-chair of the Council shall, 
        in consultation with other members of the Council, promulgate 
        guidelines implementing this section.
            (2) 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; 
                and
                    (C) prohibit the use of amounts from the Fund for 
                Federal salaries that are not directly related to the 
                provision of drought assistance.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Fund such sums as are necessary to carry out the 
purposes described in subsection (b).

SEC. 122. DROUGHT PREPAREDNESS PLANS.

    (a) In General.--The Director, in consultation with the Council, 
shall publish guidelines for administering a national program to 
provide technical and financial assistance to States, Indian tribes, 
local governments, 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 Director, the Secretary of Agriculture, 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 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) 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
            (5) 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) 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
                    ``(E) 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.--The Director of the Federal Emergency 
Management Agency (referred to in this section as the `Director') may 
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.
    ``(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.''.
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