[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1386 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 1386

   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 HOUSE OF REPRESENTATIVES

                             March 17, 2005

  Mr. Hastings of Florida (for himself, Mr. Rehberg, Mr. Osborne, Ms. 
 Herseth, Mr. Case, Mr. Otter, Ms. Corrine Brown of Florida, Mr. Scott 
of Georgia, Mr. Udall of New Mexico, Mrs. Christensen, Mrs. Napolitano, 
   Mr. Hayworth, Mr. Simpson, Mr. Platts, Mr. Udall of Colorado, Mr. 
  Terry, Ms. Bordallo, Mr. Blumenauer, Mr. Hinojosa, Mr. Salazar, Mr. 
  Davis of Florida, Mr. Etheridge, Mr. Wexler, Mr. Grijalva, and Mrs. 
    Cubin) introduced the following bill; which was referred to the 
    Committee on Agriculture, and in addition to the Committees on 
  Resources and Transportation and Infrastructure, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 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.

    (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--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.
           TITLE II--NATIONAL OFFICE OF DROUGHT PREPAREDNESS

Sec. 201. Establishment.
Sec. 202. Director of the Office.
Sec. 203. Detail of government employees.
Sec. 204. Office Personnel Requirement.
                 TITLE III--DROUGHT PREPAREDNESS PLANS

Sec. 301. Drought Assistance Fund.
Sec. 302. Drought preparedness plans.
Sec. 303. Federal plans.
Sec. 304. State and tribal plans.
Sec. 305. Regional and local plans.
Sec. 306. Plan elements.

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 recreation- and tourism-
        based businesses and 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 of the office.--The term ``Director of the 
        Office'' means the Director of the National Office of Drought 
        Preparedness appointed under section 202(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 301(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 transcends State or Tribal 
        boundaries, or both.
            (8) Lead federal coordinating agencies.--The term ``Lead 
        Federal coordinating agencies'' means the Federal departments 
        and agencies identified in section 101(f)(3).
            (9) Member.--The term ``member'', with respect to the 
        National Drought Council, means a member of the Council 
        specified or appointed under section 101(b) or, in the absence 
        of the member, the member's designee as authorized by such 
        section.
            (10) 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.
            (11) 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 forecasts of drought.
            (12) Neighboring country.--The term ``neighboring country'' 
        means Canada and Mexico.
            (13) Office.--The term ``Office'' means the National Office 
        of Drought Preparedness established under section 301.
            (14) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (15) State.--The term ``State'' means the several States, 
        the District of Columbia, American Samoa, Guam, the 
        Commonwealth of the Northern Mariana Islands, the Commonwealth 
        of Puerto Rico, and the United States Virgin Islands.
            (16) 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.
            (17) Under secretary.--The term ``Under Secretary'' means 
        the Under Secretary of Agriculture for Natural Resources and 
        Environment.
            (18) Watershed.--The term ``watershed'' means a region or 
        area with common hydrology, an area drained by a waterway that 
        drains into a lake or reservoir, the total area above a given 
        point on a stream that contributes water to the flow at that 
        point, or the topographic dividing line from which surface 
        streams flow in two different directions. In no case shall a 
        watershed be larger than a river basin.
            (19) Watershed group.--The term ``watershed group'' means a 
        group of individuals, formally recognized by the appropriate 
        State or States, who represent the broad scope of relevant 
        interests within a watershed and who work together in a 
        collaborative manner to jointly plan the management of the 
        natural resources contained within the watershed.

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--NATIONAL DROUGHT COUNCIL

SEC. 101. MEMBERSHIP AND VOTING.

    (a) In General.--There is established in the Office of the 
Secretary of Agriculture a council to be known as the ``National 
Drought Council''.
    (b) Membership.--
            (1) Composition.--The Council shall be composed of--
                    (A) the Secretary (or the designee of the 
                Secretary);
                    (B) the Secretary of Commerce (or the designee of 
                the Secretary of Commerce);
                    (C) the Secretary of the Army (or the designee of 
                the Secretary of the Army);
                    (D) the Secretary of the Interior (or the designee 
                of the Secretary of the Interior);
                    (E) the Director of the Federal Emergency 
                Management Agency (or the designee of the Director);
                    (F) the Administrator of the Environmental 
                Protection Agency (or the designee of the 
                Administrator);
                    (G) 4 members appointed by the Secretary, in 
                coordination with the National Governors Association, 
                each of whom shall be the Governor of a State (or the 
                designee of the Governor) and who collectively shall 
                represent the geographic diversity of the Nation;
                    (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 non-Federal member of the Council appointed 
        under subparagraphs (G) through (K) of subsection (b)(1) shall 
        be appointed for a term of two 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.
            (3) Terms of members filling vacancies.--Any member 
        appointed to fill a vacancy occurring before the expiration of 
        the term for which the member's predecessor was appointed shall 
        be appointed only for the remainder of that 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) Council Leadership.--
            (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.--The Council members 
                appointed under subparagraphs (G) through (K) of 
                subsection (b)(1) shall select, on a biannual basis, a 
                non-Federal co-chair of the Council from among the 
                members appointed under those subparagraphs.
            (3) Lead federal coordinating agencies.--
                    (A) For the purpose of implementing section 
                102(a)(4), the Secretary of Commerce, in coordination 
                with the Secretary, shall act as the lead Federal 
                coordinating agency.
                    (B) For the purpose of implementing section 
                102(a)(5), section 102(a)(6), and section 302, the 
                Secretary of the Interior and the Secretary of the Army 
                shall jointly act as the lead Federal coordinating 
                agency.
                    (C) For the purpose of implementing section 301, 
                the Secretary, in coordination with the other Lead 
                Federal coordinating agencies, shall act as the lead 
                Federal coordinating agency.
    (g) Director of the Office.--
            (1) In general.--The Director of the Office shall serve as 
        Secretary of the Council.
            (2) Duties.--The Director of the Office shall serve the 
        interests of all members of the Council.
    (h) Cooperation From Other Federal Agencies.--The head of each 
department and agency of the executive branch shall cooperate when 
appropriate with the Lead Federal coordinating agencies to carry out 
the requirements of section 101(f)(3).

SEC. 102. DUTIES OF THE COUNCIL.

    (a) In General.--The Council shall--
            (1) not later than one 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) coordinate and prioritize specific activities that will 
        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) encourage and facilitate the development of drought 
        preparedness plans under subtitle C, including establishing the 
        guidelines under sections 301(c) and 302(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) opportunities for assistance to resource-
                dependent businesses and industries in times of 
                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 recreation and tourism-based industries; 
        and
            (9) watershed groups.
    (c) Reports to Congress.--
            (1) Annual report.--
                    (A) In general.--Not later than one 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 title III.
                            (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 seven 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 of the Council, 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 the first fiscal year beginning on or after the date of 
the enactment of this Act and for each of the subsequent seven fiscal 
years.

SEC. 106. TERMINATION OF COUNCIL.

    The Council shall terminate at the end of the eighth fiscal year 
beginning on or after the date of the enactment of this Act.

           TITLE II--NATIONAL OFFICE OF DROUGHT PREPAREDNESS

SEC. 201. ESTABLISHMENT.

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

SEC. 202. 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 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. 203. DETAIL OF GOVERNMENT EMPLOYEES.

    (a) In General.--Except for the requirements of section 204, an 
employee of the Federal Government may be detailed to the Office 
without reimbursement, unless the Secretary, 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.

SEC. 204. OFFICE PERSONNEL REQUIREMENT.

    (a) In General.--The Office shall have at least 5 full-time staff, 
including the personnel detailed to the Office under subsection (b).
    (b) Detailees.--There shall be detailed to the Office, on a 
nonreimbursable basis--
            (1) by the Director of the Federal Emergency Management 
        Agency, 1 employee of that agency with expertise in emergency 
        planning;
            (2) by the Secretary of Commerce, 1 employee of that 
        department with experience in drought monitoring;
            (3) by the Secretary of the Interior, 1 employee of the 
        Bureau of Reclamation with experience in water planning; and
            (4) by the Secretary of the Army, 1 employee of the Army 
        Corps of Engineers with experience in water planning.

                 TITLE III--DROUGHT PREPAREDNESS PLANS

SEC. 301. DROUGHT ASSISTANCE FUND.

    (a) Establishment.--There is established within the Department of 
Agriculture 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 title III;
            (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 of the Council and with the concurrence of 
        the Council, shall develop and promulgate guidelines to 
        implement this section.
            (2) Requirements.--The guidelines shall address the 
        following:
                    (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 distribution of amounts from the 
                Fund granted to States, local governments, watershed 
                groups, and critical service providers to meet the 
                requirements of subsection (b)(1) be coordinated with 
                and managed by the State in which such local government 
                or critical service provider is located, consistent 
                with the drought preparedness priorities and relevant 
                water management plans within the State.
                    (F) Require that distribution of amounts from the 
                Fund granted to Indian tribes to meet the requirements 
                of subsection (b)(1) be used to implement plans that 
                are, to the extent practicable, in coordination with 
                each State in which lands of the Indian tribe are 
                located and consistent with existing drought 
                preparedness and water management plans of such States.
                    (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) cover not less than 25 
                percent of the overall cost incurred in carrying out 
                the project for which the Federal funds are provided. 
                This cost sharing requirement may be satisfied using 
                non-Federal grants or cash donations made by non-
                Federal third parties.
    (d) Special Requirement for Interstate Watersheds.--
            (1) Development of drought preparedness plans.--In order to 
        receive funds under subsection (b)(1) to develop drought 
        preparedness plans for interstate watersheds, the guidelines 
        shall also require the relevant States, Indian tribes, or both, 
        in which the watershed is located, to coordinate in the 
        development of the drought preparedness plan. The development 
        of such plans shall--
                    (A) be consistent with the relevant States' and 
                Tribal water laws, policies, and agreements;
                    (B) be consistent and coordinated with any existing 
                interstate stream compacts;
                    (C) include the participation of any relevant 
                watershed groups located in the relevant States, Indian 
                tribes, or both; and
                    (D) recognize that implementation of the interstate 
                drought preparedness plan will involve further 
                coordination among the relevant States, Indian tribes, 
                or both, except that each State and Indian tribe has 
                sole jurisdiction over implementation of that portion 
                of the watershed that exists within their boundaries.
            (2) Implementation of drought preparedness plans.--In order 
        to receive funds under subsection (b)(1) to implement drought 
        preparedness plans for interstate watersheds, the guidelines 
        shall also require, to the extent practicable, the relevant 
        States, Indian tribes, or both, in which the watershed is 
        located, to coordinate in the implementation of the drought 
        preparedness plan, recognizing the sovereignty of the States 
        and Indian tribes. Implementation of interstate drought 
        preparedness plans under subsection (b)(1) shall--
                    (A) be contingent upon the existence of a drought 
                preparedness plan, but not require the distribution of 
                funds to all States and Indian tribes in which the 
                watershed is located;
                    (B) consider the level of impact within the 
                watershed on each of the relevant States, Indian 
                tribes, or both; and
                    (C) not impede on State water rights established as 
                of the date of enactment of this Act.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Fund such sums as are necessary to carry out 
subsection (b).

SEC. 302. DROUGHT PREPAREDNESS PLANS.

    (a) In General.--The Secretary of the Interior and the Secretary of 
the Army shall--
            (1) with the concurrence of the Council, jointly develop 
        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; and
            (2) promulgate the guidelines developed under paragraph 
        (1).
    (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. 303. 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 two years after the 
        date of the enactment of this Act.

SEC. 304. 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. 305. 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. 306. PLAN ELEMENTS.

    The drought preparedness plans developed under this title--
            (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.
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