[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 802 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 802

   To establish a National Drought Council within the Department of 
Agriculture, to improve national drought preparedness, mitigation, and 
               response efforts, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 14, 2005

  Mr. Domenici (for himself, Mr. Baucus, Mr. Burns, Mr. Johnson, Mr. 
Roberts, Mr. Bingaman, Mr. Allard, Mr. Wyden, Mr. Smith, Mr. Hagel, and 
Mr. Brownback) introduced the following bill; which was read twice and 
   referred to the Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
   To establish a National Drought Council within the Department of 
Agriculture, to improve national drought preparedness, mitigation, and 
               response efforts, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``National Drought 
Preparedness Act of 2005''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1 Short title; table of contents.
Sec. 2 Findings.
Sec. 3 Definitions.
Sec. 4 Effect of Act.
                     TITLE I--DROUGHT PREPAREDNESS

                  Subtitle A--National Drought Council

Sec. 101 Membership and voting.
Sec. 102 Duties of the Council.
Sec. 103 Powers of the Council.
Sec. 104 Council personnel matters.
Sec. 105 Authorization of appropriations.
Sec. 106 Termination of Council.
          Subtitle B--National Office of Drought Preparedness

Sec. 111 Establishment.
Sec. 112 Director of the Office.
Sec. 113 Office staff.
                 Subtitle C--Drought preparedness plans

Sec. 121 Drought Assistance Fund.
Sec. 122 Drought preparedness plans.
Sec. 123 Federal plans.
Sec. 124 State and tribal plans.
Sec. 125 Regional and local plans.
Sec. 126 Plan elements.
                     TITLE II--WILDFIRE SUPPRESSION

Sec. 201 Grants for prepositioning wildfire suppression resources.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) drought is a natural disaster;
            (2) regional drought disasters in the United States cause 
        serious economic and environmental losses, yet there is no 
        national policy to ensure an integrated and coordinated Federal 
        strategy to prepare for, mitigate, or respond to such losses;
            (3) drought has an adverse effect on resource-dependent 
        businesses and industries (including the recreation and tourism 
        industries);
            (4) State, tribal, and local governments have to increase 
        coordinated efforts with each Federal agency involved in 
        drought monitoring, planning, mitigation, and response;
            (5) effective drought monitoring--
                    (A) is a critical component of drought preparedness 
                and mitigation; and
                    (B) requires a comprehensive, integrated national 
                program that is capable of providing reliable, 
                accessible, and timely information to persons involved 
                in drought planning, mitigation, and response 
                activities;
            (6) the National Drought Policy Commission was established 
        in 1998 to provide advice and recommendations on the creation 
        of an integrated, coordinated Federal policy designed to 
        prepare for and respond to serious drought emergencies;
            (7) according to the report issued by the National Drought 
        Policy Commission in May 2000, the guiding principles of 
        national drought policy should be--
                    (A) to favor preparedness over insurance, insurance 
                over relief, and incentives over regulation;
                    (B) to establish research priorities based on the 
                potential of the research to reduce drought impacts;
                    (C) to coordinate the delivery of Federal services 
                through collaboration with State and local governments 
                and other non-Federal entities; and
                    (D) to improve collaboration among scientists and 
                managers; and
            (8) the National Drought Council, in coordination with 
        Federal agencies and State, tribal, and local governments, 
        should provide the necessary direction, coordination, guidance, 
        and assistance in developing a comprehensive drought 
        preparedness system.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Council.--The term ``Council'' means the National 
        Drought Council established by section 101(a).
            (2) Critical service provider.--The term ``critical service 
        provider'' means an entity that provides power, water 
        (including water provided by an irrigation organization or 
        facility), sewer services, or wastewater treatment.
            (3) Director.--The term ``Director'' means the Director of 
        the Office appointed under section 112(a).
            (4) Drought.--The term ``drought'' means a natural disaster 
        that is caused by a deficiency in precipitation--
                    (A) that may lead to a deficiency in surface and 
                subsurface water supplies (including rivers, streams, 
                wetlands, ground water, soil moisture, reservoir 
                supplies, lake levels, and snow pack); and
                    (B) that causes or may cause--
                            (i) substantial economic or social impacts; 
                        or
                            (ii) physical damage or injury to 
                        individuals, property, or the environment.
            (5) Fund.--The term ``Fund'' means the Drought Assistance 
        Fund established by section 121(a).
            (6) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (7) Interstate watershed.--The term ``interstate 
        watershed'' means a watershed that crosses a State or tribal 
        boundary.
            (8) Mitigation.--The term ``mitigation'' means a short- or 
        long-term action, program, or policy that is implemented in 
        advance of or during a drought to minimize any risks and 
        impacts of drought.
            (9) National integrated drought information system.--The 
        term ``National Integrated Drought Information System'' means a 
        comprehensive system that collects and integrates information 
        on the key indicators of drought, including stream flow, ground 
        water levels, reservoir levels, soil moisture, snow pack, and 
        climate (including precipitation and temperature), in order to 
        make usable, reliable, and timely assessments of drought, 
        including the severity of drought and drought forecasts.
            (10) Neighboring country.--The term ``neighboring country'' 
        means Canada and Mexico.
            (11) Office.--The term ``Office'' means the National Office 
        of Drought Preparedness established under section 111.
            (12) Secretary.--The term ``Secretary'' means the Secretary 
        of Agriculture.
            (13) State.--The term ``State'' means--
                    (A) each of the several States of the United 
                States;
                    (B) the District of Columbia;
                    (C) the Commonwealth of Puerto Rico;
                    (D) Guam;
                    (E) American Samoa;
                    (F) the Commonwealth of the Northern Mariana 
                Islands;
                    (G) the Federated States of Micronesia;
                    (H) the Republic of the Marshall Islands;
                    (I) the Republic of Palau; and
                    (J) the United States Virgin Islands.
            (14) Trigger.--The term ``trigger'' means the thresholds or 
        criteria that must be satisfied before mitigation or emergency 
        assistance may be provided to an area--
                    (A) in which drought is emerging; or
                    (B) that is experiencing a drought.
            (15) Under secretary.--The term ``Under Secretary'' means 
        the Under Secretary of Agriculture for Natural Resources and 
        Environment.
            (16) United states.--The term ``United States'', when used 
        in a geographical sense, means all of the States.
            (17) Watershed.--
                    (A) In general.--The term ``watershed'' means--
                            (i) a region or area with common hydrology;
                            (ii) an area drained by a waterway that 
                        drains into a lake or reservoir;
                            (iii) the total area above a designated 
                        point on a stream that contributes water to the 
                        flow at the designated point; or
                            (iv) the topographic dividing line from 
                        which surface streams flow in 2 different 
                        directions.
                    (B) Exclusion.--The term ``watershed'' does not 
                include a region or area described in subparagraph (A) 
                that is larger than a river basin.
            (18) Watershed group.--The term ``watershed group'' means a 
        group of individuals that--
                    (A) represents the broad scope of relevant 
                interests in a watershed; and
                    (B) works in a collaborative manner to jointly plan 
                the management of the natural resources in the 
                watershed; and
                    (C) is formally recognized by each of the States in 
                which the watershed lies.

SEC. 4. EFFECT OF ACT.

    This Act does not affect--
            (1) the authority of a State to allocate quantities of 
        water under the jurisdiction of the State; or
            (2) any State water rights established as of the date of 
        enactment of this Act.

                     TITLE I--DROUGHT PREPAREDNESS

                  Subtitle A--National Drought Council

SEC. 101. MEMBERSHIP AND VOTING.

    (a) In General.--There is established in the Office of the 
Secretary a council to be known as the ``National Drought Council''.
    (b) Membership.--
            (1) Composition.--The Council shall be composed of--
                    (A) the Secretary;
                    (B) the Secretary of Commerce;
                    (C) the Secretary of the Army;
                    (D) the Secretary of the Interior;
                    (E) the Director of the Federal Emergency 
                Management Agency;
                    (F) the Administrator of the Environmental 
                Protection Agency;
                    (G) 4 members appointed by the Secretary, in 
                coordination with the National Governors Association--
                            (i) who shall each be a Governor of a 
                        State; and
                            (ii) who shall collectively represent the 
                        geographic diversity of the United States;
                    (H) 1 member appointed by the Secretary, in 
                coordination with the National Association of Counties;
                    (I) 1 member appointed by the Secretary, in 
                coordination with the United States Conference of 
                Mayors;
                    (J) 1 member appointed by the Secretary of the 
                Interior, in coordination with Indian tribes, to 
                represent the interests of tribal governments; and
                    (K) 1 member appointed by the Secretary, in 
                coordination with the National Association of 
                Conservation Districts, to represent local soil and 
                water conservation districts.
            (2) Date of appointment.--The appointment of each member of 
        the Council shall be made not later than 120 days after the 
        date of enactment of this Act.
    (c) Term; Vacancies.--
            (1) Term.--
                    (A) In general.--Except as provided in subparagraph 
                (B), a member of the Council shall serve for the life 
                of the Council.
                    (B) Exception.--A member of the Council appointed 
                under subparagraphs (G) through (K) of subsection 
                (b)(1) shall be appointed for a term of 2 years.
            (2) Vacancies.--
                    (A) In general.--A vacancy on the Council--
                            (i) shall not affect the powers of the 
                        Council; and
                            (ii) shall be filled in the same manner as 
                        the original appointment was made.
                    (B) Duration of appointment.--A member appointed to 
                fill a vacancy occurring before the expiration of the 
                term for which the predecessor was appointed shall be 
                appointed only for the remainder of the term.
    (d) Meetings.--
            (1) In general.--The Council shall meet at the call of the 
        co-chairs.
            (2) Frequency.--The Council shall meet at least 
        semiannually.
    (e) Quorum.--A majority of the members of the Council, including a 
designee of a member, shall constitute a quorum, but a lesser number 
may hold hearings or conduct other business.
    (f) Co-chairs.--
            (1) In general.--There shall be a Federal co-chair and non-
        Federal co-chair of the Council.
            (2) Appointment.--
                    (A) Federal co-chair.--The Secretary shall be 
                Federal co-chair.
                    (B) Non-federal co-chair.--Every 2 years, the 
                Council members appointed under subparagraphs (G) 
                through (K) of subsection (b)(1) shall select a non-
                Federal co-chair from among the members appointed under 
                those subparagraphs.
    (g) Director.--
            (1) In general.--The Director shall serve as Director of 
        the Council.
            (2) Duties.--The Director shall serve the interests of all 
        members of the Council.

SEC. 102. DUTIES OF THE COUNCIL.

    (a) In General.--The Council shall--
            (1) not later than 1 year after the date of the first 
        meeting of the Council, develop a comprehensive National 
        Drought Policy Action Plan that--
                    (A)(i) delineates and integrates responsibilities 
                for activities relating to drought (including drought 
                preparedness, mitigation, research, risk management, 
                training, and emergency relief) among Federal agencies; 
                and
                    (ii) ensures that those activities are coordinated 
                with the activities of the States, local governments, 
                Indian tribes, and neighboring countries;
                    (B) is consistent with--
                            (i) this Act and other applicable Federal 
                        laws; and
                            (ii) the laws and policies of the States 
                        for water management;
                    (C) is integrated with drought management programs 
                of the States, Indian tribes, local governments, 
                watershed groups, and private entities; and
                    (D) avoids duplicating Federal, State, tribal, 
                local, watershed, and private drought preparedness and 
                monitoring programs in existence on the date of 
                enactment of this Act;
            (2) evaluate Federal drought-related programs in existence 
        on the date of enactment of this Act and make recommendations 
        to Congress and the President on means of eliminating--
                    (A) discrepancies between the goals of the programs 
                and actual service delivery;
                    (B) duplication among programs; and
                    (C) any other circumstances that interfere with the 
                effective operation of the programs;
            (3) make recommendations to the President, Congress, and 
        appropriate Federal Agencies on--
                    (A) the establishment of common interagency 
                triggers for authorizing Federal drought mitigation 
                programs; and
                    (B) improving the consistency and fairness of 
                assistance among Federal drought relief programs;
            (4) in conjunction with the Secretary of Commerce, 
        coordinate and prioritize specific activities to establish and 
        improve the National Integrated Drought Information System by--
                    (A) taking into consideration the limited resources 
                for--
                            (i) drought monitoring, prediction, and 
                        research activities; and
                            (ii) water supply forecasting; and
                    (B) providing for the development of an effective 
                drought early warning system that--
                            (i) communicates drought conditions and 
                        impacts to--
                                    (I) decisionmakers at the Federal, 
                                regional, State, tribal, and local 
                                levels of government;
                                    (II) the private sector; and
                                    (III) the public; and
                            (ii) includes near-real-time data, 
                        information, and products developed at the 
                        Federal, regional, State, tribal, and local 
                        levels of government that reflect regional and 
                        State differences in drought conditions;
            (5) in conjunction with the Secretary of the Army and the 
        Secretary of the Interior--
                    (A) encourage and facilitate the development of 
                drought preparedness plans under subtitle C, including 
                establishing the guidelines under sections 121(c) and 
                122(a); and
                    (B) based on a review of drought preparedness 
                plans, develop and make available to the public drought 
                planning models to reduce water resource conflicts 
                relating to water conservation and droughts;
            (6) develop and coordinate public awareness activities to 
        provide the public with access to understandable, and 
        informative materials on drought, including--
                    (A) explanations of the causes of drought, the 
                impacts of drought, and the damages from drought;
                    (B) descriptions of the value and benefits of land 
                stewardship to reduce the impacts of drought and to 
                protect the environment;
                    (C) clear instructions for appropriate responses to 
                drought, including water conservation, water reuse, and 
                detection and elimination of water leaks;
                    (D) information on State and local laws applicable 
                to drought; and
                    (E) information on the assistance available to 
                resource-dependent businesses and industries during a 
                drought; and
            (7) establish operating procedures for the Council.
    (b) Consultation.--In carrying out this section, the Council shall 
consult with groups affected by drought emergencies, including groups 
that represent--
            (1) agricultural production, wildlife, and fishery 
        interests;
            (2) forestry and fire management interests;
            (3) the credit community;
            (4) rural and urban water associations;
            (5) environmental interests;
            (6) engineering and construction interests;
            (7) the portion of the science community that is concerned 
        with drought and climatology;
            (8) resource-dependent businesses and other private 
        entities (including the recreation and tourism industries); and
            (9) watershed groups.
    (c) Agency Roles and Responsibilities.--
            (1) Designation of lead agencies.--
                    (A) Department of commerce.--The Department of 
                Commerce shall be the lead agency for purposes of 
                implementing subsection (a)(4).
                    (B) Departments of the army and the interior.--The 
                Department of the Army and the Department of the 
                Interior shall jointly be the lead agency for purposes 
                of implementing--
                            (i) paragraphs (5) and (6) of section 
                        subsection (a); and
                            (ii) section 122.
                    (C) Department of agriculture.--The Department of 
                Agriculture, in cooperation with the lead agencies 
                designated under subparagraphs (A) and (B), shall be 
                the lead agency for purposes of implementing section 
                121.
            (2) Cooperation from other federal agencies.--The head of 
        each Federal agency shall cooperate as appropriate with the 
        lead agencies in carrying out any duties under this Act.
    (d) Reports to Congress.--
            (1) Annual report.--
                    (A) In general.--Not later than 1 year after the 
                date of the first meeting of the Council, and annually 
                thereafter, the Council shall submit to Congress a 
                report on the activities carried out under this title.
                    (B) Inclusions.--
                            (i) In general.--The annual report shall 
                        include a summary of drought preparedness plans 
                        completed under sections 123 through 125.
                            (ii) Initial report.--The initial report 
                        submitted under subparagraph (A) shall include 
                        any recommendations of the Council under 
                        paragraph (2) or (3) of subsection (a).
            (2) Final report.--Not later than 7 years after the date of 
        enactment of this Act, the Council shall submit to Congress a 
        report that recommends--
                    (A) amendments to this Act; and
                    (B) whether the Council should continue.

SEC. 103. POWERS OF THE COUNCIL.

    (a) Hearings.--The Council may hold hearings, meet and act at any 
time and place, take any testimony and receive any evidence that the 
Council considers advisable to carry out this title.
    (b) Information From Federal Agencies.--
            (1) In general.--The Council may obtain directly from any 
        Federal agency any information that the Council considers 
        necessary to carry out this title.
            (2) Provision of information.--
                    (A) In general.--Except as provided in subparagraph 
                (B), on request of the Secretary or the non-Federal co-
                chair, the head of a Federal agency may provide 
                information to the Council.
                    (B) Limitation.--The head of a Federal agency shall 
                not provide any information to the Council that the 
                Federal agency head determines the disclosure of which 
                may cause harm to national security interests.
    (c) Postal Services.--The Council may use the United States mail in 
the same manner and under the same conditions as other agencies of the 
Federal Government.
    (d) Gifts.--The Council may accept, use, and dispose of gifts or 
donations of services or property.
    (e) Federal Facilities.--If the Council proposes the use of a 
Federal facility for the purposes of carrying out this title, the 
Council shall solicit and consider the input of the Federal agency with 
jurisdiction over the facility.

SEC. 104. COUNCIL PERSONNEL MATTERS.

    (a) Compensation of Members.--
            (1) Non-federal employees.--A member of the Council who is 
        not an officer or employee of the Federal Government shall 
        serve without compensation.
            (2) Federal employees.--A member of the Council who is an 
        officer or employee of the United States shall serve without 
        compensation in addition to the compensation received for 
        services of the member as an officer or employee of the Federal 
        Government.
    (b) Travel Expenses.--A member of the Council shall be allowed 
travel expenses at rates authorized for an employee of an agency under 
subchapter I of chapter 57 of title 5, United States Code, while away 
from the home or regular place of business of the member in the 
performance of the duties of the Council.

SEC. 105. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to carry out this title 
$2,000,000 for each of the 7 fiscal years after the date of enactment 
of this Act.

SEC. 106. TERMINATION OF COUNCIL.

    The Council shall terminate 8 years after the date of enactment of 
this Act.

          Subtitle B--National Office of Drought Preparedness

SEC. 111. ESTABLISHMENT.

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

SEC. 112. DIRECTOR OF THE OFFICE.

    (a) Appointment.--
            (1) In general.--The Under Secretary shall appoint a 
        Director of the Office under sections 3371 through 3375 of 
        title 5, United States Code.
            (2) Qualifications.--The Director shall be a person who has 
        experience in--
                    (A) public administration; and
                    (B) drought mitigation or drought management.
    (b) Powers.--The Director may hire such other additional personnel 
or contract for services with other entities as necessary to carry out 
the duties of the Office.

SEC. 113. OFFICE STAFF.

    (a) In General.--The Office shall have at least 5 full-time staff, 
including the detailees detailed under subsection (b)(1).
    (b) Detailees.--
            (1) Required detailees.--There shall be detailed to the 
        Office, on a nonreimbursable basis--
                    (A) by the Director of the Federal Emergency 
                Management Agency, 1 employee of the Federal Emergency 
                Management Agency with expertise in emergency planning;
                    (B) by the Secretary of Commerce, 1 employee of the 
                Department of Commerce with experience in drought 
                monitoring;
                    (C) by the Secretary of the Interior, 1 employee of 
                the Bureau of Reclamation with experience in water 
                planning; and
                    (D) by the Secretary of the Army, 1 employee of the 
                Army Corps of Engineers with experience in water 
                planning.
            (2) Additional detailees.--
                    (A) In general.--In addition to any employees 
                detailed under paragraph (1), any other employees of 
                the Federal Government may be detailed to the Office.
                    (B) Reimbursement.--An employee detailed under 
                subparagraph (A) shall be detailed without 
                reimbursement, unless the Secretary, on the 
                recommendation of the Director, determines that 
                reimbursement is appropriate.
            (3) Civil service status.--The detail of an employee under 
        paragraph (1) or (2) shall be without interruption or loss of 
        civil service status or privilege.

                 Subtitle C--Drought Preparedness Plans

SEC. 121. DROUGHT ASSISTANCE FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States a fund to be known as the ``Drought Assistance Fund''.
    (b) Purpose.--The Fund shall be used to pay the costs of--
            (1) providing technical and financial assistance (including 
        grants and cooperative assistance) to States, Indian tribes, 
        local governments, watershed groups, and critical service 
        providers for the development and implementation of drought 
        preparedness plans under sections 123 through 125;
            (2) providing to States, Indian tribes, local governments, 
        watershed groups, and critical service providers the Federal 
        share, as determined by the Secretary, in consultation with the 
        other members of the Council, of the cost of mitigating the 
        overall risk and impacts of droughts;
            (3) assisting States, Indian tribes, local governments, 
        watershed groups, and critical service providers in the 
        development of mitigation measures to address environmental, 
        economic, and human health and safety issues relating to 
        drought;
            (4) expanding the technology transfer of drought and water 
        conservation strategies and innovative water supply techniques;
            (5) developing post-drought evaluations and 
        recommendations; and
            (6) supplementing, if necessary, the costs of implementing 
        actions under section 102(a)(4).
    (c) Guidelines.--
            (1) In general.--The Secretary, in consultation with the 
        non-Federal co-chair and with the concurrence of the Council, 
        shall promulgate guidelines to implement this section.
            (2) General requirements.--The guidelines shall--
                    (A) ensure the distribution of amounts from the 
                Fund within a reasonable period of time;
                    (B) take into consideration regional differences;
                    (C) take into consideration all impacts of drought 
                in a balanced manner;
                    (D) prohibit the use of amounts from the Fund for 
                Federal salaries that are not directly related to the 
                provision of drought assistance;
                    (E) require that amounts from the Fund provided to 
                States, local governments, watershed groups, and 
                critical service providers under subsection (b)(1) be 
                coordinated with and managed by the State in which the 
                local governments, watershed groups, or critical 
                service providers are located, consistent with the 
                drought preparedness priorities and relevant water 
                management plans in the State;
                    (F) require that amounts from the Fund provided to 
                Indian tribes under subsection (b)(1) be used to 
                implement plans that are, to the maximum extent 
                practicable--
                            (i) coordinated with any State in which 
                        land of the Indian tribe is located; and
                            (ii) consistent with existing drought 
                        preparedness and water management plans of the 
                        State; and
                    (G) require that a State, Indian tribe, local 
                government, watershed group, or critical service 
                provider that receives Federal funds under paragraph 
                (2) or (3) of subsection (b) pay, using amounts made 
                available through non-Federal grants, cash donations 
                made by non-Federal persons or entities, or any other 
                non-Federal funds, not less than 25 percent of the 
                total cost of carrying out a project for which Federal 
                funds are provided under this Act.
            (3) Special requirements applicable to interstate 
        watersheds.--
                    (A) Development of drought preparedness plans.--The 
                guidelines promulgated under paragraph (1) shall 
                require that, to receive financial assistance under 
                subsection (b)(1) for the development of drought 
                preparedness plans for interstate watersheds, the 
                States or Indian tribes in which the interstate 
                watershed is located shall--
                            (i) cooperate in the development of the 
                        plan; and
                            (ii) in developing the plan--
                                    (I) ensure that the plan is 
                                consistent with any applicable State 
                                and tribal water laws, policies, and 
                                agreements;
                                    (II) ensure that the plan is 
                                consistent and coordinated with any 
                                interstate stream compacts;
                                    (III) include the participation of 
                                any appropriate watershed groups; and
                                    (IV) recognize that while 
                                implementation of the plan will involve 
                                further coordination among the 
                                appropriate States and Indian tribes, 
                                each State and Indian tribe has sole 
                                jurisdiction over implementation of the 
                                portion of the watershed within the 
                                State or tribal boundaries.
                    (B) Implementation of drought preparedness plans.--
                The guidelines promulgated under paragraph (1) shall 
                require that, to receive financial assistance under 
                subsection (b)(1) for the implementation of drought 
                preparedness plans for interstate watersheds, the 
                States or Indian tribes in which the interstate 
                watershed is located shall, to the maximum extent 
                practicable--
                            (i) cooperate in implementing the plan;
                            (ii) in implementing the plan--
                                    (I) provide that the distribution 
                                of funds to all States and Indian 
                                tribes in which the watershed is 
                                located is not required; and
                                    (II) consider the level of impact 
                                within the watershed on the affected 
                                States or Indian tribes; and
                            (iii) ensure that implementation of the 
                        plan does not interfere with State water rights 
                        in existence on the date of enactment of this 
                        Act.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Fund such sums as are necessary to carry out 
subsection (b).

SEC. 122. DROUGHT PREPAREDNESS PLANS.

    (a) In General.--The Secretary of the Interior and the Secretary of 
the Army shall, with the concurrence of the Council, jointly promulgate 
guidelines for administering a national program to provide technical 
and financial assistance to States, Indian tribes, local governments, 
watershed groups, and critical service providers for the development, 
maintenance, and implementation of drought preparedness plans.
    (b) Requirements.--To build on the experience and avoid duplication 
of efforts of Federal, State, local, tribal, and regional drought plans 
in existence on the date of enactment of this Act, the guidelines may 
recognize and incorporate those plans.

SEC. 123. FEDERAL PLANS.

    (a) In General.--The Secretary, the Secretary of the Interior, the 
Secretary of the Army, and other appropriate Federal agency heads shall 
develop and implement Federal drought preparedness plans for agencies 
under the jurisdiction of the appropriate Federal agency head.
    (b) Requirements.--The Federal plans--
            (1) shall be integrated with each other;
            (2) may be included as components of other Federal planning 
        requirements;
            (3) shall be integrated with drought preparedness plans of 
        State, tribal, and local governments that are affected by 
        Federal projects and programs; and
            (4) shall be completed not later than 2 years after the 
        date of enactment of this Act.

SEC. 124. STATE AND TRIBAL PLANS.

    States and Indian tribes may develop and implement State and tribal 
drought preparedness plans that--
            (1) address monitoring of resource conditions that are 
        related to drought;
            (2) identify areas that are at a high risk for drought;
            (3) describes mitigation strategies to address and reduce 
        the vulnerability of an area to drought; and
            (4) are integrated with State, tribal, and local water 
        plans in existence on the date of enactment of this Act.

SEC. 125. REGIONAL AND LOCAL PLANS.

    Local governments, watershed groups, and regional water providers 
may develop and implement drought preparedness plans that--
            (1) address monitoring of resource conditions that are 
        related to drought;
            (2) identify areas that are at a high risk for drought;
            (3) describe mitigation strategies to address and reduce 
        the vulnerability of an area to drought; and
            (4) are integrated with corresponding State plans.

SEC. 126. PLAN ELEMENTS.

    The drought preparedness plans developed under sections 123 through 
125--
            (1) shall be consistent with Federal and State laws, 
        contracts, and policies;
            (2) shall allow each State to continue to manage water and 
        wildlife in the State;
            (3) shall address the health, safety, and economic 
        interests of those persons directly affected by drought;
            (4) shall address the economic impact on resource-dependent 
        businesses and industries, including regional tourism;
            (5) may include--
                    (A) provisions for water management strategies to 
                be used during various drought or water shortage 
                thresholds, consistent with State water law;
                    (B) provisions to address key issues relating to 
                drought (including public health, safety, economic 
                factors, and environmental issues such as water 
                quality, water quantity, protection of threatened and 
                endangered species, and fire management);
                    (C) provisions that allow for public participation 
                in the development, adoption, and implementation of 
                drought plans;
                    (D) provisions for periodic drought exercises, 
                revisions, and updates;
                    (E) a hydrologic characterization study to 
                determine how water is being used during times of 
                normal water supply availability to anticipate the 
                types of drought mitigation actions that would most 
                effectively improve water management during a drought;
                    (F) drought triggers;
                    (G) specific implementation actions for droughts;
                    (H) a water shortage allocation plan, consistent 
                with State water law; and
                    (I) comprehensive insurance and financial 
                strategies to manage the risks and financial impacts of 
                droughts; and
            (6) shall take into consideration--
                    (A) the financial impact of the plan on the ability 
                of the utilities to ensure rate stability and revenue 
                stream; and
                    (B) economic impacts from water shortages.

                     TITLE II--WILDFIRE SUPPRESSION

SEC. 201. GRANTS FOR PREPOSITIONING WILDFIRE SUPPRESSION RESOURCES.

    Title II of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5131 et seq.) is amended by adding at the end 
the following:

``SEC. 205. GRANTS FOR PREPOSITIONING WILDFIRE SUPPRESSION RESOURCES.

    ``(a) Findings and Purpose.--
            ``(1) Findings.--Congress finds that--
                    ``(A) droughts increase the risk of catastrophic 
                wildfires that--
                            ``(i) drastically alter and otherwise 
                        adversely affect the landscape for communities 
                        and the environment;
                            ``(ii) because of the potential of such 
                        wildfires to overwhelm State wildfire 
                        suppression resources, require a coordinated 
                        response among States, Federal agencies, and 
                        neighboring countries; and
                            ``(iii) result in billions of dollars in 
                        losses each year;
                    ``(B) the Federal Government must, to the maximum 
                extent practicable, prevent and suppress such 
                catastrophic wildfires to protect human life and 
                property;
                    ``(C) not taking into account State, local, and 
                private wildfire suppression costs, during the period 
                of 2000 through 2004, the Federal Government expended 
                more than $5,800,000,000 for wildfire suppression 
                costs, at an average annual cost of almost 
                $1,200,000,000;
                    ``(D) since 1980, 2.8 percent of Federal wildfires 
                have been responsible for an average annual cost to the 
                Forest Service of more than $350,000,000;
                    ``(E) the Forest Service estimates that annual 
                national mobilization costs are between $40,000,000 and 
                $50,000,000;
                    ``(F) saving 10 percent of annual national 
                mobilization costs through more effective use of local 
                resources would reduce costs by $4,000,000 to 
                $5,000,000 each year;
                    ``(G) it is more cost-effective to prevent 
                wildfires by prepositioning wildfire fighting resources 
                to catch flare-ups than to commit millions of dollars 
                to respond to large uncontrollable fires; and
                    ``(H) it is in the best interest of the United 
                States to invest in catastrophic wildfire prevention 
                and mitigation by easing the financial burden of 
                prepositioning wildfire suppression resources.
            ``(2) Purpose.--The purpose of this section is to encourage 
        the mitigation and prevention of wildfires by providing 
        financial assistance to States for prepositioning of wildfire 
        suppression resources.
    ``(b) Authorization.--Subject to the availability of funds, the 
Director of the Federal Emergency Management Agency (referred to in 
this section as the `Director') shall reimburse a State for the cost of 
prepositioning wildfire suppression resources on potential multiple and 
large fire complexes when the Director determines, in accordance with 
the national and regional severity indices contained in the Forest 
Service handbook entitled `Interagency Standards for Fire and Fire 
Aviation Operations', that a wildfire event poses a threat to life and 
property in the area.
    ``(c) Eligibility.--Wildfire suppression resources of the Federal 
Government, neighboring countries, and any State other than the State 
requesting assistance are eligible for reimbursement under this 
section.
    ``(d) Reimbursement.--
            ``(1) In general.--The Director may reimburse a State for 
        the costs of prepositioning of wildfire suppression resources 
        of the entities specified in subsection (c), including 
        mobilization to, and demobilization from, the staging or 
        prepositioning area.
            ``(2) Requirements.--For a State to receive reimbursement 
        under paragraph (1)--
                    ``(A) any resource provided by an entity specified 
                in subsection (c) shall have been specifically 
                requested by the State seeking reimbursement; and
                    ``(B) staging or prepositioning costs--
                            ``(i) shall be expended during the approved 
                        prepositioning period; and
                            ``(ii) shall be reasonable.
            ``(3) Limitation.--The amount of all reimbursements made 
        under this subsection during any year shall not exceed 
        $50,000,000.''.
                                 <all>