[Congressional Record Volume 151, Number 44 (Thursday, April 14, 2005)]
[Senate]
[Pages S3675-S3680]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By 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):
  S. 802. 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; to the 
Committee on Agriculture, Nutrition, and Forestry.
  Mr. DOMENICI1. Mr. President, I rise today to introduce The National 
Drought Preparedness Act of 2005. First off, I would like to thank 
Senator Baucus. As the lead cosponsor, his strong leadership and hard 
work on this bill has been a tremendous help.
  Drought is a unique emergency situation; it creeps in unlike other 
abrupt weather disasters. Without a national drought policy we 
constantly live not knowing what the next year will bring. 
Unfortunately, when we find ourselves facing a drought, towns often 
scramble to drill new water wells, fires often sweep across bone dry 
forests and farmers and ranchers are forced to watch their way of life 
blow away with the dust.
  We must be vigilant and prepare ourselves for quick action when the 
next drought cycle begins. Better planning on our part could limit some 
of the damage felt by drought. I submit that this bill is the exact 
tool needed for facilitating better planning.
  This Act establishes a National Drought Council within the Department 
of Agriculture to improve national drought preparedness, mitigation and 
response efforts. The National Drought Council will formulate 
strategies to alleviate the effects of drought by fostering a greater 
understanding of what triggers wide-spread drought conditions. By 
educating the public in water conservation and proper land stewardship, 
we can ensure a better preparedness when future drought plagues our 
country.
  The impacts of drought are also very costly. According to NOAA, there 
have been 12 different drought events since 1980 that resulted in 
damages and costs exceeding $1 billion each. In 2000, severe drought in 
the South-Central and Southeastern states caused losses to agriculture 
and related industries of over $4 billion. Western wildfires that year 
totaled over $2 billion in damages. The Eastern drought in 1999 led to 
$1 billion in losses. These are just a few of the statistics.
  While drought affects the economic and environmental well being of 
the entire nation, the United States has lacked a cohesive strategy for 
dealing with serious drought emergencies. As many of you know, the 
impact of drought emerges gradually rather than suddenly as is the case 
with other natural disasters.
  I am pleased to be following through on what I started in 1997. The 
bill that we are introducing today is the next step in implementing a 
national, cohesive drought policy. The bill recognizes that drought is 
a recurring phenomenon that causes serious economic and environmental 
loss and that a national drought policy is needed to ensure an 
integrated, coordinated strategy.
  The National Drought Preparedness Act of 2005 does the following: It 
creates national policy for drought. This will hopefully move the 
country away from the costly, ad hoc, response-oriented approach to 
drought, and move us toward a pro-active, preparedness approach. The 
new national policy would provide the tools and focus, similar to the 
Stafford Act, for Federal, State, tribal and local governments to 
address the diverse impacts and costs caused by drought.
  The Bill would improve delivery of federal drought programs. This 
would ensure improved program delivery, integration and leadership. To 
achieve this intended purpose, the bill establishes the National 
Drought Council, designating USDA as the lead federal agency. The 
Council and USDA would provide the coordinating and integrating 
function for federal drought programs, much like FEMA provides that 
function for other natural disasters under the Stafford Act.
  The Act will provide new tools for drought preparedness planning. 
Building on existing policy and planning processes, the bill would 
assist states, local governments, tribes, and other entities in the 
development and implementation of drought preparedness plans. The bill 
does not mandate state and local planning, but is intended to 
facilitate plan development and implementation through establishment of 
the Drought Assistance Fund.
  The bill would improve forecasting & monitoring by facilitating the 
development of the National Drought Monitoring Network in order to 
improve the characterization of current drought conditions and the 
forecasting of future droughts. Ultimately, this would provide a better 
basis to ``trigger'' federal drought assistance.
  Finally, the bill would authorize the USDA to provide reimbursement 
to states for reasonable staging and pre-positioning costs when there 
is a threat of a wildfire.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 802

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

[[Page S3676]]

     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

[[Page S3677]]

     (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,

[[Page S3678]]

     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.

[[Page S3679]]

     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.''.

  Mr. JOHNSON. Mr. President, I rise today in support of bipartisan 
National Drought Preparedness Act of 2005. For the last 5 years a 
devastating drought has forced many families across South Dakota and 
the United States to make difficult life-changing decisions about their 
future in agriculture. Many of our Nation's hard-working producers have 
had to abandon their farms, and the family farm life has been 
threatened for too many people.
  I was hopeful that the drought measures I have helped pass in the 
last 5 years would assist producers in weathering the current drought. 
With my support, the Senate, and ultimately Congress, agreed to 
legislation providing either or agriculture disaster assistance 
packages for 2001-2002 and 2003-2004. While this assistance is greatly 
appreciated by those suffering from this natural disaster, I am 
concerned for our future prospects for drought aid. Given the 
President's reluctance to fund crucial USDA farm bill programs in his 
proposed fiscal year 2006 budget, his insistence on cannibalizing $3 
billion from the Conservation Security Program, CSP to fund the 2003-
2004 package, which should in fact be recognized as an uncapped 
entitlement provision, and a historically high budgetary deficit, I am 
concerned at our prospects of securing substantive monies for future 
disasters. I will continue to work with my Senate colleagues to ensure 
adequate dollars for South Dakota, but we must examine more 
comprehensive measures for addressing drought.
  That National Drought Preparedness Act will help us better prepare 
for future droughts and reduce the need for large ad hoc disaster 
programs that may cannibalize funds from other agricultural programs. I 
am fully prepared to support special disaster assistance when it is 
necessary, but with this act made law, producers, tribes, States, and 
Federal agencies will be much better prepared for future droughts.
  This act will do several things that will significantly increase our 
ability to deal with drought conditions. The bill establishes, in the 
office of the Secretary of Agriculture, a National Drought Council to 
oversee the development of a national drought policy action plan. This 
plan will be the blueprint for dealing with and preparing for drought. 
The Federal government has plans for dealing with floods and 
hurricanes, and we need the same kind of plan for the slow, dry 
disaster that is drought. This bill recognizes drought as the natural 
disaster it is.
  The act also creates the National Office of Drought Preparedness. 
This would be the permanent body that assists the National Drought 
Council in the formulation and carrying out of the national drought 
policy action plan.
  A drought assistance fund will be established by this act, to assist 
State and local governments in their development and implementation of 
drought preparedness plans. The act will also provide assistance for 
the rapid response to wildfires, which is critical to mitigating the 
effects of a prolonged drought in forested areas, like we have in 
western South Dakota.
  Lastly, the act provides for the development of a national drought 
forecasting and monitoring network, that will help forecast the onset 
of droughts better and improve reporting on current droughts.

[[Page S3680]]

  I am encouraged by what the National Drought Preparedness Act of 2005 
has to offer to the farmers and ranchers of our great country. We must 
treat drought like all other disasters are treated, and take an 
aggressive stance toward minimizing its effect on communities across 
America. That is why I am pleased to be an original cosponsor of this 
important bipartisan piece of legislation.
                                 ______