[Federal Register Volume 81, Number 58 (Friday, March 25, 2016)]
[Presidential Documents]
[Pages 16053-16058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-06901]


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                         Presidential Documents 
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  Federal Register / Vol. 81, No. 58 / Friday, March 25, 2016 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 16053]]

                Memorandum of March 21, 2016

                
Building National Capabilities for Long-Term 
                Drought Resilience

                Memorandum for the Heads of Executive Departments and 
                Agencies

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, I hereby direct the following:

                Section 1. Purpose. Our Nation must sustain and expand 
                efforts to reduce the vulnerability of communities to 
                the impacts of drought. Every year, drought affects 
                millions of Americans and poses a serious and growing 
                threat to the security and economies of communities 
                nationwide. Drought presents challenges to the 
                viability of agricultural production and to the 
                quantity and quality of drinking water supplies that 
                communities and industries depend upon. Drought 
                jeopardizes the integrity of critical infrastructure, 
                causes extensive economic and health impacts, harms 
                ecosystems, and increases energy costs. In responding 
                to and recovering from past droughts, we have learned 
                that focused collaboration across all levels of 
                government and the private sector is critical to enable 
                productive and workable solutions to build regional 
                resilience to drought.

                Among other actions, this memorandum institutionalizes 
                the National Drought Resilience Partnership (NDRP), 
                which builds upon the National Integrated Drought 
                Information System, an interagency program led by the 
                Department of Commerce. The NDRP was outlined in the 
                President's Climate Action Plan to better coordinate 
                Federal support for drought-related efforts, help 
                communities reduce the impact of current drought 
                events, and prepare for future droughts. In sustaining 
                this focused collaboration, the NDRP will provide the 
                Federal Government with a lasting platform that enables 
                locally and regionally driven priorities and needs to 
                guide coordinated Federal activities.

                Sec. 2. Policy. It is the policy of the Federal 
                Government to coordinate and use applicable Federal 
                investments, assets, and expertise to promote drought 
                resilience and complement drought preparedness, 
                planning, and implementation efforts of State, 
                regional, tribal, and local institutions. In addition, 
                where appropriate, the Federal Government shall seek 
                partnerships with such institutions and the private 
                sector in order to increase and diversify our Nation's 
                water resources through the development and deployment 
                of new technologies and improved access to alternative 
                water supplies. Agencies shall also work with State, 
                regional, tribal, and local institutions to support 
                their efforts to maintain and enhance the long-term 
                health and resilience of working lands and ecosystems. 
                In carrying out this memorandum, executive departments 
                and agencies (agencies) shall continue to recognize the 
                primacy of States, regions, tribes, and local water 
                users in building their resilience to drought.

                Sec. 3. Drought Resilience Goals. (a) The heads of 
                agencies shall, to the extent permitted by law and to 
                the maximum extent possible, carry out the policy 
                described in section 2 of this memorandum by 
                implementing policies and taking actions to achieve the 
                following drought resilience goals:

(i) Data Collection and Integration. Agencies shall share data and 
information related to drought, water use, and water availability, 
including data on snowpack, groundwater, stream flow, and soil moisture 
with State,

[[Page 16054]]

regional, tribal, and local officials to strengthen decisionmaking to 
support more adaptive responses to drought and drought risk.

(ii) Communicating Drought Risk to Critical Infrastructure. Agencies shall 
communicate with State, regional, tribal, local, and critical 
infrastructure officials, targeted information about drought risks, 
including specific risks to critical infrastructure.

(iii) Drought Planning and Capacity Building. Agencies shall assist State, 
regional, tribal, and local officials in building local planning capacity 
for drought preparedness and resilience.

(iv) Coordination of Federal Drought Activity. Agencies shall improve the 
coordination and integration of drought-related activities to enhance the 
collective benefits of Federal programs and investments.

(v) Market-Based Approaches for Infrastructure and Efficiency. Agencies 
shall support the advancement of innovative investment models and market-
based approaches to increase resilience, flexibility, and efficiency of 
water use and water supply systems.

(vi) Innovative Water Use, Efficiency, and Technology. Agencies shall 
support efforts to conserve and make efficient use of water by carrying out 
relevant research, innovation, and international engagements.

                    (b) The NDRP, as described in section 5 of this 
                memorandum, shall facilitate, coordinate, and monitor 
                the implementation of the actions conducted to achieve 
                these goals.

                Sec. 4. Drought Resilience Actions. In furtherance of 
                the policies and goals described in this memorandum, I 
                hereby direct agencies to take, subject to the 
                availability of appropriations, by December 31, 2016, 
                the following actions:

                    (a) Data Collection and Integration.

(i) The heads of agencies participating in the NDRP shall:

  (A) improve the integration of all relevant drought-related data and 
information, and facilitate the use of such data, in coordination with the 
National Integrated Drought Information System, by State, regional, tribal, 
and local officials in drought planning and decisionmaking; and

  (B) identify and use data formats that will allow these datasets to be 
incorporated into existing geospatial data platforms.

(ii) The Secretaries of the Interior, Agriculture, Commerce, and the 
Director of the Office of Science and Technology Policy shall coordinate 
the implementation of the activities described in section 4(a)(i) of this 
memorandum.

                    (b) Drought Planning and Capacity Building.

(i) The heads of agencies participating in the NDRP shall:

  (A) provide technical and scientific information to State, regional, 
tribal, and local officials concerning the integration of drought planning, 
hazard mitigation, and preparedness planning; and

  (B) ensure that local and regional officials are aware of drought-related 
planning activities and similar initiatives occurring in their region, 
which will avoid duplication of effort and prompt peer-to-peer 
collaboration.

(ii) The Secretaries of the Interior, Agriculture, Commerce, and Homeland 
Security shall coordinate the implementation of the activities described in 
section 4(b)(i) of this memorandum.

                    (c) Communicating Drought Risk to Critical 
                Infrastructure.

(i) The heads of agencies participating in the NDRP shall:

  (A) support information gathering and analysis to assess the risk of 
drought to critical infrastructure; and

  (B) use the assessment described in section 4(c)(ii) of this memorandum 
to inform agencies and to better communicate accurate, science-based 
information about drought, and the risks of drought to communities, 
critical

[[Page 16055]]

infrastructure owners and operators, and other drought resilience 
stakeholders.

(ii) The Secretaries of Commerce and Homeland Security shall coordinate the 
implementation of the activities described in section 4(c)(i) of this 
memorandum and jointly publish an assessment describing the risk that 
drought poses to U.S. critical infrastructure.

                    (d) Coordination of Federal Drought Activity.

(i) The heads of agencies participating in the NDRP shall:

  (A) coordinate and use Federal programs and investments to better support 
drought resilience through improved information sharing and collaboration, 
building on existing place-based and program coordination efforts; and

  (B) develop tools, guidance, and other relevant resources to ensure 
drought-related support to State, regional, tribal, and local officials 
occurs in an effective and efficient manner.

(ii) The Secretaries of the Interior, Agriculture, Commerce, and the Army 
shall coordinate the implementation of the activities described in section 
4(d)(i) of this memorandum.

                    (e) Market-Based Approaches for Infrastructure and 
                Efficiency.

(i) The heads of agencies participating in the NDRP shall:

  (A) identify and share effective practices with State, regional, tribal, 
and local water users on the use of innovative financing opportunities to 
facilitate the construction, maintenance, rehabilitation, or restoration of 
drought-resilient infrastructure;

  (B) test innovative financing opportunities, to the extent permitted by 
law, to attract private investment into underserved and drought-sensitive 
rural water infrastructure; and

  (C) where appropriate, provide technical assistance to support State and 
local efforts to develop strategies for more flexible water management, 
including through market-based mechanisms.

(ii) The Secretaries of the Interior and Agriculture and the Administrator 
of the Environmental Protection Agency shall coordinate the implementation 
of the activities described in section 4(e)(i) of this memorandum.

                    (f) Innovative Water Use, Efficiency, and 
                Technology.

(i) The heads of agencies participating in the NDRP shall:

  (A) engage with foreign partners in order to establish mechanisms through 
which to implement relevant research, monitoring, and technical assistance 
to support transfer and adaptation of more water-efficient practices and 
technologies domestically;

  (B) facilitate the development of new technologies and practices or the 
expansion of existing technologies and practices to mitigate the 
consequences of drought; and

  (C) promote expanded use of technologies that allow the use of produced, 
reused, brackish, recycled, or other alternative water sources where 
possible and appropriate.

(ii) The Secretaries of State, Agriculture, Energy, the Interior, and the 
Environmental Protection Agency shall coordinate the implementation of the 
activities described in section 4(f)(i) of this memorandum.

                Sec. 5. National Drought Resilience Partnership.

                    (a) Establishment and Function. There is 
                established the National Drought Resilience Partnership 
                (NDRP) as an interagency task force that is responsible 
                for enhancing coordination of Federal drought 
                resilience policies and monitoring the implementation 
                of the activities and goals described in this 
                memorandum.
                    (b) Administration of the NDRP. The NDRP 
                administrative functions will be housed within the 
                Department of Agriculture, which shall provide funding

[[Page 16056]]

                and administrative support for the NDRP to the extent 
                permitted by law and within existing appropriations.
                    (c) Membership. The NDRP shall consist of 
                representatives, serving at the Assistant Secretary-
                level or higher, from the following:

(i) the Department of Defense, Office of the Secretary of Defense-Policy;

(ii) the Department of the Interior;

(iii) the Department of Agriculture;

(iv) the Department of Commerce;

(v) the Department of Energy;

(vi) the Department of Homeland Security;

(vii) the Environmental Protection Agency;

(viii) the Office of Management and Budget;

(ix) the Office of Science and Technology Policy;

(x) the National Economic Council;

(xi) the Council on Environmental Quality;

(xii) the National Security Council staff;

(xiii) the Army; and

(xiv) such other agencies or offices as the agencies set forth above, by 
consensus, deem appropriate.

                    (d) NDRP Co-Chairs. The NDRP shall have two Co-
                Chairs. The Secretary of Agriculture, or the 
                Secretary's designated representative, shall 
                continuously serve as the first Co-Chair of the NDRP. 
                The Secretary of Commerce, or the Secretary's 
                designated official, shall serve as the second Co-Chair 
                for a period of 2 years. The NDRP members shall rotate 
                the second Co-Chair responsibility every 2 years based 
                on majority vote among the Departments of Defense, the 
                Interior, Commerce, Energy, Homeland Security, and the 
                Environmental Protection Agency. Members serving as the 
                second Co-Chair shall not serve in that role over 
                consecutive periods. The NDRP shall meet at minimum on 
                a quarterly basis, with additional meetings as needed.
                    (e) Charter. Within 90 days of the date of this 
                memorandum, the Co-Chairs of the NDRP shall, with 
                consensus of the members, complete a charter, which 
                shall include any administrative policies and processes 
                necessary to ensure the NDRP can satisfy the functions 
                and responsibilities described in this memorandum.
                    (f) Reporting Requirements and Action Plan. Within 
                150 days of the date of this memorandum, the Co-Chairs 
                of the NDRP shall submit a report to the Co-Chairs of 
                the Council on Climate Preparedness and Resilience 
                established by Executive Order 13653 of November 1, 
                2013. The report shall describe the activities 
                undertaken and progress made concerning the 
                implementation of this memorandum and shall include, to 
                the extent necessary and applicable, information from 
                all NDRP participants. Thereafter, the Co-Chairs of the 
                NDRP shall provide updates on the implementation of the 
                goals described in section 3 of this memorandum to the 
                Council on Climate Preparedness and Resilience 
                following the NDRP's quarterly meetings, and annually 
                in the National Preparedness Report, established in 
                Presidential Policy Directive-8 or other appropriate 
                annual reports submitted to the President.
                    (g) Long-Term Drought Resilience Action Plan. The 
                NDRP Co-Chairs, with consensus of the NDRP agencies, 
                shall maintain the Long-Term Drought Resilience Federal 
                Action Plan (the ``Action Plan'') and update the Action 
                Plan as necessary. The heads of agencies participating 
                in the NDRP shall implement the Action Plan, or any 
                successor plan or strategy promulgated by the NDRP to 
                guide how agencies achieve the six drought resilience 
                goals set forth in section 3 of this memorandum.

[[Page 16057]]

                Sec. 6. Regional Coordination and Implementation.

                    (a) Regional Capabilities. The heads of agencies 
                participating in the NDRP shall establish, and utilize 
                through their regional and field offices, cross-agency 
                methods to coordinate Federal assistance provided to 
                States, regions, tribes, and localities facing drought 
                challenges. These capabilities shall be integrated with 
                existing regional planning and coordination 
                initiatives, including with appropriate resiliency 
                efforts conducted by State, regional, tribal, and local 
                drought stakeholders.
                    (b) Regional Engagement Coordination. In regions 
                where complementary drought resilience activities are 
                implemented by multiple Federal agencies, those 
                agencies shall coordinate regional outreach strategies. 
                Further, these agencies shall collectively coordinate 
                regional outreach and engagement efforts with the goal 
                of reducing duplication of effort for State, regional, 
                tribal, and local stakeholders.

                Sec. 7. Definitions. (a) ``Agencies'' means any 
                authority of the United States that is an ``agency'' 
                under 44 U.S.C. 3502(1), other than those considered to 
                be independent regulatory agencies.

                    (b) ``Critical infrastructure'' has the meaning 
                provided in section 1016(e) of the USA Patriot Act of 
                2001 (42 U.S.C. 5195c(e)), namely, systems and assets, 
                whether physical or virtual, so vital to the United 
                States that the incapacity or destruction of such 
                systems and assets would have a debilitating impact on 
                security, national economic security, national public 
                health or safety, or any combination of those matters.
                    (c) ``Drought'' has the meaning provided in section 
                2(1) of the National Integrated Drought Information 
                System Act of 2006 (15 U.S.C. 313d note), namely, a 
                deficiency in precipitation that leads to a deficiency 
                in surface or subsurface water supplies (including 
                rivers, streams, wetlands, groundwater, soil moisture, 
                reservoir supplies, lake levels, and snow pack); and 
                that causes or may cause substantial economic or social 
                impacts or substantial physical damage or injury to 
                individuals, property, or the environment.
                    (d) ``Drought resilience'' means the ability to 
                anticipate, prepare for, and adapt to the anticipated 
                consequences of drought conditions, particularly long-
                term or extreme drought.
                    (e) ``Resilience'' means the ability to anticipate, 
                prepare for, and adapt to changing conditions and 
                withstand, respond to, and recover rapidly from 
                disruptions.

                Sec. 8. General Provisions. (a) This memorandum shall 
                be implemented consistent with applicable laws, 
                including international treaties, agreements, and 
                obligations, and subject to the availability of 
                appropriations.

                    (b) Nothing in this memorandum shall be construed 
                to impair or otherwise affect:

(i) the authority granted by law to a department, agency, or the head 
thereof; or

(ii) the functions of the Director of the Office of Management and Budget 
relating to budgetary, administrative, or legislative proposals.

                    (c) This memorandum is not intended to, and does 
                not, create any right or benefit, substantive or 
                procedural, enforceable at law or in equity by any 
                party against the United States, its departments, 
                agencies, or entities, its officers, employees, or 
                agents, or any other person.

[[Page 16058]]

                    (d) The Secretary of Agriculture is hereby 
                authorized and directed to publish this memorandum in 
                the Federal Register.
                
                
                    (Presidential Sig.)

                 THE WHITE HOUSE,

                     Washington, March 21, 2016

[FR Doc. 2016-06901
Filed 3-24-16; 8:45 am]
Billing code 3410-10-P