I
107TH CONGRESS
2D SESSION
H. R. 4754
To establish a National Drought Council within the Federal Emergency
Management Agency, to improve national drought preparedness, mitiga-
tion, and response efforts, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 16, 2002
Mr. HASTINGS of Florida (for himself, Mr. REHBERG, Mr. DEFAZIO, Mr.
SKEEN, Ms. BROWN of Florida, Mrs. MEEK of Florida, Mr. FOLEY, Mr.
LINDER, Mr. JEFFERSON, Mr. WEXLER, Ms. CARSON of Indiana, Ms.
ROS-LEHTINEN, Mr. CUMMINGS, Mr. UDALL of New Mexico, Mr. WYNN,
Mrs. WILSON of New Mexico, Mr. DEUTSCH, Mr. PASCRELL, and Mr.
HAYWORTH) introduced the following bill; which was referred to the Com-
mittee on Transportation and Infrastructure, and in addition to the Com-
mittees on Agriculture and Resources, for a period to be subsequently de-
termined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
A BILL
To establish a National Drought Council within the Federal
Emergency Management Agency, to improve national
drought preparedness, mitigation, and response efforts,
and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘National Drought Preparedness Act of 2002’’.
(b) TABLE OF CONTENTS.—The table of contents of
this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
Sec. 4. Effect of Act.
TITLE I—DROUGHT PREPAREDNESS
Subtitle A—National Drought Council
Sec. 101. Membership and voting.
Sec. 102. Duties of the Council.
Sec. 103. Powers of the Council.
Sec. 104. Council personnel matters.
Sec. 105. Authorization of appropriations.
Sec. 106. Termination of Council.
Subtitle B—National Office of Drought Preparedness
Sec. 111. Establishment.
Sec. 112. Director of the Office.
Sec. 113. Detail of government employees.
Subtitle C—Drought Preparedness Plans
Sec. 121. Drought Assistance Fund.
Sec. 122. Drought preparedness plans.
Sec. 123. Federal plans.
Sec. 124. State and tribal plans.
Sec. 125. Regional and local plans.
Sec. 126. Plan elements.
TITLE II—WILDFIRE SUPPRESSION
Sec. 201. Grants for prepositioning wildfire suppression resources.
SEC. 2. FINDINGS.
Congress finds that—
(1) regional drought disasters in the United
States cause serious economic and environmental
losses, yet there is no national policy to ensure an
integrated and coordinated Federal strategy to pre-
pare for, mitigate, or respond to such losses;
(2) State, tribal, and local governments have to
coordinate efforts with each Federal agency involved
in drought monitoring, planning, mitigation, and re-
sponse;
(3) effective drought monitoring—
(A) is a critical component of drought pre-
paredness 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, mitiga-
tion, and response activities;
(4) the National Drought Policy Commission
was established in 1998 to provide advice and rec-
ommendations on the creation of an integrated, co-
ordinated Federal policy designed to prepare for and
respond to serious drought emergencies;
(5) according to the report issued by the Na-
tional 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 regu-
lation;
(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 enti-
ties; and
(D) to improve collaboration among sci-
entists and managers; and
(6) the National Drought Council, in coordina-
tion with Federal agencies and State, tribal, and
local governments, should provide the necessary di-
rection, coordination, guidance, and assistance in de-
veloping a comprehensive drought preparedness sys-
tem.
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 pro-
vides power, water (including water provided by an
irrigation organization or facility), sewer services, or
wastewater treatment.
(3) DIRECTOR.—The term ‘‘Director’’ means
the Director of the Federal Emergency Management
Agency.
(4) DIRECTOR OF THE OFFICE.—The term ‘‘Di-
rector of the Office’’ means the Director of the Of-
fice appointed under section 112(a).
(5) DROUGHT.—The term ‘‘drought’’ means a
major natural disaster that is caused by a deficiency
in precipitation—
(A) that may lead to a deficiency in sur-
face 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 im-
pacts; or
(ii) physical damage or injury to indi-
viduals, property, or the environment.
(6) FUND.—The term ‘‘Fund’’ means the
Drought Assistance Fund established by section
121(a).
(7) INDIAN TRIBE.—The term ‘‘Indian tribe’’
has the meaning given the term in section 4 of the
Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450b).
(8) 
MITIGATION.—The 
term 
‘‘mitigation’’
means a short- or long-term action, program, or pol-
icy that is implemented in advance of or during a
drought to minimize any risks and impacts of
drought.
(9) NATIONAL
DROUGHT
MONITORING
NET-
WORK.—The term ‘‘National Drought Monitoring
Network’’ means a comprehensive network that col-
lects and integrates information on the key indica-
tors of drought, including stream flow, ground water
levels, reservoir levels, soil moisture, snow pack, cli-
mate (including precipitation and temperature), and
forecasts, in order to make usable, reliable, and
timely assessments of drought, including the severity
of drought.
(10) 
NEIGHBORING
COUNTRY.—The 
term
‘‘neighboring country’’ means Canada and Mexico.
(11) OFFICE.—The term ‘‘Office’’ means the
National Office of Drought Preparedness established
under section 111.
(12) TRIGGER.—The term ‘‘trigger’’ means the
thresholds or criteria that must be satisfied before
mitigation or emergency assistance may be provided
to an area—
(A) in which drought is emerging; or
(B) that is experiencing a drought.
SEC. 4. EFFECT OF ACT.
This Act does not affect—
(1) the authority of a State to allocate quan-
tities of water under the jurisdiction of the State; or
(2) any State water rights established as of the
date of enactment of this Act.
TITLE I—DROUGHT
PREPAREDNESS
Subtitle A—National Drought
Council
SEC. 101. MEMBERSHIP AND VOTING.
(a) IN GENERAL.—There is established a council to
be known as the ‘‘National Drought Council’’.
(b) MEMBERSHIP.—
(1) COMPOSITION.—The Council shall be com-
posed of—
(A) the Director;
(B) the Secretary of the Interior;
(C) the Secretary of the Army;
(D) the Secretary of Agriculture;
(E) 4 members appointed by the Federal
co-chair appointed under subsection (f), in co-
ordination with the National Governors Associa-
tion, of whom—
(i) 1 member shall be the Governor of
a State from Federal Emergency Manage-
ment Agency Region I, II, or III;
(ii) 1 member shall be the Governor of
a State from Federal Emergency Manage-
ment Agency Region IV or VI;
(iii) 1 member shall be the Governor
of a State from Federal Emergency Man-
agement Agency Region V or VII; and
(iv) 1 member shall be the Governor
of a State from Federal Emergency Man-
agement Agency Region VIII, IX, or X;
(F) 1 member appointed by the Federal
co-chair, in coordination with the National As-
sociation of Counties;
(G) 1 member appointed by the Federal
co-chair, in coordination with the United States
Conference of Mayors;
(H) 1 member appointed by the Secretary
of the Interior, in coordination with Indian
tribes, to represent the interests of tribal gov-
ernments; and
(I) 1 member appointed by the Secretary
of Agriculture, in coordination with the Na-
tional Association of Conservation Districts, to
represent local soil and water conservation dis-
tricts.
(2) DATE OF APPOINTMENT.—The appointment
of each member of the Council shall be made not
later than 120 days after the date of enactment of
this Act.
(c) TERM; VACANCIES.—
(1) TERM.—A member of the Council shall be
appointed for a term of 2 years.
(2) VACANCIES.—A vacancy on the Council—
(A) shall not affect the powers of the
Council; and
(B) shall be filled in the same manner as
the original appointment was made.
(d) MEETINGS.—
(1) IN GENERAL.—The Council shall meet at
the call of the co-chairs.
(2) FREQUENCY.—The Council shall meet at
least semiannually.
(e) QUORUM.—A majority of the members of the
Council shall constitute a quorum, but a lesser number
may hold hearings or conduct other business.
(f) CO-CHAIRS.—
(1) IN GENERAL.—There shall be a Federal co-
chair and non-Federal co-chair of the Council.
(2) APPOINTMENT.—
(A) FEDERAL
CO-CHAIR.—The Director
shall be Federal co-chair.
(B) NON-FEDERAL CO-CHAIR.—The Coun-
cil members appointed under subparagraphs
(E) through (I) of subsection (b)(1) shall select
a non-Federal co-chair from among the mem-
bers appointed under those subparagraphs.
(g) DIRECTOR OF THE OFFICE.—
(1) IN GENERAL.—The Director of the Office
shall serve as Director of the Council.
(2) DUTIES.—The Director of the Office shall
serve the interests of all members of the Council.
SEC. 102. DUTIES OF THE COUNCIL.
(a) IN GENERAL.—The Council shall—
(1) not later than 1 year after the date of the
first meeting of the Council, develop a comprehen-
sive National Drought Policy Action Plan that—
(A)(i) delineates and integrates responsibil-
ities 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 coordi-
nated with the activities of the States, local
governments, Indian tribes, and neighboring
countries;
(B) is consistent with—
(i) this Act and other applicable Fed-
eral laws; and
(ii) the laws and policies of the States
for water management;
(C) is integrated with drought manage-
ment programs of the States, Indian tribes,
local governments, and private entities; and
(D) avoids duplicating Federal, State, trib-
al, local, and private drought preparedness and
monitoring programs in existence on the date of
enactment of this Act;
(2) evaluate Federal drought-related programs
in existence on the date of enactment of this Act and
make recommendations to Congress and the Presi-
dent 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 inter-
agency triggers for authorizing Federal drought
mitigation programs; and
(B) improving the consistency and fairness
of assistance among Federal drought relief pro-
grams;
(4) coordinate and prioritize specific activities
that will improve the National Drought Monitoring
Network by—
(A) taking into consideration the limited
resources for—
(i) drought monitoring, prediction,
and research activities; and
(ii) water supply forecasting; and
(B) providing for the development of an ef-
fective drought information delivery system
that—
(i) communicates drought conditions
and impacts to—
(I) decisionmakers at the Fed-
eral, regional, State, tribal, and local
levels of government;
(II) the private sector; and
(III) the public; and
(ii) includes near-real-time data, infor-
mation, and products developed at the
Federal, regional, State, tribal, and local
levels of government that reflect regional
and State differences in drought condi-
tions;
(5) encourage and facilitate the development of
drought preparedness plans under subtitle C, includ-
ing establishing the guidelines under sections 121(c)
and 122(a);
(6) based on a review of drought preparedness
plans, develop and make available to the public
drought planning models to reduce water resource
conflicts 
relating 
to 
water 
conservation 
and
droughts;
(7) develop and coordinate public awareness ac-
tivities to provide the public with access to under-
standable, 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 re-
sponses to drought, including water conserva-
tion, water reuse, and detection and elimination
of water leaks; and
(D) information on State and local laws
applicable to drought; and
(8) establish operating procedures for the Coun-
cil.
(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; and
(8) small businesses and other private entities.
(c) REPORTS TO CONGRESS.—
(1) ANNUAL REPORT.—
(A) IN GENERAL.—Not later than 1 year
after the date of the first meeting of the Coun-
cil, 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 pre-
paredness plans completed under sections
123 through 125.
(ii) INITIAL REPORT.—The initial re-
port submitted under subparagraph (A)
shall include any recommendations of the
Council under paragraph (2) or (3) of sub-
section (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—