National Drought Policy Act of 1998
PL 105-199 (H.R.3035), enacted 07/16/1998

PUBLIC LAW 105-199—JULY 16, 1998 
112 STAT. 641 
Public Law 105-199 
105th Congress 
An Act 
To establish an advisory commission to provide advice and recommendations on 
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the creation of an integrated, coordinated Federal policy designed to prepare 
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for and respond to serious drought emergencies. 
IH.R. 3035] 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
National Drought 
Policy Act of 1998. 
SECTION 1. SHORT TITLE. 
42 USC 5121 
This Act may be cited as the "National Drought Policy Act 
of 1998". 
note. 
SEC. 2. FINDINGS. 
42 USC 5121 
Congress finds that— 
(1) the United States often suffers serious economic and 
environmental losses from severe regional droughts and there 
is no coordinated Federal strategy to respond to such emer-
gencies; 
(2) at the Federal level, even though historically there 
have been frequent, significant droughts of national con-
sequences, drought is addressed mainly through special legisla-
tion and ad hoc action rather than through a systematic and 
permanent process as occurs with other natural disasters; 
(3) there is an increasing need, particularly at the Federal 
level, to emphasize preparedness, mitigation, and risk manage-
ment (rather than simply crisis management) when addressing 
drought and other natural disasters or emergencies; 
(4) several Federal agencies have a role in drought from 
predicting, forecasting, and monitoring of drought conditions 
to the provision of planning, technical, and financial assistance; 
(5) there is no single Federal agency in a lead or coordinat-
ing role with regard to drought; 
(6) State, local, and tribal governments have had to deal 
individually and separately with each Federal agency involved 
in drought assistance; and 
(7) the President should appoint an advisory commission 
to provide advice and recommendations on the creation of an 
integrated, coordinated Federal policy designed to prepsire for, 
mitigate the impacts of, respond to, and recover from serious 
drought emergencies. 
SEC. 3. ESTABLISHMENT OF COMMISSION. 
42 USC 5121 
(a) ESTABLISHMENT.—^There is established a commission to be 
known as the National Drought Policy Commission (hereafter in 
this Act referred to as the "Commission"). 
(b) MEMBERSHIP.— 
112 STAT. 642 
PUBLIC LAW 105-199^JULY 16, 1998 
(1) COMPOSITION.—^The Commission shall be composed of 
16 members. The members of the Commission shall include— 
(A) the Secretary of A^culture, or the designee of 
the Secretary, who shall chair the Commission; 
(B) the Secretary of the Interior, or the designee of 
the Secretary; 
(C) the Secretary of the Army, or the designee of the 
Secretary; 
(D) the Secretary of Commerce, or the designee of 
the Secretary; 
(E) the Director of the Federal Emergency Management 
Agency, or the designee of the Director; 
(F) the Administrator of the Small Business Adminis-
tration, or the designee of the Administrator; 
President. 
(G) two persons nominated by the National Governors' 
Association and appointed by the President, of whom— 
(i) one shall be the governor of a State east of 
the Mississippi River; and 
(ii) one shall be a governor of a State west of 
the Mississippi River; 
President. 
(H) a person nominated by the Nationsd Association 
of Counties and appointed by the President; 
President. 
(I) a person nominated by the United States Conference 
of Mayors and appointed by the President; and 
(J) six persons, appointed by the Secretary of Agri-
culture in coordination with the Secretary of the Interior 
and the SecretEiry of the Army, who shall be representative 
of groups acutely affected by drought emergencies, such 
as the agricultural production community, the credit 
community, rural and urban water associations, Native 
Americans, and fishing and environmental interests. 
Deadline. 
(2) DATE.—^The appointments of the members of the 
Commission shall be made no later than 60 days after the 
date of the enactment of this Act. 
(c) PERIOD OF APPOINTMENT; VACANCIES.—Members shall be 
appointed for the life of the Commission. Any vacancy in the 
Commission shall not afFect its powers, but shall be filled in the 
same memner as the original appointment. 
Deadline. 
(d) INITIAL MEETING.—No later than 30 days after the date 
on which all members of the Commission have been appointed, 
the Commission shall hold its first meeting. 
(e) MEETINGS.—^The Commission shall meet at the call of the 
chair. 
(f) QUORUM.—^A majority of the members of the Commission 
shall constitute a quorum, but a lesser number of members may 
hold hearings. 
(g) VICE CHAIR.—The Commission shall select a vice chair 
fi*om among the members who are not Federal officers or employees. 
SEC. 4. DUTIES OF THE COMMISSION. 
(a) STUDY AND REPORT.—^The Commission shall conduct a thor-
ough study and submit a report on national drought policy in 
accordance with this section. 
(b) CONTENT OF STUDY AND REPORT.—In conducting the study 
and report, the Commission shall— 
(1) determine, in consultation with the National Drought 
Mitigation Center in Lincoln, Nebraska, and other appropriate 
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PUBLIC LAW 105-199--JULY 16, 1998 
112 STAT. 643 
entities, what needs exist on the Federal, State, local, and 
tribal levels to prepare for and respond to drought emergencies; 
(2) review all existing Federal laws and programs relating 
to drought; 
(3) review State, local, and tribal laws and programs 
relating to drought that the Commission finds pertinent; 
(4) determine what differences exist between the needs 
of those affected by drought and the Federal laws and programs 
designed to mitigate the impacts of £ind respond to drought; 
(5) collaborate with the Western Drought Coordination 
Council and other appropriate entities in order to consider 
regional drought initiatives and the apphcation of such initia-
tives at the national level; 
(6) make recommendations on how Federsd drought laws 
and programs can be better integrated with ongoing State, 
local, and tribal programs into a comprehensive national policy 
to mitigate the impacts of and respond to drought emergencies 
without diminishing the rights of States to control water 
through State law and considering the need for protection of 
the environment; 
(7) make recommendations on improving public awareness 
of the need for drought mitigation, and prevention; and 
response on developing a coordinated approach to drought 
mitigation, prevention, eind response by governmental and non-
governmental entities, including academic, private, and non-
profit interests; and 
(8) include a recommendation on whether all Federal 
drought preparation and response programs should be consoli-
dated under one existing Federal agency and, if so, identify 
such agency. 
(c) SUBMISSION OF REPORT.— 
(1) IN GENERAL.—No later than 18 months after the date Deadline, 
of the enactment of this Act, the Commission shall submit 
a report to the President and Congress which shall contain 
a detailed statement of the findings and conclusions of the 
Commission, together with its recommendations for such legis-
lation and administrative actions as it considers appropriate. 
(2) APPROVAL OF REPORT.—Before submission of the report, 
the contents of the report shall be approved by unanimous 
consent or majority vote. If the report is approved by majority 
vote, members voting not to approve the contents shall be 
given the opportunity to submit dissenting views with the 
report. 
SEC. 5. POWERS OF THE COMMISSION. 
42 USC 5121 
(a) HEARINGS.—The Commission may hold such hearings, sit 
and act at such times and places, take such testimony, and receive 
such evidence as the Commission considers necessary to carry out 
the purposes of this Act. 
(b) INFORMATION FROM FEDERAL AGENCIES.—The Commission 
may secure directly from any Federal department or agency such 
information as the Commission considers necessary to carry out 
the provisions of this Act. Upon request of the chair of the Commis-
sion, the head of such department or agency shall furnish such 
information to the Commission. 
112 STAT. 644 
PUBLIC LAW 105-199-^JULY 16, 1998 
(c) POSTAL SERVICES.—^The Commission may use the United 
States mails in the same manner and under the same conditions 
as other departments and agencies of the Federal Grovemment. 
(d) GIFTS.—^The Commission may accept, use, and dispose-of 
gifts or donations of services or property. 
42 use 5121 
SEC. 6. COMMISSION PERSONNEL MATTERS. 
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(a) COMPENSATION OF MEMBERS.—Each member of the Commis-
sion who is not an officer or employee of the Federal Government 
shall not be compensated for service on the Commission, except 
as provided under subsection (b). All members of the Commission 
who are officers or employees of the United States shgJl serve 
without compensation in addition to that received for their services 
as officers or employees of the United States. 
(b) TRAVEL EXPENSES.—The members of the Commission shall 
be allowed travel expenses, including per diem in lieu of subsistence, 
at rates authorized for employees of agencies under subchapter 
I of chapter 57 of title 5, United States Code, while away from 
their homes or regular places of business in the performEince of 
services for the Commission. 
(c) DETAIL OF GOVERNMENT EMPLOYEES.—Any Federal Govern-
ment employee may be detedled to the Commission without 
reimbursement, and such detail shall be without interruption or 
loss of civil service status or privilege. 
(d) ADMINISTRATIVE SUPPORT.—The Secretary of Agriculture 
shall provide all financial, administrative, and staff support services 
for the Commission. 
42 use 5121 
SEC. 7. TERMINATION OF THE COMMISSION. 
The Commission shall terminate 90 days after the date on 
which the Commission submits its report under section 4. 
Approved July 16, 1998. 
LEGISLATIVE HISTORY—H.R. 3035 (S. 222): 
HOUSE REPORTS: No. 105-554, Pt. 1 (Comm. on Transportation and Infrastruc-
ture). 
SENATE REPORTS: No. 105-144 accompanying S. 222 (Comm. on Governmental 
Affairs). 
CONGRESSIONAL RECORD, Vol. 144 (1998): 
June 16, considered and passed House. 
June 24, considered and passed Senate.