What it changes

1 change to S. 954

Adds a section
  1. Adds SEC. 11____. NATIONAL DROUGHT COUNCIL AND DROUGHT PREPAREDNESS PLANS on page 1111, line 20

    Adds a sectionPrinted page

    Inserted: SEC. 11____. NATIONAL DROUGHT COUNCIL AND DROUGHT PREPAREDNESS PLANS.

    Inserted: (a) Definitions.--In this section:

    Inserted: (1) Council.--The term "Council" means the National Drought Council established by this section.

    Inserted: (2) Critical service provider.--The term "critical service provider" means an entity that provides--

    Inserted: (A) power;

    Inserted: (B) water, including water provided by an irrigation organization or facility;

    Inserted: (C) sewer services; or

    Inserted: (D) wastewater treatment.

    Inserted: (3) Drought.--The term "drought" means a natural disaster that is caused by a deficiency in precipitation--

    Inserted: (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

    Inserted: (B) that causes or may cause--

    Inserted: (i) substantial economic or social impacts; or

    Show 120 more inserted paragraphs

    Inserted: (ii) physical damage or injury to individuals, property, or the environment.

    Inserted: (4) 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).

    Inserted: (5) Interstate watershed.--The term "interstate watershed" means a watershed that transcends State or tribal boundaries, or both.

    Inserted: (6) Member.--The term "member", with respect to the National Drought Council, means--

    Inserted: (A) a member of the Council specified or appointed under this section; or

    Inserted: (B) the designee of a member of the Council.

    Inserted: (7) 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.

    Inserted: (8) Neighboring country.--The term "neighboring country" means Canada and Mexico.

    Inserted: (9) State.--The term "State" means--

    Inserted: (A) the several States;

    Inserted: (B) the District of Columbia;

    Inserted: (C) American Samoa;

    Inserted: (D) Guam;

    Inserted: (E) the Commonwealth of the Northern Mariana Islands;

    Inserted: (F) the Commonwealth of Puerto Rico; and

    Inserted: (G) the United States Virgin Islands.

    Inserted: (10) Trigger.--The term "trigger" means the thresholds or criteria that must be satisfied before mitigation or emergency assistance may be provided to an area--

    Inserted: (A) in which drought is emerging; or

    Inserted: (B) that is experiencing a drought.

    Inserted: (11) Under secretary.--The term "Under Secretary" means the Under Secretary of Agriculture for Natural Resources and Environment.

    Inserted: (12) Watershed.--

    Inserted: (A) In general.--The term "watershed" means--

    Inserted: (i) a region or area with common hydrology;

    Inserted: (ii) an area drained by a waterway that drains into a lake or reservoir;

    Inserted: (iii) the total area above a given point on a stream that contributes water to the flow at that point; or

    Inserted: (iv) the topographic dividing line from which surface streams flow in 2 different directions.

    Inserted: (B) Exclusions.--The term "watershed" does not include an area or region that is larger than a river basin.

    Inserted: (13) Watershed group.--The term "watershed group" means a group of individuals, formally recognized by the appropriate State or States, who represent the broad scope of relevant interests within a watershed and who work together in a collaborative manner to jointly plan the management of the natural resources contained within the watershed.

    Inserted: (b) National Drought Council.--

    Inserted: (1) Establishment.--There is established in the Office of the Secretary of Agriculture a council to be known as the "National Drought Council".

    Inserted: (2) Membership.--

    Inserted: (A) Composition.--The Council shall be composed of--

    Inserted: (i) the Secretary (or the designee of the Secretary);

    Inserted: (ii) the Secretary of Commerce (or the designee of the Secretary of Commerce);

    Inserted: (iii) the Secretary of the Army (or the designee of the Secretary of the Army);

    Inserted: (iv) the Secretary of the Interior (or the designee of the Secretary of the Interior);

    Inserted: (v) the Director of the Federal Emergency Management Agency (or the designee of the Director);

    Inserted: (vi) the Administrator of the Environmental Protection Agency (or the designee of the Administrator);

    Inserted: (vii) 4 members appointed by the Secretary, in coordination with the National Governors Association, each of whom shall be the Governor of a State (or the designee of the Governor) and who collectively shall represent the geographic diversity of the United States;

    Inserted: (viii) 1 member appointed by the Secretary, in coordination with the National Association of Counties;

    Inserted: (ix) 1 member appointed by the Secretary, in coordination with the United States Conference of Mayors;

    Inserted: (x) 1 member appointed by the Secretary of the Interior, in coordination with Indian tribes, to represent the interests of tribal governments; and

    Inserted: (xi) 1 member appointed by the Secretary, in coordination with the National Association of Conservation Districts, to represent local soil and water conservation districts.

    Inserted: (B) 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.

    Inserted: (3) Term; vacancies.--

    Inserted: (A) Term.--A non-Federal member of the Council appointed under paragraph (2) shall be appointed for a term of 2 years.

    Inserted: (B) Vacancies.--A vacancy on the Council--

    Inserted: (i) shall not affect the powers of the Council; and

    Inserted: (ii) shall be filled in the same manner as the original appointment was made.

    Inserted: (C) Terms of members filling vacancies.--Any member appointed to fill a vacancy occurring before the expiration of the term of a member shall be appointed only for the remainder of that term.

    Inserted: (4) Meetings.--

    Inserted: (A) In general.--The Council shall meet at the call of the co-chairs.

    Inserted: (B) Frequency.--The Council shall meet at least semiannually.

    Inserted: (5) Quorum.--A majority of the members of the Council shall constitute a quorum, but a lesser number may hold hearings or conduct other business.

    Inserted: (6) Council leadership.--

    Inserted: (A) In general.--There shall be a Federal co-chair and non-Federal co-chair of the Council.

    Inserted: (B) Appointment.--

    Inserted: (i) Federal co-chair.--The Secretary shall be Federal co-chair.

    Inserted: (ii) Non-federal co-chair.--The non-Federal members of the Council shall select, on a biannual basis, a non-Federal co-chair of the Council from among the members appointed under paragraph (2).

    Inserted: (7) Director of the office.--

    Inserted: (A) In general.--The Director of the Office shall serve as Secretary of the Council.

    Inserted: (B) Duties.--The Director of the Office shall serve the interests of all members of the Council.

    Inserted: (c) Duties of the Council.--

    Inserted: (1) In general.--The Council shall--

    Inserted: (A) not later than 1 year after the date of the first meeting of the Council, develop a comprehensive National Drought Policy Action Plan that--

    Inserted: (i)(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

    Inserted: (II) ensures that those activities are coordinated with the activities of the States, local governments, Indian tribes, and neighboring countries;

    Inserted: (ii) is consistent with--

    Inserted: (I) this Act and other applicable Federal laws; and

    Inserted: (II) the laws and policies of the States for water management;

    Inserted: (iii) is integrated with drought management programs of the States, Indian tribes, local governments, watershed groups, and private entities; and

    Inserted: (iv) avoids duplicating Federal, State, tribal, local, watershed, and private drought preparedness and monitoring programs in existence on the date of enactment of this Act;

    Inserted: (B) 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--

    Inserted: (i) discrepancies between the goals of the programs and actual service delivery;

    Inserted: (ii) duplication among programs; and

    Inserted: (iii) any other circumstances that interfere with the effective operation of the programs;

    Inserted: (C) make recommendations to the President, Congress, and appropriate Federal agencies on--

    Inserted: (i) the establishment of common interagency triggers for authorizing Federal drought mitigation programs; and

    Inserted: (ii) improving the consistency and fairness of assistance among Federal drought relief programs;

    Inserted: (D) encourage and facilitate the development of drought preparedness plans under this Act, including establishing the guidelines under this section;

    Inserted: (E) 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;

    Inserted: (F) develop and coordinate public awareness activities to provide the public with access to understandable and informative materials on drought, including--

    Inserted: (i) explanations of the causes of drought, the impacts of drought, and the damages from drought;

    Inserted: (ii) descriptions of the value and benefits of land stewardship to reduce the impacts of drought and to protect the environment;

    Inserted: (iii) clear instructions for appropriate responses to drought, including water conservation, water reuse, and detection and elimination of water leaks;

    Inserted: (iv) information on State and local laws applicable to drought; and

    Inserted: (v) opportunities for assistance to resource-dependent businesses and industries in times of drought; and

    Inserted: (G) establish operating procedures for the Council.

    Inserted: (2) Consultation.--In carrying out this subsection, the Council shall consult with groups affected by drought emergencies.

    Inserted: (3) Reports to congress.--

    Inserted: (A) Annual report.--

    Inserted: (i) 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 section.

    Inserted: (ii) Inclusions.--

    Inserted: (I) In general.--The annual report shall include a summary of drought preparedness plans.

    Inserted: (II) Initial report.--The initial report submitted under clause (i) shall include any recommendations of the Council.

    Inserted: (B) 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--

    Inserted: (i) amendments to this section; and

    Inserted: (ii) whether the Council should continue.

    Inserted: (d) Powers of the Council.--

    Inserted: (1) Hearings.--The Council may--

    Inserted: (A) hold hearings;

    Inserted: (B) meet and act at any time and place; and

    Inserted: (C) take any testimony and receive any evidence that the Council considers advisable to carry out this section.

    Inserted: (2) Information from federal agencies.--

    Inserted: (A) In general.--The Council may obtain directly from any Federal agency any information that the Council considers necessary to carry out this section.

    Inserted: (B) Provision of information.--

    Inserted: (i) In general.--Except as provided in clause (ii), on request of the Secretary or the non-Federal co-chair of the Council, the head of a Federal agency may provide information to the Council.

    Inserted: (ii) 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.

    Inserted: (3) 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.

    Inserted: (4) Gifts.--The Council may accept, use, and dispose of gifts or donations of services or property.

    Inserted: (e) Council Personnel Matters.--

    Inserted: (1) Compensation of members.--

    Inserted: (A) Non-federal employees.--A member of the Council who is not an officer or employee of the Federal Government shall serve without compensation.

    Inserted: (B) 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.

    Inserted: (2) Travel expenses.--A member of the Council shall be allowed travel expenses at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Council.

    Inserted: (f) Termination of Council.--The Council shall terminate on September 30 of the eighth fiscal year following the date of enactment of this Act.

    Inserted: (g) Effect of Section.--This section does not affect--

    Inserted: (1) the authority of a State to allocate quantities of water under the jurisdiction of the State; or

    Inserted: (2) any State water rights established as of the date of enactment of this Act.

    Inserted: (h) Authorization of Appropriations.--There is authorized to be appropriated to carry out the activities of the Council $2,000,000 for each of fiscal years 2014 through 2021.

    Original wording

    On page 1111, after line 20, insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 1132. Mr. HARKIN submitted an amendment intended to be proposed by him to the bill S. 954, to reauthorize agricultural programs through 2018; which was ordered to lie on the table; as follows:

On page 1111, after line 20, insert the following:

SEC. 11____. NATIONAL DROUGHT COUNCIL AND DROUGHT PREPAREDNESS PLANS.

(a) Definitions.--In this section:

(1) Council.--The term “Council” means the National Drought Council established by this section.

(2) Critical service provider.--The term “critical service provider” means an entity that provides--

(A) power;

(B) water, including water provided by an irrigation organization or facility;

(C) sewer services; or

(D) wastewater treatment.

(3) 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.

(4) 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).

(5) Interstate watershed.--The term “interstate watershed” means a watershed that transcends State or tribal boundaries, or both.

(6) Member.--The term “member”, with respect to the National Drought Council, means--

(A) a member of the Council specified or appointed under this section; or

(B) the designee of a member of the Council.

(7) 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.

(8) Neighboring country.--The term “neighboring country” means Canada and Mexico.

(9) State.--The term “State” means--

(A) the several States;

(B) the District of Columbia;

(C) American Samoa;

(D) Guam;

(E) the Commonwealth of the Northern Mariana Islands;

(F) the Commonwealth of Puerto Rico; and

(G) the United States Virgin Islands.

(10) 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.

(11) Under secretary.--The term “Under Secretary” means the Under Secretary of Agriculture for Natural Resources and Environment.

(12) 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 given point on a stream that contributes water to the flow at that point; or

(iv) the topographic dividing line from which surface streams flow in 2 different directions.

(B) Exclusions.--The term “watershed” does not include an area or region that is larger than a river basin.

(13) Watershed group.--The term “watershed group” means a group of individuals, formally recognized by the appropriate State or States, who represent the broad scope of relevant interests within a watershed and who work together in a collaborative manner to jointly plan the management of the natural resources contained within the watershed.

(b) National Drought Council.--

(1) Establishment.--There is established in the Office of the Secretary of Agriculture a council to be known as the “National Drought Council”.

(2) Membership.--

(A) Composition.--The Council shall be composed of--

(i) the Secretary (or the designee of the Secretary);

(ii) the Secretary of Commerce (or the designee of the Secretary of Commerce);

(iii) the Secretary of the Army (or the designee of the Secretary of the Army);

(iv) the Secretary of the Interior (or the designee of the Secretary of the Interior);

(v) the Director of the Federal Emergency Management Agency (or the designee of the Director);

(vi) the Administrator of the Environmental Protection Agency (or the designee of the Administrator);

(vii) 4 members appointed by the Secretary, in coordination with the National Governors Association, each of whom shall be the Governor of a State (or the designee of the Governor) and who collectively shall represent the geographic diversity of the United States;

(viii) 1 member appointed by the Secretary, in coordination with the National Association of Counties;

(ix) 1 member appointed by the Secretary, in coordination with the United States Conference of Mayors;

(x) 1 member appointed by the Secretary of the Interior, in coordination with Indian tribes, to represent the interests of tribal governments; and

(xi) 1 member appointed by the Secretary, in coordination with the National Association of Conservation Districts, to represent local soil and water conservation districts.

(B) 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.

(3) Term; vacancies.--

(A) Term.--A non-Federal member of the Council appointed under paragraph (2) shall be appointed for a term of 2 years.

(B) Vacancies.--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.

(C) Terms of members filling vacancies.--Any member appointed to fill a vacancy occurring before the expiration of the term of a member shall be appointed only for the remainder of that term.

(4) Meetings.--

(A) In general.--The Council shall meet at the call of the co-chairs.

(B) Frequency.--The Council shall meet at least semiannually.

(5) Quorum.--A majority of the members of the Council shall constitute a quorum, but a lesser number may hold hearings or conduct other business.

(6) Council leadership.--

(A) In general.--There shall be a Federal co-chair and non-Federal co-chair of the Council.

(B) Appointment.--

(i) Federal co-chair.--The Secretary shall be Federal co-chair.

(ii) Non-federal co-chair.--The non-Federal members of the Council shall select, on a biannual basis, a non-Federal co-chair of the Council from among the members appointed under paragraph (2).

(7) Director of the office.--

(A) In general.--The Director of the Office shall serve as Secretary of the Council.

(B) Duties.--The Director of the Office shall serve the interests of all members of the Council.

(c) Duties of the Council.--

(1) In general.--The Council shall--

(A) not later than 1 year after the date of the first meeting of the Council, develop a comprehensive National Drought Policy Action Plan that--

(i)(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;

(ii) is consistent with--

(I) this Act and other applicable Federal laws; and

(II) the laws and policies of the States for water management;

(iii) is integrated with drought management programs of the States, Indian tribes, local governments, watershed groups, and private entities; and

(iv) avoids duplicating Federal, State, tribal, local, watershed, and private drought preparedness and monitoring programs in existence on the date of enactment of this Act;

(B) 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--

(i) discrepancies between the goals of the programs and actual service delivery;

(ii) duplication among programs; and

(iii) any other circumstances that interfere with the effective operation of the programs;

(C) make recommendations to the President, Congress, and appropriate Federal agencies on--

(i) the establishment of common interagency triggers for authorizing Federal drought mitigation programs; and

(ii) improving the consistency and fairness of assistance among Federal drought relief programs;

(D) encourage and facilitate the development of drought preparedness plans under this Act, including establishing the guidelines under this section;

(E) 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;

(F) develop and coordinate public awareness activities to provide the public with access to understandable and informative materials on drought, including--

(i) explanations of the causes of drought, the impacts of drought, and the damages from drought;

(ii) descriptions of the value and benefits of land stewardship to reduce the impacts of drought and to protect the environment;

(iii) clear instructions for appropriate responses to drought, including water conservation, water reuse, and detection and elimination of water leaks;

(iv) information on State and local laws applicable to drought; and

(v) opportunities for assistance to resource-dependent businesses and industries in times of drought; and

(G) establish operating procedures for the Council.

(2) Consultation.--In carrying out this subsection, the Council shall consult with groups affected by drought emergencies.

(3) Reports to congress.--

(A) Annual report.--

(i) 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 section.

(ii) Inclusions.--

(I) In general.--The annual report shall include a summary of drought preparedness plans.

(II) Initial report.--The initial report submitted under clause (i) shall include any recommendations of the Council.

(B) 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--

(i) amendments to this section; and

(ii) whether the Council should continue.

(d) Powers of the Council.--

(1) Hearings.--The Council may--

(A) hold hearings;

(B) meet and act at any time and place; and

(C) take any testimony and receive any evidence that the Council considers advisable to carry out this section.

(2) Information from federal agencies.--

(A) In general.--The Council may obtain directly from any Federal agency any information that the Council considers necessary to carry out this section.

(B) Provision of information.--

(i) In general.--Except as provided in clause (ii), on request of the Secretary or the non-Federal co-chair of the Council, the head of a Federal agency may provide information to the Council.

(ii) 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.

(3) 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.

(4) Gifts.--The Council may accept, use, and dispose of gifts or donations of services or property.

(e) Council Personnel Matters.--

(1) Compensation of members.--

(A) Non-federal employees.--A member of the Council who is not an officer or employee of the Federal Government shall serve without compensation.

(B) 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.

(2) Travel expenses.--A member of the Council shall be allowed travel expenses at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Council.

(f) Termination of Council.--The Council shall terminate on September 30 of the eighth fiscal year following the date of enactment of this Act.

(g) Effect of Section.--This section 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.

(h) Authorization of Appropriations.--There is authorized to be appropriated to carry out the activities of the Council $2,000,000 for each of fiscal years 2014 through 2021.

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Senate amendment submitted

May 23, 2013