Sec. 1502. National Drought Council and National Drought Policy Action Plan
1,567 words·~7 min read·
/bill/113/hr/2642/eah/section-1502A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section: The term Council means the National Drought Council established by this section. The term drought means a natural disaster that is caused by a deficiency in precipitation— 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 that causes or may cause— substantial economic or social impacts; or physical damage or injury to individuals, property, or the environment.
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 ). The term member , with respect to the National Drought Council, means a member of the Council specified or appointed under this section or, in the absence of the member, the member’s designee. 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.
The term Secretary means the Secretary of Agriculture. The term State means the several States, the District of Columbia, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the United States Virgin Islands. The term trigger means the thresholds or criteria that must be satisfied before mitigation or emergency assistance may be provided to an area— in which drought is emerging; or that is experiencing a drought. The term watershed means a region or area with common hydrology, an area drained by a waterway that drains into a lake or reservoir, the total area above a given point on a stream that contributes water to the flow at that point, or the topographic dividing line from which surface streams flow in two different directions.
In no case shall a watershed be larger than a river basin. 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. This section does not affect— the authority of a State to allocate quantities of water under the jurisdiction of the State; or any State water rights established as of the date of enactment of this Act.
There is established in the Office of the Secretary of Agriculture a council to be known as the National Drought Council . The Council shall be composed of— the Secretary (or the designee of the Secretary); the Secretary of Commerce (or the designee of the Secretary of Commerce); the Secretary of the Army (or the designee of the Secretary of the Army); the Secretary of the Interior (or the designee of the Secretary of the Interior); the Director of the Federal Emergency Management Agency (or the designee of the Director); the Administrator of the Environmental Protection Agency (or the designee of the Administrator); 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 Nation; 1 member appointed by the Secretary, in coordination with the National Association of Counties; 1 member appointed by the Secretary, in coordination with the United States Conference of Mayors; 1 member appointed by the Secretary of the Interior, in coordination with Indian tribes, to represent the interests of tribal governments; and 1 member appointed by the Secretary, in coordination with the National Association of Conservation Districts, to represent local soil and water conservation districts.
The appointment of each member of the Council shall be made not later than 120 days after the date of enactment of this Act. A non-Federal member of the Council appointed under paragraph
(2)shall be appointed for a term of two years. A vacancy on the Council— shall not affect the powers of the Council; and shall be filled in the same manner as the original appointment was made. Any member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term. The Council shall meet at the call of the co-chairs. The Council shall meet at least semiannually. A majority of the members of the Council shall constitute a quorum, but a lesser number may hold hearings or conduct other business. There shall be a Federal co-chair and non-Federal co-chair of the Council. The Secretary shall be the Federal co-chair. The non-Federal members of the Council shall elect, on a biannual basis, a non-Federal co-chair of the Council from among the members appointed under paragraph (2). The Council shall— not later than one year after the date of the first meeting of the Council, develop a comprehensive National Drought Policy Action Plan that— delineates and integrates responsibilities for activities relating to drought (including drought preparedness, mitigation, research, risk management, training, and emergency relief) among Federal agencies; and ensures that those activities are coordinated with the activities of the States, local governments, Indian tribes, and neighboring countries; is consistent with— this Act and other applicable Federal laws; and the laws and policies of the States for water management; is integrated with drought management programs of the States, Indian tribes, local governments, watershed groups, and private entities; and avoids duplicating Federal, State, tribal, local, watershed, and private drought preparedness and monitoring programs in existence on the date of enactment of this Act; 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— discrepancies between the goals of the programs and actual service delivery; duplication among programs; and any other circumstances that interfere with the effective operation of the programs; make recommendations to the President, Congress, and appropriate Federal agencies on— the establishment of common interagency triggers for authorizing Federal drought mitigation programs; and improving the consistency and fairness of assistance among Federal drought relief programs; encourage and facilitate the development of drought preparedness plans under subtitle C, including establishing the guidelines under this section; 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; develop and coordinate public awareness activities to provide the public with access to understandable and informative materials on drought, including— explanations of the causes of drought, the impacts of drought, and the damages from drought; descriptions of the value and benefits of land stewardship to reduce the impacts of drought and to protect the environment; clear instructions for appropriate responses to drought, including water conservation, water reuse, and detection and elimination of water leaks; information on State and local laws applicable to drought; and opportunities for assistance to resource-dependent businesses and industries in times of drought; and establish operating procedures for the Council. In carrying out this subsection, the Council shall consult with groups affected by drought emergencies. Not later than one 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. The annual report shall include a summary of drought preparedness plans. The initial report submitted under subparagraph
(A)shall include any recommendations of the Council. Not later than seven years after the date of enactment of this Act, the Council shall submit to Congress a report that recommends— amendments to this section; and whether the Council should continue. 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 section. The Council may obtain directly from any Federal agency any information that the Council considers necessary to carry out this section. 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. 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. The Council may use the United States mail in the same manner and under the same conditions as other agencies of the Federal Government. The Council may accept, use, and dispose of gifts or donations of services or property. A member of the Council who is not an officer or employee of the Federal Government shall serve without compensation. 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. 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. The Council shall terminate at the end of the eighth fiscal year beginning on or after the date of the enactment of this Act.
Connectionstraces to 1
Traces to 1 document
U.S. Code
Citation graph
cites case law
Sec. 1502
National Drought Council and National Drought Policy Action Plan
Cites 1Cited by 0 across 0 sources