[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1919 Reported in Senate (RS)]

                                                       Calendar No. 512

103d CONGRESS

  2d Session

                                S. 1919

                          [Report No. 103-306]

_______________________________________________________________________

                                 A BILL

 To improve water quality within the Rio Puerco watershed and to help 
restore the ecological health of the Rio Grande through the cooperative 
 identification and implementation of best management practices which 
are consistent with the ecological, geological, cultural, sociological, 
                 and economic conditions in the region.

_______________________________________________________________________

                              July 7, 1994

                        Reported with amendments





                                                       Calendar No. 512
103d CONGRESS
  2d Session
                                S. 1919

                          [Report No. 103-306]

 To improve water quality within the Rio Puerco watershed and to help 
restore the ecological health of the Rio Grande through the cooperative 
 identification and implementation of best management practices which 
are consistent with the ecological, geological, cultural, sociological, 
                 and economic conditions in the region.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             March 10 (legislative day, February 22), 1994

  Mr. Bingaman introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

                              July 7, 1994

    Reported, under authority of the order of the Senate of June 27 
   (legislative day, June 7), 1994, by Mr. Johnston, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
 To improve water quality within the Rio Puerco watershed and to help 
restore the ecological health of the Rio Grande through the cooperative 
 identification and implementation of best management practices which 
are consistent with the ecological, geological, cultural, sociological, 
                 and economic conditions in the region.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Rio Puerco Watershed Act of 1994''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) over time, extensive ecological changes have occurred 
        in the Rio Puerco watershed, including--
                    (A) erosion of agricultural and range lands;
                    (B) impairment of waters due to heavy 
                sedimentation;
                    (C) reduced productivity of renewable resources;
                    (D) loss of biological diversity;
                    (E) loss of functioning riparian areas; and
                    (F) loss of available surface water;
            (2) damage to the watershed has seriously affected the 
        economic and cultural well-being of its inhabitants, 
        including--
                    (A) loss of existing communities that were based on 
                the land and were self-sustaining; and
                    (B) adverse effects on the traditions, customs, and 
                cultures of the affected communities;
            (3) a healthy and sustainable ecosystem is essential to the 
        long-term economic and cultural viability of the region;
            (4) the impairment of the Rio Puerco watershed has damaged 
        the ecological and economic well-being of the area below the 
        junction of the Rio Puerco with the Rio Grande including--
                    (A) disruption of ecological processes;
                    (B) water quality impairment;
                    (C) significant reduction in the water storage 
                capacity and life expectancy of the Elephant Butte Dam 
                and Reservoir system due to sedimentation;
                    (D) chronic problems of irrigation system channel 
                maintenance; and
                    (E) increased risk of flooding caused by sediment 
                accumulation;
            (5) the Rio Puerco is a major tributary of the Rio Grande 
        and the coordinated implementation of ecosystem-based best 
        management practices for the Rio Puerco system could benefit 
        the larger Rio Grande system;
            (6) the Rio Puerco watershed has been stressed from the 
        loss of native vegetation, introduction of exotic species, and 
        alteration of riparian habitat which have disrupted the 
        original dynamics of the river and disrupted natural ecological 
        processes;
            (7) the Rio Puerco watershed is a mosaic of private, 
        Federal, tribal trust, and State land ownership with diverse, 
        sometimes differing management objectives;
            -(-8-) -d-e-v-e-l-o-p-m-e-n-t-, 
        -i-m-p-l-e-m-e-n-t-a-t-i-o-n-, -a-n-d -m-o-n-i-t-o-r-i-n-g -o-f 
        -a-n -e-f-f-e-c-t-i-v-e -w-a-t-e-r-s-h-e-d -m-a-n-a-g-e-m-e-n-t 
        -p-r-o-g-r-a-m -f-o-r -t-h-e -R-i-o -P-u-e-r-c-o 
        -w-a-t-e-r-s-h-e-d -r-e-q-u-i-r-e-s -c-o-o-p-e-r-a-t-i-o-n 
        -a-m-o-n-g---
                    -(-A-) -t-h-e -B-u-r-e-a-u -o-f -L-a-n-d 
                -M-a-n-a-g-e-m-e-n-t-;
                    -(-B-) -t-h-e -R-i-o -P-u-e-r-c-o 
                -W-a-t-e-r-s-h-e-d -C-o-m-m-i-t-t-e-e-;
                    -(-C-) -t-h-e -N-a-t-i-o-n-a-l -F-o-r-e-s-t 
                -S-e-r-v-i-c-e-;
                    -(-D-) -t-h-e -P-u-e-b-l-o-s -o-f -A-c-o-m-a-, 
                -I-s-l-e-t-a-, -J-e-m-e-z-, -a-n-d -L-a-g-u-n-a-;
                    -(-E-) -t-h-e -E-a-s-t-e-r-n -a-n-d 
                -C-a-n-o-n-c-i-t-o -B-a-n-d-s -o-f -t-h-e -N-a-v-a-j-o 
                -N-a-t-i-o-n-;
                    -(-F-) -t-h-e -J-i-c-a-r-i-l-l-a -A-p-a-c-h-e 
                -T-r-i-b-e-;
                    -(-G-) -t-h-e -B-u-r-e-a-u -o-f 
                -R-e-c-l-a-m-a-t-i-o-n-;
                    -(-H-) -t-h-e -G-e-o-l-o-g-i-c-a-l -S-u-r-v-e-y-;
                    -(-I-) -t-h-e -B-u-r-e-a-u -o-f -I-n-d-i-a-n 
                -A-f-f-a-i-r-s-;
                    -(-J-) -t-h-e -F-i-s-h -a-n-d -W-i-l-d-l-i-f-e 
                -S-e-r-v-i-c-e-;
                    -(-K-) -t-h-e -S-o-i-l -a-n-d 
                -C-o-n-s-e-r-v-a-t-i-o-n -S-e-r-v-i-c-e-;
                    -(-L-) -t-h-e -A-r-m-y -C-o-r-p-s -o-f 
                -E-n-g-i-n-e-e-r-s-;
                    -(-M-) -t-h-e -N-a-t-i-o-n-a-l -P-a-r-k 
                -S-e-r-v-i-c-e-;
                    -(-N-) -t-h-e -S-t-a-t-e -o-f -N-e-w -M-e-x-i-c-o-;
                    -(-O-) -p-r-i-v-a-t-e -l-a-n-d-o-w-n-e-r-s-;
                    -(-P-) -l-o-c-a-l -a-n-d -r-e-g-i-o-n-a-l 
                -g-o-v-e-r-n-m-e-n-t-a-l -e-n-t-i-t-i-e-s-;
                    -(-Q-) -o-t-h-e-r -i-n-t-e-r-e-s-t-e-d 
                -c-i-t-i-z-e-n-s-; -a-n-d
                    -(-R-) -a-f-f-e-c-t-e-d -l-o-c-a-l -s-o-i-l -a-n-d 
                -w-a-t-e-r -c-o-n-s-e-r-v-a-t-i-o-n 
                -d-i-s-t-r-i-c-t-s-;
            (8) development, implementation, and monitoring of an 
        effective watershed management program for the Rio Puerco 
        watershed is best achieved through cooperation among affected 
        Federal, State, local, and tribal entities;
            (9) the Secretary of the Interior, acting through the 
        Director of the Bureau of Land Management, in consultation with 
        the entities listed in paragraph -(-7-) (8), and in cooperation 
        with the Rio Puerco Watershed Committee, is best suited to 
        coordinate management efforts in the Rio Puerco watershed; and
            (10) accelerating the pace of improvement in Rio Puerco 
        watershed on a coordinated, cooperative basis will benefit 
        persons living in the watershed as well as downstream users on 
        the Rio Grande.

SEC. 3. MANAGEMENT PROGRAM.

    (a) In General.--The Secretary of the Interior, acting through the 
Bureau of Land Management and in consultation with the Rio Puerco 
Management Committee established pursuant to section 4, shall--
            (1) establish a clearinghouse for research and information 
        on management within -t-h-e -R-i-o -P-u-e-r-c-o 
        -w-a-t-e-r-s-h-e-d-, the area identified as the Rio Puerco 
        Drainage Basin as depicted on the map entitled ``The Rio Puerco 
        Watershed'' dated June 1994, as described in the attached map, 
        including--
                    (A) current and historical natural resource 
                conditions; and
                    (B) data concerning the extent and causes of 
                watershed impairment; -a-n-d
                    -(-C-) -i-m-p-l-e-m-e-n-t-a-t-i-o-n-, 
                -m-o-n-i-t-o-r-i-n-g-, -a-n-d -e-v-a-l-u-a-t-i-o-n -o-f 
                -b-e-s-t -m-a-n-a-g-e-m-e-n-t -p-r-a-c-t-i-c-e-s 
                -i-n-i-t-i-a-t-e-d -w-i-t-h-i-n -t-h-e 
                -w-a-t-e-r-s-h-e-d-; -a-n-d
            -(-2-) -p-r-o-v-i-d-e -s-u-p-p-o-r-t -t-o -t-h-e -R-i-o 
        -P-u-e-r-c-o -M-a-n-a-g-e-m-e-n-t -C-o-m-m-i-t-t-e-e -t-o 
        -i-d-e-n-t-i-f-y -o-b-j-e-c-t-i-v-e-s-, -c-o-o-r-d-i-n-a-t-e 
        -i-m-p-l-e-m-e-n-t-a-t-i-o-n -o-f -b-e-s-t -m-a-n-a-g-e-m-e-n-t 
        -p-r-a-c-t-i-c-e-s-, -a-n-d -m-o-n-i-t-o-r -r-e-s-u-l-t-s-.
            (2) establish an inventory of best management practices and 
        related monitoring activities that have been or may be 
        implemented within the area identified as the Rio Puerco 
        Watershed Project as depicted on the map entitled ``The Rio 
        Puerco Watershed'' dated June 1994; and
            (3) provide support to the Rio Puerco Management Committee 
        to identify objectives, monitor results of ongoing projects, 
        and develop alternative watershed management plans for the Rio 
        Puerco Drainage Basin, based on best management practices.
    (b) Rio Puerco Management Plan.--Not later than 2 years after the 
date of enactment of this Act, the Secretary, in consultation with the 
Rio Puerco Management Committee, -s-h-a-l-l -p-r-e-p-a-r-e -a -p-l-a-n 
-f-o-r -t-h-e -r-e-s-t-o-r-a-t-i-o-n -o-f -t-h-e -R-i-o -P-u-e-r-c-o 
-w-a-t-e-r-s-h-e-d-. -T-h-e -p-l-a-n -s-h-a-l-l---shall prepare a 
report of appropriate alternatives for the improvement of watershed 
conditions in the Rio Puerco Drainage Basin. The alternatives shall--
            (1) identify reasonable and appropriate goals and 
        objectives for landowners and managers in the Rio Puerco 
        watershed;
            (2) describe potential alternative actions to meet the 
        goals and objectives, including proven best management 
        practices and costs associated with implementing the actions;
            (3) recommend voluntary implementation of appropriate best 
        management practices on both public and private lands;
            (4) provide for cooperative development of management 
        guidelines for maintaining and improving the ecological, 
        cultural, and economic conditions on both public and private 
        lands;
            (5) provide for the development of public participation and 
        community outreach programs that would include proposals for--
                    (A) cooperative efforts with private landowners to 
                encourage implementation of best management practices 
                within the watershed; and
                    (B) involving private citizens in restoring the 
                watershed;
            (6) provide for the development of proposals for voluntary 
        cooperative programs among the Rio Puerco Management Committee 
        membership to implement best management practices in a 
        coordinated, consistent, and cost-effective manner;
            (7) provide for the encouragement and support 
        implementation of best management practices on private lands; 
        and
            (8) provide for the development of proposals for a 
        monitoring system that--
                    (A) builds upon existing data available from 
                private, Federal, and State sources;
                    (B) provides for the coordinated collection, 
                evaluation, and interpretation of additional data as 
                needed or collected; and
                    (C) will provide information to--
                            (i) assess existing resource and 
                        socioeconomic conditions;
                            (ii) identify priority implementation 
                        actions; and
                            (iii) assess the effectiveness of actions 
                        taken.
    -(-c-) -A-d-d-i-t-i-o-n-a-l -A-s-s-i-s-t-a-n-c-e-.----I-f -t-h-e 
-S-e-c-r-e-t-a-r-y -o-f -t-h-e -I-n-t-e-r-i-o-r -d-e-t-e-r-m-i-n-e-s 
-t-h-a-t -e-m-p-l-o-y-m-e-n-t -o-f -a-d-d-i-t-i-o-n-a-l 
-p-e-r-s-o-n-n-e-l -i-s -n-e-c-e-s-s-a-r-y -t-o -c-a-r-r-y -o-u-t 
-t-h-i-s -A-c-t-, -t-h-e -S-e-c-r-e-t-a-r-y -s-h-a-l-l-, -w-h-e-r-e 
-f-e-a-s-i-b-l-e-, -e-m-p-l-o-y -i-n-d-i-v-i-d-u-a-l-s -w-h-o 
-r-e-s-i-d-e -i-n -t-h-e -v-i-c-i-n-i-t-y -o-f -t-h-e -R-i-o 
-P-u-e-r-c-o -w-a-t-e-r-s-h-e-d -r-e-s-t-o-r-a-t-i-o-n -a-r-e-a-.

SEC. 4. RIO PUERCO MANAGEMENT COMMITTEE.

    (a) Establishment.--There is established the Rio Puerco Management 
Committee (referred to in this section as the ``Committee'').
    (b) Membership.--The Committee shall be convened by a 
representative of the Bureau of Land Management, and shall include 
representatives from--
            (1) the Rio Puerco Watershed Committee;
            (2) affected tribes and pueblos;
            (3) the National Forest Service of the Department of 
        Agriculture;
            (4) the Bureau of Reclamation;
            (5) the Geological Survey;
            (6) the Bureau of Indian Affairs;
            (7) the Fish and Wildlife Service;
            (8) the Army Corps of Engineers;
            (9) the Soil -a-n-d Conservation Service of the Department 
        of Agriculture;
            (10) the State of New Mexico, including the New Mexico 
        Environment Department and the State Engineer;
            (11) affected local Soil and Water Conservation Districts;
            (12) the Elephant Butte Irrigation District;
            (13) private landowners; and
            (14) other interested citizens.
    (c) Duties.--The Rio Puerco Management Committee shall--
            (1) advise the Secretary of the Interior, acting through 
        the Director of the Bureau of Land Management, on the 
        development and implementation of the Rio Puerco Management 
        Program described in section 3; and
            (2) serve as a forum for information about activities that 
        may affect or further the development and implementation of the 
        best management practices described in section 3.

SEC. 5. REPORT.

    Two years after the date of enactment of this Act, and biennially 
thereafter, the Secretary of the Interior, in consultation with the Rio 
Puerco Management Committee, shall transmit to the Committee on Energy 
and Natural Resources of the Senate and to the Committee on Natural 
Resources of the House of Representatives a report containing--
            (1) a summary of accomplishments as outlined in section 3; 
        and
            (2) proposals for joint implementation efforts, including 
        funding recommendations.

SEC. 6. LOWER RIO GRANDE HABITAT STUDY.

    -(-a-) -I-n -G-e-n-e-r-a-l-.----T-h-e -S-e-c-r-e-t-a-r-y -o-f 
-t-h-e -I-n-t-e-r-i-o-r-, -a-c-t-i-n-g -t-h-r-o-u-g-h -t-h-e 
-D-i-r-e-c-t-o-r -o-f -t-h-e -F-i-s-h -a-n-d -W-i-l-d-l-i-f-e 
-S-e-r-v-i-c-e -s-h-a-l-l-, -i-n -c-o-o-p-e-r-a-t-i-o-n -w-i-t-h -t-h-e 
-S-t-a-t-e-s -o-f -N-e-w -M-e-x-i-c-o -a-n-d -T-e-x-a-s-, 
-c-o-n-d-u-c-t -a -s-t-u-d-y -o-f -t-h-e -R-i-o -G-r-a-n-d-e -f-r-o-m 
-C-a-b-a-l-l-o -L-a-k-e -t-o -t-h-e -G-u-l-f -o-f -M-e-x-i-c-o-. -T-h-e 
-s-t-u-d-y -s-h-a-l-l -i-n-c-l-u-d-e---
    (a) In General.--The Secretary of the Interior shall, in 
cooperation with the State of New Mexico, conduct a study of the Rio 
Grande from Caballo Lake to Sunland Park, New Mexico. The study shall 
include--
            (1) a survey of the current habitat conditions of the river 
        and its riparian environment;
            (2) identification of the changes in vegetation and habitat 
        over the past 400 years and the -a-f-f-e-c-t effect of the 
        changes on the river and riparian area; and
            (3) an assessment of the feasibility, benefits, and 
        problems associated with activities to prevent further habitat 
        loss and restoration of habitat through reintroduction or 
        establishment of appropriate native plant species.
    (b) Transmittal.--Not later than -1 -y-e-a-r 3 years after the date 
on which funds are made available to carry out this Act, the Secretary 
shall transmit the study authorized by this section to the Committee on 
Energy and Natural Resources of the Senate and to the Committee on 
Natural Resources of the House of Representatives.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out -t-h-i-s -A-c-t-, -a-n-d -t-o -i-m-p-l-e-m-e-n-t -t-h-e 
-p-l-a-n -p-r-e-p-a-r-e-d -p-u-r-s-u-a-n-t -t-o -s-e-c-t-i-o-n 
-3-(-b-)-. this Act.