[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 997 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 997

     To authorize the Secretary of the Army to carry out critical 
           restoration projects along the Middle Rio Grande.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 6, 2003

 Mr. Domenici introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
     To authorize the Secretary of the Army to carry out critical 
           restoration projects along the Middle Rio Grande.

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

SECTION 1. FINDINGS.

    Congress finds that--
            (1) the Middle Rio Grande bosque is--
                    (A) a unique riparian forest located in 
                Albuquerque, New Mexico;
                    (B) the largest continuous cottonwood forest in the 
                Southwest;
                    (C) 1 of the oldest continuously inhabited areas in 
                the United States;
                    (D) home to portions of 6 pueblos; and
                    (E) a critical flyway and wintering ground for 
                migratory birds;
            (2) the portion of the Middle Rio Grande adjacent to the 
        Middle Rio Grande bosque provides water to many people in the 
        State of New Mexico;
            (3) the Middle Rio Grande bosque should be maintained in a 
        manner that protects endangered species and the flow of the 
        Middle Rio Grande while making the Middle Rio Grande bosque 
        more accessible to the public;
            (4) environmental restoration is an important part of the 
        mission of the Corps of Engineers; and
            (5) the Corps of Engineers should reestablish, where 
        feasible, the hydrologic connection between the Middle Rio 
        Grande and the Middle Rio Grande bosque to ensure the permanent 
        healthy growth of vegetation native to the Middle Rio Grande 
        bosque.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Critical restoration project.--The term ``critical 
        restoration project'' means a project carried out under this 
        Act that will produce, consistent with Federal programs, 
        projects, and activities, immediate and substantial ecosystem 
        restoration, preservation, recreation, and protection benefits.
            (2) Middle rio grande.--The term ``Middle Rio Grande'' 
        means the portion of the Rio Grande from Cochiti Dam to the 
        headwaters of Elephant Butte Dam, in the State of New Mexico.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Army.

SEC. 3. MIDDLE RIO GRANDE RESTORATION.

    (a) Critical Restoration Projects.--The Secretary shall carry out 
critical restoration projects along the Middle Rio Grande.
    (b) Project Selection.--
            (1) In general.--The Secretary may select critical 
        restoration projects in the Middle Rio Grande based on 
        feasibility studies.
            (2) Use of existing studies and plans.--In carrying out 
        subsection (a), the Secretary shall use, to the maximum extent 
        practicable, studies and plans in existence on the date of 
        enactment of this Act to identify the needs and priorities for 
        critical restoration projects.
    (c) Local Participation.--In carrying out this Act, the Secretary 
shall consult with, and consider the priorities of, public and private 
entities that are active in ecosystem restoration in the Rio Grande 
watershed, including entities that carry out activities under--
            (1) the Middle Rio Grande Endangered Species Act 
        Collaborative Program; and
            (2) the Bosque Improvement Group of the Middle Rio Grande 
        Bosque Initiative.
    (d) Cost Sharing.--
            (1) Cost-sharing agreement.--Before carrying out any 
        critical restoration project under this Act, the Secretary 
        shall enter into an agreement with the non-Federal interests 
        that shall require the non-Federal interests--
                    (A) to pay 25 percent of the total costs of the 
                critical restoration project;
                    (B) to provide land, easements, rights-of-way, 
                relocations, and dredged material disposal areas 
                necessary to carry out the critical restoration 
                project;
                    (C) to pay 100 percent of the operation, 
                maintenance, repair, replacement, and rehabilitation 
                costs associated with the critical restoration project 
                that are incurred after the date of enactment of this 
                Act; and
                    (D) to hold the United States harmless from any 
                claim or damage that may arise from carrying out the 
                critical restoration project (other than any claim or 
                damage that may arise from the negligence of the 
                Federal Government or a contractor of the Federal 
                Government).
            (2) Recreational features.--
                    (A) In general.--Any recreational features included 
                as part of a critical restoration project shall 
                comprise not more that 30 percent of the total project 
                cost.
                    (B) Non-federal funding.--The full cost of any 
                recreational features included as part of a critical 
                restoration project in excess of the amount described 
                in subparagraph (A) shall be paid by the non-Federal 
                interests.
            (3) Credit.--The non-Federal interests shall receive credit 
        toward the non-Federal share of the cost of design or 
        construction activities carried out by the non-Federal 
        interests before the execution of the project cooperation 
        agreement if the Secretary determines that the work performed 
        by the non-Federal interest is integral to the project.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act--
            (1) $10,000,000 for fiscal year 2004; and
            (2) such sums as are necessary for each of fiscal years 
        2005 through 2013.
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