1.This Act may be cited as the
Middle Rio Grande Endangered Species
Collaborative Program Act
.
2.
In this Act:
(1)The term
Collaborative Program means the Middle Rio Grande Endangered
Species Collaborative Program established under section 3(a).
(2)The term
Executive Committee means the Executive Committee established
under section 4(c).
(3)Interests in
land and waterThe term
interests in land and water includes purchases, leases, easements,
and agreements to provide water storage, land, or water that are obtained from
willing sellers, lessors, or contributors in compliance with applicable
Federal, State, or tribal laws.
(4)
(A)The term Middle
Rio Grande means the headwaters of the Rio Chama and the Rio Grande,
including all tributaries, from the State line between Colorado and New Mexico
downstream to the elevation corresponding with the spillway crest of Elephant
Butte Dam at 4,457.3 feet mean sea level.
(B)The term Middle Rio Grande
excludes the land area reserved for the full pool of the Elephant Butte
Reservoir.
(5)Middle Rio
Grande Conservancy DistrictThe term Middle Rio Grande
Conservancy District means the political subdivision of the State of
that name, created in 1925.
(6)
(A)The term
project means a scientific or management study, a planning,
design, permitting, construction, operations, maintenance, or replacement
activity, or the acquisition of interests in land or water.
(B)The term project
includes—
(i)a project begun but not completed by the
Endangered Species Collaborative Program before the date of enactment of this
Act; and
(ii)a project recommended by the Executive
Committee after the date of enactment of this Act that carries out the purposes
described in section 3(b).
(7)The term Rio
Grande Compact means the Rio Grande Compact—
(A)for which Congress provided consent under
the Act of May 31, 1939 (53 Stat. 785, chapter 155); and
(B)that was ratified by the States of
Colorado, New Mexico, and Texas.
(8)The term Secretary means the
Secretary of the Army, acting through the Chief of Engineers.
(9)The term
signatory member means any Federal, State, or municipal agency,
tribe, or public or private organization that has signed the memorandum of
agreement described in section 4(c)(1)(C).
(10)The term silvery
minnow means the species Hybognathus amarus, commonly known as the Rio
Grande silvery minnow, a fish listed as an endangered species, as described in
the notice entitled Final Rule to List the Rio Grande Silvery Minnow as
an Endangered Species
(59 Fed. Reg. 36988 (July 20, 1994)).
(11)The term State
means the
State of New Mexico.
(12)The term tribe means an Indian
pueblo or tribe that—
(A)occupies land in the Middle Rio Grande;
and
(B)is included on the list of federally
recognized tribes published by the Secretary of the Interior in accordance with
section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25
U.S.C. 479a–1).
(13)The term
willow flycatcher means the species Empidonax traillii extimus,
commonly known as the southwestern willow flycatcher, a migratory bird listed
as an endangered species, as described in the notice entitled Final Rule
Determining Endangered Status for the Southwestern Willow Flycatcher
(60 Fed. Reg. 10694 (February 27, 1995)).
3.
(a)The Secretary, in collaboration with the
Secretary of the Interior, shall establish the Middle Rio Grande Endangered
Species Collaborative Program in accordance with section 4.
(b)The purposes of the Collaborative Program
shall be—
(1)to carry out a long-term plan, including
projects to protect, and promote recovery of, the silvery minnow and willow
flycatcher in the Middle Rio Grande;
(2)to ensure compliance with the
Endangered Species Act of 1973
(16 U.S.C.
1531 et seq.) while maintaining water use in the Middle Rio
Grande in compliance with applicable law;
(3)to support improved water
management;
(4)to allow continued water
development;
(5)to benefit overall ecological
integrity;
(6)to promote cooperation and collaboration in
implementation of protection and recovery activities between Federal and
non-Federal entities;
(7)to coordinate Federal actions that promote
protection and recovery of the silvery minnow and willow flycatcher; and
(8)to establish a scientific basis for
implementation of activities through recovery plans to ensure protection and
recovery of the silvery minnow and willow flycatcher.
4.Collaborative program
structure
(a)Section 209 of the Energy and Water
Development Appropriations Act, 2004 (Public Law 108–137; 117 Stat. 1850) is
repealed.
(b)The Collaborative Program shall consist of
an Executive Committee, a Program Implementation Team, and working
groups.
(c)
(1)The Secretary, in
collaboration with the Secretary of the Interior shall—
(A)not later than 180 days after the date of
enactment of this Act, establish an Executive Committee consisting of Federal
and non-Federal entities described in paragraph (2) to—
(i)provide guidance to the Program
Implementation Team to develop and approve a long-term plan to carry out the
purposes of the Collaborative Program;
(ii)coordinate Collaborative Program projects
for the recovery of the silvery minnow and the willow flycatcher with other
Federal and non-Federal activities in the Middle Rio Grande to achieve the
greatest effect and limit unnecessary duplication of efforts to the maximum
extent practicable;
(iii)create, assign, and oversee tasks of the
Program Implementation Team and working groups as necessary to implement a
long-term plan and otherwise accomplish the purposes of the Collaborative
Program;
(iv)develop multiyear budget priorities and
present funding requests to the Corps of Engineers, the Bureau of Reclamation,
the United States Fish and Wildlife Service, other Federal agencies, and
non-Federal entities; and
(v)review work products undertaken by the
Collaborative Program, including development of plans, budgets, reports, and
requests for proposals;
(B)consider decisions made by 3/4
of a quorum as the recommendation to be carried out under the
Collaborative Program;
(C)develop, consistent with this Act, a
memorandum of agreement describing—
(i)the goals of the Collaborative
Program;
(ii)the responsibilities of the participants to
contribute to the success of the Collaborative Program; and
(iii)the administrative rules, bylaws, and
agreements governing Collaborative Program participation; and
(D)in cooperation with the members of the
Executive Committee, develop bylaws governing the operations of the Executive
Committee.
(2)
(A)Subject to
subparagraph (B), the Executive Committee shall be composed of—
(i)1 permanent voting member representing the
Bureau of Reclamation, appointed by the Secretary of the Interior;
(ii)1 permanent voting member representing the
United States Fish and Wildlife Service, appointed by the Secretary of the
Interior;
(iii)1 permanent voting member representing the
Corps of Engineers, appointed by the Secretary;
(iv)upon invitation by the Secretary, other
voting members who have signed the memorandum of agreement described in
paragraph (1)(C), representing any of—
(I)the State of New Mexico Interstate Stream
Commission;
(II)the State of New Mexico Department of Game
and Fish;
(III)the New Mexico Attorney General;
(IV)the Pueblo of Santo Domingo;
(V)the Pueblo of Sandia;
(VI)the Pueblo of Isleta;
(VII)the Pueblo of Santa Ana;
(VIII)the Middle Rio Grande Conservancy
District;
(IX)the Albuquerque–Bernalillo County Water
Authority;
(X)an organization that represents a
significant portion of the environmental community; and
(XI)an organization that represents a
significant portion of the farming community;
(v)the non-Federal cochairperson elected under
paragraph (4); and
(vi)upon unanimous recommendation of the
existing members, members representing any additional organizations that sign
the memorandum of agreement described in paragraph (1)(C).
(B)The total membership of
the Executive Committee shall not exceed 20 members.
(C)
(i)Except as provided in
clause (ii), 2/3 of the members of the Executive Committee
shall constitute a quorum.
(ii)For purposes of subparagraphs (A) and (C)
of paragraph (4), 2/3 of the non-Federal members of the
Executive Committee shall constitute a quorum.
(3)
(A)The Secretary of the
Interior shall select a Federal Cochairperson from the Department of the
Interior who shall—
(i)be a nonvoting member of the Executive
Committee;
(ii)convene the Executive Committee;
(iii)develop committee agendas;
(iv)call meetings;
(v)schedule votes and other decisionmaking
processes; and
(vi)hold the Program Implementation Team
accountable for assignments received from the Executive Committee.
(B)The Federal Cochairperson may be replaced
by the Secretary on a vote of no-confidence by 3/4 of a
quorum.
(4)Non-Federal
Cochairperson
(A)A non-Federal
Chairperson of the Executive Committee shall be elected on approval by
3/4 of a quorum.
(B)The non-Federal Chairperson shall—
(i)be a voting member of the Executive
Committee;
(ii)establish the Executive Committee agenda
jointly with the Federal Cochairperson; and
(iii)lead meetings in the absence of the Federal
Cochairperson.
(C)
(i)The non-Federal
Cochairperson may be removed by the Secretary on a vote of no-confidence by
3/4 of a quorum.
(ii)If the non-Federal Chairperson is removed
under clause (i), the vacancy shall be filled in accordance with subparagraph
(A).
(d)Program
implementation team
(1)The Secretary shall
establish a Program Implementation Team—
(A)administered by a program manager from the
Corps of Engineers; and
(B)supported by 1 representative of each
entity with membership on the Executive Committee that elects to provide a
representative.
(2)To support the goals of
the Collaborative Program, the Secretary of the Interior shall provide staff
for the Program Implementation Team from—
(A)the Bureau of Reclamation;
(B)the Bureau of Indian Affairs;
(C)the United States Fish and Wildlife
Service; or
(D)any other appropriate agency of the
Department of the Interior.
(3)Under the direction of the Executive
Committee, the Program Implementation Team shall—
(A)provide administrative support for all
Collaborative Program operations;
(B)not later than 1 year after the date of
enactment of this Act, prepare a long-term plan to carry out the purposes of
the Collaborative Program;
(C)consistent with the long-term plan, prepare
annual revisions, annual work plans, budget requests, and activity and fiscal
reports;
(D)provide information to the public
concerning activities of the Collaborative Program and undertake community
outreach;
(E)collaborate with other efforts relating to
the protection and recovery of the silvery minnow and willow flycatcher carried
out under other Federal programs and non-Federal programs, including—
(i)silvery minnow and willow flycatcher
recovery teams under the direction of the United States Fish and Wildlife
Service;
(ii)Bosque and ecosystem recovery programs
under the United States Fish and Wildlife Service and Corps of Engineers;
and
(iii)other related programs;
(F)administer project proposal
processes;
(G)administer contracts and grants, except for
those contracts and grants assigned to the Bureau of Reclamation;
(H)ensure that all activities undertaken by
the Collaborative Program comply with applicable laws; and
(I)undertake such other duties as are assigned
by the Executive Committee and necessary to carry out the Collaborative
Program.
(e)
(1)The Executive
Committee may create working groups to—
(A)provide advice to the Executive Committee
and the Program Implementation Team; and
(B)implement tasks consistent with the
purposes described in section 3(b).
(2)Working groups established under paragraph
(1) may consist of—
(A)members of the Program Implementation Team;
and
(B)individuals appointed by, and under the
direction of, the Program Implementation Team, including—
(i)representatives appointed by the Executive
Committee;
(ii)signatory members; or
(iii)individuals contracted by the Program
Implementation Team.
5.Collaborative program
activities
(a)The Secretary and the
Secretary of the Interior may—
(1)enter into any grants, contracts,
cooperative agreements, interagency agreements, or other agreements that the
Secretary and the Secretary of the Interior determine to be necessary to carry
out the Collaborative Program, including interagency agreements to transfer
funds between agencies within the jurisdiction of the Secretary and the
Secretary of the Interior; and
(2)accept or provide grants to carry out the
Collaborative Program.
(b)In carrying out the purposes of the
Collaborative Program—
(1)the Commissioner of Reclamation may—
(A)carry out flow requirements to comply with
the Biological Opinion described in section 205(b) of the Energy and Water
Development Appropriations Act, 2005 (Public Law 108–447; 118 Stat. 2949) or
any modifications to the Biological Opinion and other projects relating to
water management, including—
(i)acquiring interests in land and water to
meet minimum flow requirements;
(ii)monitoring and gaging flows;
(iii)pumping from the Low Flow Conveyance
Channel and other drains and channels to support silvery minnow and willow
flycatcher habitat; and
(iv)improving monitoring and gaging;
(B)consult with the signatory members
regarding opportunities and methods to accomplish the responsibilities;
(C)coordinate implementation of all other
activities carried out within the Middle Rio Grande under the jurisdiction of
the Bureau of Reclamation with the activities of the Collaborative Program to
achieve the purposes of the Collaborative Program; and
(D)construct fish passages at San Acacia
Diversion Dam and at Isleta Diversion Dam;
(2)the Secretary of the Army—
(A)may carry out and fund additional projects
not designated to the Commissioner of Reclamation under paragraph (1),
including—
(i)actions to induce overbank flooding and
creation of backwaters;
(ii)salvaging eggs;
(iii)improving monitoring and gaging;
(iv)performing habitat and ecosystem
restoration;
(v)regeneration of native vegetation and
monitoring of associated water depletions;
(vi)reconstructing a new San Marcial Railroad
bridge and realignment of the river channel;
(vii)developing ways to—
(I)increase sediment transport through Jemez
Canyon Dam, Galisteo Dam, and Cochiti Lake; and
(II)address issues of contaminated
sediment;
(viii)preventing salt cedar encroachment in
Angostura, Isleta and San Acacia reaches;
(ix)implementing captive propagation of silvery
minnow, including expansion of facilities;
(x)creating at least 2 new naturalized
refugia, 1 of which shall be carried out in partnership with the Bureau of
Reclamation, United States Fish and Wildlife Service, and Middle Rio Grande
Conservancy District without direct oversight by the Collaborative Program,
under the Silvery Minnow Off-Channel Sanctuaries Program as authorized under
section 6014 of the Emergency Supplemental Appropriations Act for Defense, the
Global War on Terror, and Tsunami Relief, 2005 (Public Law 109–13; 119 Stat.
283);
(xi)monitoring silvery minnow protection and
recovery efforts by conducting surveys of populations and habitat above Cochiti
Lake;
(xii)developing comprehensive water quality
assessments and managing changes in water quality;
(xiii)conducting studies and research necessary
to define the needs of listed species; and
(xiv)monitoring the effects of activities on
listed species;
(B)shall implement the decisions of the
Executive Committee in performing the activities described in subparagraph (A);
and
(C)shall coordinate implementation of all
other activities carried out within the Middle Rio Grande by the Corps of
Engineers with the activities of the Collaborative Program in order to achieve
the purposes of the Collaborative Program.
(c)
(1)Acquisition of
land or waterIn carrying out
this Act, the Secretary or the Secretary of the Interior may only acquire
interests in land and water.
(2)Nothing in this Act
preempts or affects State water law or an interstate compact governing
water.
(3)All actions carried out in accordance with
this Act shall be in compliance with applicable State, Federal, or tribal
law.
(4)No action carried out
under this Act shall impair the ability of the State to meet the obligations of
the State under the Rio Grande compact.
(5)The Secretary and the
Secretary of the Interior shall carry out activities under the Collaborative
Program consistent with State law.
(6)
(A)Consultations between
governments under this Act shall be carried out between the Secretary or the
Secretary of the Interior and tribes prior to initiating actions that would
impact tribal land or water rights.
(B)No action
involving access to, or use of, pueblo or tribal land may be carried out
without prior written consent of the affected pueblo or Indian tribe.
(7)In carrying out this Act, the Secretary and
the Secretary of Interior may collaborate with or enter into contracts,
cooperative agreements, interagency agreements, or other agreements with, or
accept or provide grants to, tribes that—
(A)are signatory members; but
(B)are not represented on the Executive
Committee.
(8)No effect on
certain authorityNothing in
this Act diminishes the authority, sovereignty, or rights of any person,
organization, tribe, or other governmental entity.
(9)No effect on
certain duties
(A)Nothing in this Act
diminishes or impairs—
(i)the trust relationship or responsibility of
the Federal Government to any tribe;
(ii)the obligation of the Federal Government to
consult with the tribes on a government-to-government basis; or
(iii)the ability of the Federal Government to
fund activities for the benefit of the tribes.
(B)Nothing in this Act restricts the Secretary
or the Secretary of the Interior from funding activities in accordance with the
Indian trust responsibility of the Federal Government.
(10)No effect on
reservoir operationsWhile
this Act provides additional authorization for the Secretary and the Secretary
of the Interior, nothing expands the discretion of the Secretary or the
Secretary of the Interior with respect to operating reservoir facilities under
the jurisdiction of the Secretary or the Secretary of the Interior in the
Middle Rio Grande.
6.
Not later than 1 year after the date of
enactment of this Act, and every 2 years thereafter, the Secretary and the
Secretary of the Interior shall submit to the Committee on Environment and
Public Works and the Committee on Energy and Natural Resources of the Senate
and the Committee on Resources of the House of Representatives a report
that—
(1)describes expenditure of appropriated funds
and cost-share contributions;
(2)describes activities carried out under this
Act; and
(3)describes compliance with the purposes of
this Act.
7.Authorization of
appropriations
(a)Authorization
of appropriations
(1)There is authorized
to be appropriated to the Secretary and the Secretary of the Interior such sums
as are necessary to carry out this Act for each of fiscal years 2006 through
2015.
(2)Amounts made available pursuant to
paragraph (1) shall be considered nonreimbursable Federal expenditures.
(b)
(1)Activities at
full Federal expense
(A)Water acquisition
and the cost of administration for water acquisition and water management by
the Bureau of Reclamation described in section 5(b)(1) shall be carried out at
full Federal expense.
(B)Administration of the Collaborative
Program, as described in section 4(d), including the participation of Federal
agencies in the Program Implementation Team, shall be carried out at full
Federal expense.
(2)
(A)Subject to
subparagraph (B), all projects or activities of the Collaborative Program not
described in paragraph (1) that are carried out by the Secretary or the
Secretary of the Interior shall require a non-Federal cost-share of 25
percent.
(B)
(i)The total non-Federal
share required under subparagraph (A) for all projects during the period of
fiscal years 2006 through 2015 shall be not more than $30,000,000.
(ii)On satisfaction of
the total non-Federal share described in clause (i)—
(I)no further non-Federal share shall be
required; and
(II)all projects and activities shall be
carried out at full Federal expense.
(C)The cost-share under subparagraph (A) may
be provided as—
(i)in-kind contributions, including
participation on the Program Implementation Team or in working groups, the
value of which shall be determined by Secretary; or
(ii)direct cash contributions.
(D)The amount of the
Federal and non-Federal cost-shares shall be determined on—
(i)a programmatic, rather than
project-by-project, basis; and
(ii)a 3-year interval with excess non-Federal
cost-share being credited to subsequent accounting periods.
(c)Not more than 15
percent of amounts made available under subsection (a) shall be used to pay the
administrative costs of carrying out the Program Implementation Team
established under section 4(d).