II 110th CONGRESS 1st Session S. 728 IN THE SENATE OF THE UNITED STATES March 1, 2007 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 restoration projects along the Middle Rio Grande.

1.

Findings

Congress finds that— (1)the Middle Rio Grande bosque is— (A)a unique riparian forest along the Middle Rio Grande in New Mexico; (B)the largest continuous cottonwood forest in the Southwest; (C)one 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.

2.

Definitions

In this Act: (1)

Middle rio grande

The term Middle Rio Grande means the portion of the Rio Grande from Cochiti Dam to the headwaters of Elephant Butte Reservoir, in the State of New Mexico. (2)

Restoration project

The term restoration project means a project carried out under this Act that will produce, consistent with other Federal programs, projects, and activities, immediate and substantial ecosystem restoration, preservation, recreation, and protection benefits. (3)

Secretary

The term Secretary means the Secretary of the Army.

3.

Middle Rio Grande restoration

(a)

Restoration projects

The Secretary shall carry out restoration projects along the Middle Rio Grande. (b)

Project selection

(1)

In general

The Secretary may select 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 restoration projects. (c)

Local participation

In carrying out this Act, the Secretary shall consult with— (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 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 restoration project through in-kind services or direct cash contributions, including the cost of providing necessary land, easements, rights-of-way, relocations, and disposal sites; (B)to pay 100 percent of the operation, maintenance, repair, replacement, and rehabilitation costs associated with the restoration project that are incurred after the date of enactment of this Act; and (C)to hold the United States harmless for any claim or damage that may arise from the negligence of the Federal Government or a contractor of the Federal Government. (2)

Non-Federal interests

Notwithstanding section 221 of the Flood Control Act of 1970 (42 U.S.C. 1962d–5b), a non-Federal interest carrying out a restoration project under this Act may include a nonprofit entity. (3)

Recreational features

(A)

In general

Any recreational features included as part of a 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 restoration project in excess of the amount described in subparagraph (A) shall be paid by the non-Federal interests. (4)

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 (including activities carried out before the execution of the cooperation agreement for a restoration project) if the Secretary determines that the work performed by the non-Federal interest is integral to the project.

4.

Authorization of appropriations

There are authorized to be appropriated to carry out this Act— (1)$10,000,000 for fiscal year 2007; and (2)such sums as are necessary for each of fiscal years 2008 through 2016.