[Congressional Record Volume 148, Number 93 (Thursday, July 11, 2002)]
[Senate]
[Pages S6650-S6651]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DOMENICI:
  S. 2719. A bill to authorize the Secretary of the Army to carry out 
critical restoration projects along the Middle Rio Grande; to the 
Committee on Environment and Public Works.
  Mr. DOMENICI. Madam President, great endeavors begin with a vision. 
Last fall, I joined the Middle Rio Grande Conservancy District and the 
Army Corps of Engineers in unveiling a vision that would rehabilitate 
and restore the Rio Grande Bosque in Albuquerque, NM.
  Today, I rise to introduce a bill that will make that vision a 
reality. Since last fall, the Army Corps of Engineers has undertaken 
the task of conducting a feasibility study so that we might gain a 
better understanding of how best to rehabilitate and restore this 
beautiful Albuquerque green belt.
  I remain grateful to each of the parties who have been involved with 
this idea since its inception. Each one contributes a very critical 
component. The Middle Rio Grande Conservancy District owns this vital 
part of the Bosque which runs from the National Hispanic Cultural 
Center north to the Paseo Del Norte bridge. The MRGCD has proven to be 
a valuable local partner in identifying areas for non-native species 
and other environmental restoration work. Additionally, MRGCD continues 
to work on the development and implementation of an educational 
campaign for local public schools on the importance of the Bosque. 
Finally, MRGCD has continually worked with all parties to provide 
options on how the Bosque can be preserved, protected and enjoyed by 
everyone.

[[Page S6651]]

  Last year I committed to requesting the Army Corps of Engineers to 
develop a preliminary restoration plan for the Bosque along the 
Albuquerque corridor. I have done that and the plan is well underway. 
This bill that I introduce today is the next step in following through 
on this project.
  Specifically, this bill authorizes $75 million dollars to complete 
projects, activities, substantial ecosystem restoration, preservation, 
protection and recreation along the Middle Rio Grande.
  Having grown up in Albuquerque, the Bosque is something I treasure. I 
have been very involved in Bosque restoration since 1991 and I commend 
the Bosque Coalition for the work they have done, and will continue to 
do, all along the river.
  This new vision, specific to the Albuquerque Corridor, builds on that 
idea and is a logical complement to these previous efforts as well as 
towards Bosque revitalization, restoration and recovery along the 
entire Rio Grande river.
  This area was designated as a State park many years ago. As many of 
you know, this area has been overrun by non-native vegetation, peppered 
with graffiti, cluttered with trash and as we saw this past year, has 
become more susceptible to fire.
  I want to ensure that the Albuquerque corridor, which is a unique and 
irreplaceable part of the desert Southwest's ecosystem, is preserved 
for generations to come. A healthy ecosystem is key to such things as 
the protection of threatened species and overall river flow.
  We know that the river in this area is vital habitat for many 
species, including the endangered Rio Grande Silvery minnow. Efforts 
reducing non-native species, while protecting all from the possibility 
of devastating wildfire, will also improve the flow of the river and 
habitat for its many species.
  At the same time, the Bosque is a natural green belt through 
Albuquerque. This area should be made beautiful and more accessible to 
the public for enjoyment.
  I am grateful that all parties have come together and that I can be a 
part of making this vision a reality. I ask unanimous consent that the 
text of the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2719

       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 for any design or construction 
     activities carried out by the non-Federal interests before 
     the date of execution of a cost-sharing agreement for a 
     critical restoration project if the Secretary determines in 
     the feasibility study for the critical restoration project 
     that the activities are part of the critical restoration 
     project.

     SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to carry out this 
     Act--
       (1) $10,000,000 for fiscal year 2003; and
       (2) such sums as are necessary for each of fiscal years 
     2004 through 2012.
                                 ______