[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.
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