[Congressional Record Volume 149, Number 66 (Tuesday, May 6, 2003)]
[Senate]
[Pages S5774-S5775]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

                            By Mr. DOMENICI:

  S. 997. 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. Mr. President, those of us privileged to represent our 
fellow citizens on this hallowed floor get far too few opportunities to 
help usher in visionary projects that can potentially transform 
communities, both of man and of nature. I rise today to tell you about 
a project that has been discussed before on this floor; I bring it to 
your attention again because I believe it's a project worth doing and 
worth doing well. It concerns one of New Mexico's unique natural 
treasures: the Middle Rio Grande Bosque.
  According to an old Chinese Proverb, ``if you are thinking 1 year 
ahead, sow seed. If you are thinking 10 years ahead, plant a tree. If 
you are thinking 100 years ahead, educate the people.'' The bill I am 
introducing today encompasses the wisdom of this proverb.
  Two years ago, I joined the Middle Rio Grande Conservancy District 
and the Army Corps of Engineers in unveiling a vision for the Bosque 
that would rehabilitate and restore this long neglected treasure of the 
Southwest. I return here today to begin implementing that vision.
  The Albuquerque metropolitan area is the largest concentration of 
people in New Mexico. It is also the home to the irreplaceable riparian 
forest which runs through the heart of the city and surrounding towns 
that is the Bosque. It is the largest continuous cottonwood forest in 
the Southwest, and one of the last of its kind in the world.
  Unfortunately, mismanagement, neglect, and the effects of upstream 
development have severely degraded the Bosque. The list of its woes is 
long: it has been overrun by non-native vegetation; graffiti and trash 
mar locations along its length; the drought and build up of hazardous 
fuel have contributed to an increased susceptibility to fire. As a 
result, public access is problematical and crucial habitat for scores 
of species is threatened. And yet, it remains one of the most 
biologically diverse ecosystems in the Southwest. My goal is to restore 
the Bosque and create a space that is open and attractive to the 
public.
  This is a grand undertaking to be sure; but I want to ensure that 
this extraordinary corridor of the Southwestern desert is preserved for 
generations to come: not only for generations of humans, but for the 
diverse plant and animal species that reside in it as well.
  Situated in the heart of the State's largest city, its potential to 
be a special attraction for residents is exciting. Equally exciting are 
the potential benefits to the ecosystem as a whole. The rehabilitation 
of this ecosystem leads to greater protection for threatened and 
endangered species; it means more migratory birds, healthier habitat 
for fish, and greater numbers of towering cottonwood trees.
  This project could be one of the far too rare opportunities to both 
increase the quality of life for a city while assuring the health and 
stability of an entire ecosystem. We would be increasing the 
attractiveness of Albuquerque to businesses while improving the home of 
the Silvery Minnow. Where trash is now strewn, walking paths and horse 
trails will run. Where jetty jacks and discarded rubble lie, cottonwood 
will grow. The dead trees and underbrush that threaten devastating fire 
will be replaced by healthy groves of trees. School children will be 
able to study and maybe catch sight of a bald eagle. The chance to help 
build a dynamic public space like this does not come around often, and 
I would like to see Congress embrace that chance.
  Having grown up in along the Rio Grande in Albuquerque, the Bosque is 
something I treasure; and I lament the degradation that has occurred. 
Because of this, I have been involved in Bosque restoration since 1991 
and I commend the efforts of groups like the Bosque Coalition for the 
work they have done, and will continue to do, along the river. I 
propose to build on that rehabilitation. The effort I put in front of 
you today is a logical complement to these previous efforts as well as 
towards Bosque revitalization, restoration, and recovery for the entire 
Rio Grande.
  Already work is underway. Over the past two years, the Army Corps of 
Engineers has undertaken the task of conducting a study so that we 
might gain a better understanding of how best to rehabilitate and 
restore this beautiful Albuquerque greenbelt.
  I remain grateful to each of the parties who have been involved with 
this

[[Page S5775]]

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.
  The Army Corps of Engineers is developing a preliminary restoration 
plan for the Bosque along the Albuquerque corridor. The plan is well 
underway and is moving towards the development of a feasibility study.
  Specifically, this bill authorizes $10 million dollars in fiscal year 
2004 and such sums as are necessary for the following nine years to 
complete projects, activities, substantial ecosystem restoration, 
preservation, protection, and recreation facilities along the Middle 
Rio Grande. I urge my fellow members to help preserve this rare and 
diverse ecosystem and to aid the city of Albuquerque and the State of 
New Mexico in building a place to treasure.
  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. 997

       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.
                                 ______