[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.
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