[Congressional Record Volume 151, Number 6 (Wednesday, January 26, 2005)]
[Senate]
[Pages S588-S589]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DOMENICI (for himself Mr. Bingaman, Mr. Allard, Mr. 
        Baucus, and Mr. Ensign):
  S. 177. A bill to further the purposes of the Reclamation Projects 
Authorization and Adjustment Act of 1992 by directing the Secretary of 
the Interior, acting through the Commissioner of Reclamation, to carry 
out an assessment and demonstration program to control salt cedar and 
Russian olive, and for other purposes; to the Committee on Energy and 
Natural Resources.
  Mr. DOMENICI. Mr. President, I rise today to reintroduce a piece of 
legislation that is of paramount importance to the State of New Mexico 
and many other western States. This bill will address the mounting 
pressures brought on by the growing demands of a diminishing water 
supply throughout the west.
  The bill that I am introducing today authorizes the Department of the 
Interior acting through the Bureau of Reclamation to establish a series 
of research and demonstration programs to help eradicate non-native 
species on rivers in the Western United States. This bill will help 
develop the scientific knowledge and experience base needed to build a 
strategy to control these invasive thieves. In addition to projects 
that could benefit the Pecos and the Rio Grande, the bill allows other 
States in the west such as Texas, Colorado, Utah, California and 
Arizona to develop and participate in projects as well.
  Allow me to explain the importance of this bill. A water crisis has 
ravaged the west for more than five years. Drought conditions have 
expanded throughout the Western United States. Snow packs have been 
continuously low, causing severe drought conditions.
  The presence of invasive species compounds the drought situation in 
many states. For instance, New Mexico is home to a vast amount of salt 
cedar. Salt cedar is a water-thirsty non-native tree that continually 
strips massive amounts of water out of New Mexico's two predominant 
water supplies--the Pecos and the Rio Grande rivers.
  We have already had numerous catastrophic fires in our Nation's 
forests including the riparian woodland--the Bosque--that runs through 
the heart of New Mexico's most populous city. One of the reasons this 
fire ran its course through Albuquerque was the presence of large 
amounts of Salt cedar, a plant that burns as easily as it consumes 
water.
  Estimates show that one mature Salt cedar tree can consume as much as 
200 gallons of water per day; over the growing season that's 7 acre 
feet of water for each acre of Salt cedar. In addition to the excessive 
water consumption, Salt cedars increase fire, increase river 
channelization and flood frequency, decrease water flow, and increase 
water and soil salinity along the river. Every problem that drought 
causes is exacerbated by the presence of Salt cedar.

  I know that the seriousness of the water situation in New Mexico 
becomes more acute every single day. This drought has affected every 
New Mexican and nearly everyone in the west in some way. Wells are 
running dry, farmers are being forced to sell livestock, many of our 
cities are in various stages of conservation and many, many acres have 
been charred by fire.
  The drought and the mounting legal requirements on both the Pecos and 
Rio Grande rivers are forcing us toward a severe water crisis in New 
Mexico. Indeed, every river in the inter-mountain west seems to be 
facing similar problems. Therefore, we must bring to bear every tool at 
our disposal for dealing with the water shortages in the west.
  Solving such water problems is one of my top priorities and I assure 
this Congress that this bill will receive prompt attention by the 
Energy and Natural Resources Committee. Controlling water thirsty 
invasive species is one significant and substantial step in the right 
direction for the dry lands of the west.
  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. 177

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Salt Cedar and Russian Olive 
     Control Demonstration Act''.

     SEC. 2. SALT CEDAR AND RUSSIAN OLIVE CONTROL DEMONSTRATION 
                   PROGRAM.

       (a) Establishment.--The Secretary of the Interior (referred 
     to in this Act as the ``Secretary''), acting through the 
     Commissioner of Reclamation and in cooperation with the 
     Secretary of Agriculture and the Secretary of Defense, shall 
     carry out a salt cedar (Tamarix spp) and Russian olive 
     (Elaeagnus angustifolia) assessment and demonstration 
     program--
       (1) to assess the extent of the infestation by salt cedar 
     and Russian olive trees in the western United States;
       (2) to demonstrate strategic solutions for--
       (A) the long-term management of salt cedar and Russian 
     olive trees; and
       (B) the reestablishment of native vegetation; and
       (3) to assess economic means to dispose of biomass created 
     as a result of removal of salt cedar and Russian olive trees.
       (b) Assessment.--
       (1) In general.--Not later than 1 year after the date on 
     which funds are made available to carry out this Act, the 
     Secretary shall complete an assessment of the extent of salt 
     cedar and Russian olive infestation on public and private 
     land in the western United States.

[[Page S589]]

       (2) Requirements.--In addition to describing the acreage of 
     and severity of infestation by salt cedar and Russian olive 
     trees in the western United States, the assessment shall--
       (A) consider existing research on methods to control salt 
     cedar and Russian olive trees;
       (B) consider the feasibility of reducing water consumption 
     by salt cedar and Russian olive trees;
       (C) consider methods of and challenges associated with the 
     revegetation or restoration of infested land; and
       (D) estimate the costs of destruction of salt cedar and 
     Russian olive trees, related biomass removal, and 
     revegetation or restoration and maintenance of the infested 
     land.
       (c) Long-Term Management Strategies.--
       (1) In general.--The Secretary shall identify and document 
     long-term management and funding strategies that--
       (A) could be implemented by Federal, State, and private 
     land managers in addressing infestation by salt cedar and 
     Russian olive trees; and
       (B) should be tested as components of demonstration 
     projects under subsection (d).
       (2) Grants.--The Secretary shall provide grants to 
     institutions of higher education to develop public policy 
     expertise in, and assist in developing a long-term strategy 
     to address, infestation by salt cedar and Russian olive 
     trees.
       (d) Demonstration Projects.--
       (1) In general.--Not later than 180 days after the date on 
     which funds are made available to carry out this Act, the 
     Secretary shall establish a program that selects and funds 
     not less than 5 projects proposed by and implemented in 
     collaboration with Federal agencies, units of State and local 
     government, national laboratories, Indian tribes, 
     institutions of higher education, individuals, organizations, 
     or soil and water conservation districts to demonstrate and 
     evaluate the most effective methods of controlling salt cedar 
     and Russian olive trees.
       (2) Project requirements.--The demonstration projects under 
     paragraph (1) shall--
       (A) be carried out over a time period and to a scale 
     designed to fully assess long-term management strategies;
       (B) implement salt cedar or Russian olive tree control 
     using 1 or more methods for each project in order to assess 
     the full range of control methods, including--
       (i) airborne application of herbicides;
       (ii) mechanical removal; and
       (iii) biocontrol methods, such as the use of goats or 
     insects;
       (C) individually or in conjunction with other demonstration 
     projects, assess the effects of and obstacles to combining 
     multiple control methods and determine optimal combinations 
     of control methods;
       (D) assess soil conditions resulting from salt cedar and 
     Russian olive tree infestation and means to revitalize soils;
       (E) define and implement appropriate final vegetative 
     states and optimal revegetation methods, with preference for 
     self-maintaining vegetative states and native vegetation, and 
     taking into consideration downstream impacts, wildfire 
     potential, and water savings;
       (F) identify methods for preventing the regrowth and 
     reintroduction of salt cedar and Russian olive trees;
       (G) monitor and document any water savings from the control 
     of salt cedar and Russian olive trees, including impacts to 
     both groundwater and surface water;
       (H) assess wildfire activity and management strategies;
       (I) assess changes in wildlife habitat;
       (J) determine conditions under which removal of biomass is 
     appropriate (including optimal methods for the disposal or 
     use of biomass); and
       (K) assess economic and other impacts associated with 
     control methods and the restoration and maintenance of land.
       (e) Disposition of Biomass.--
       (1) In general.--Not later than 1 year after the date on 
     which funds are made available to carry out this Act, the 
     Secretary, in cooperation with the Secretary of Agriculture, 
     shall complete an analysis of economic means to use or 
     dispose of biomass created as a result of removal of salt 
     cedar and Russian olive trees.
       (2) Requirements.--The analysis shall--
       (A) determine conditions under which removal of biomass is 
     economically viable;
       (B) consider and build upon existing research by the 
     Department of Agriculture and other agencies on beneficial 
     uses of salt cedar and Russian olive tree fiber; and
       (C) consider economic development opportunities, including 
     manufacture of wood products using biomass resulting from 
     demonstration projects under subsection (d) as a means of 
     defraying costs of control.
       (f) Costs.--
       (1) In general.--With respect to projects and activities 
     carried out under this Act--
       (A) the assessment under subsection (b) shall be carried 
     out at a cost of not more than $4,000,000;
       (B) the identification and documentation of long-term 
     management strategies under subsection (c) shall be carried 
     out at a cost of not more than $2,000,000;
       (C) each demonstration project under subsection (d) shall 
     be carried out at a Federal cost of not more than $7,000,000 
     (including costs of planning, design, implementation, 
     maintenance, and monitoring); and
       (D) the analysis under subsection (e) shall be carried out 
     at a cost of not more than $3,000,000.
       (2) Cost-sharing.--
       (A) In general.--The assessment under subsection (b), the 
     identification and documentation of long-term management 
     strategies under subsection (c), a demonstration project or 
     portion of a demonstration project under subsection (d) that 
     is carried out on Federal land, and the analysis under 
     subsection (e) shall be carried out at full Federal expense.
       (B) Demonstration projects carried out on non-federal 
     land.--
       (i) In general.--The Federal share of the costs of any 
     demonstration project funded under subsection (d) that is not 
     carried out on Federal land shall not exceed--

       (I) 75 percent for each of the first 5 years of the 
     demonstration project; and
       (II) for the purpose of long-term monitoring, 100 percent 
     for each of such 5-year extensions as the Secretary may 
     grant.

       (ii) Form of non-federal share.--The non-Federal share of 
     the costs of a demonstration project that is not carried out 
     on Federal land may be provided in the form of in-kind 
     contributions, including services provided by a State agency 
     or any other public or private partner.
       (g) Cooperation.--In carrying out the assessment under 
     subsection (b), the demonstration projects under subsection 
     (d), and the analysis under subsection (e), the Secretary 
     shall cooperate with and use the expertise of Federal 
     agencies and the other entities specified in subsection 
     (d)(1) that are actively conducting research on or 
     implementing salt cedar and Russian olive tree control 
     activities.
       (h) Independent Review.--The Secretary shall subject to 
     independent review--
       (1) the assessment under subsection (b);
       (2) the identification and documentation of long-term 
     management strategies under subsection (c);
       (3) the demonstration projects under subsection (d); and
       (4) the analysis under subsection (e).
       (i) Reporting.--
       (1) In general.--The Secretary shall submit to Congress an 
     annual report that describes the results of carrying out this 
     Act, including a synopsis of any independent review under 
     subsection (h) and details of the manner and purposes for 
     which funds are expended.
       (2) Public access.--The Secretary shall facilitate public 
     access to all information that results from carrying out this 
     Act.
       (j) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this Act--
       (1) $20,000,000 for fiscal year 2006; and
       (2) $15,000,000 for each subsequent fiscal year.
                                 ______