[Congressional Record Volume 151, Number 105 (Thursday, July 28, 2005)]
[Senate]
[Pages S9299-S9302]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DOMENICI (for himself and Mr. Bingaman):
  S. 1540. A bill to authorize the Secretary of the Army and the 
Secretary of the Interior to establish a program to improve water 
management and contribute to the recovery of endangered species in the 
Middle Rio Grande, New Mexico, and for other purposes; to the Committee 
on Environment and Public Works.
  Mr. DOMENICI. Mr. President, in the American West, we are frequently 
faced with the challenge of how best to allocate our scarce water 
resources among numerous competing interests. There is no better 
example of this challenge than the one that has developed in the past 
six years in the Middle Rio Grande Valley in my home State of New 
Mexico. However, how this challenge was addressed is illustrative of 
what can be accomplished when people are willing to put adversity and 
divergent interests aside and work together to solve common problems.
  In 1994, the Fish and Wildlife Service listed as endangered the Rio 
Grande Silvery Minnow, a fish native to the waters of the Rio Grande in 
New Mexico. The listing was followed by a five-year drought which began 
in 1999. The drought resulted in an insufficient amount of water to 
meet the needs of the Silvery Minnow and led several environmental 
groups to file the lawsuit Minnow v. Keys in Federal district court. 
After the district court issued a decision, the case was appealed to 
the United States Court of Appeals for the Tenth Circuit which held 
that the Endangered Species Act required that water should be taken 
away from municipalities, farmers and industry in order to meet the 
needs of the Silvery Minnow. In a water-scarce State like New Mexico, 
the ruling rang out like a gun shot and created acrimony amongst those 
who are entirely dependant on water from the Rio Grande.
  In response, I established the Middle Rio Grande Collaborative 
Program in 2000. The program is based on the premise that it is better 
to work in the spirit of cooperation to develop solutions to shared 
problems regarding resource management including how best to meet the 
needs of our endangered species. When left up to the courts, there are 
always losers. Since 2000, the collaborative program has been a 
remarkable success, bringing together various stakeholders including 
Federal and State agencies, cities, Pueblos, environmental groups, 
farmers and business interests in an effort to protect our biological 
heritage and ecological diversity while meeting the needs of those who 
are dependant on the waters of the Rio Grande. Often, the process has 
been difficult. However, I'm sure all would agree that it is far 
preferable to the alternative of continued litigation. The success of 
the program is especially marked when one considers that the program 
has lacked specific goals, an organizational structure, a decision 
making hierarchy, and formal authorization.
  I rise today to introduce the Middle Rio Grande Endangered Species 
Collaborative Program Act, a bill to provide the program with the 
authority it needs to continue its important mission. This bill would 
streamline the decision making process of the program, delegate 
responsibilities among federal agencies, and provide adequate authority 
for Federal participation. I have no doubt that this program will 
continue to serve as a model of how to deal with the West's resource 
management challenges.
  I would like to thank my dear friend and colleague Senator Bingaman, 
who I have had the pleasure of serving with in the United States Senate 
for the past 22 years for being an original co-sponsor of this 
legislation.

[[Page S9300]]

  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. 1540

       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 ``Middle Rio Grande Endangered 
     Species Collaborative Program Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Collaborative program.--The term ``Collaborative 
     Program'' means the Middle Rio Grande Endangered Species 
     Collaborative Program established under section 3(a).
       (2) Executive committee.--The term ``Executive Committee'' 
     means the Executive Committee established under section 4(c).
       (3) Interests in land and water.--The term ``interests in 
     land and water'' includes purchases, leases, easements, and 
     agreements to provide water storage, land, or water that are 
     obtained from willing sellers, lessors, or contributors in 
     compliance with applicable Federal, State, or tribal laws.
       (4) Middle rio grande.--
       (A) In general.--The term ``Middle Rio Grande'' means the 
     headwaters of the Rio Chama and the Rio Grande, including all 
     tributaries, from the State line between Colorado and New 
     Mexico downstream to the elevation corresponding with the 
     spillway crest of Elephant Butte Dam at 4,457.3 feet mean sea 
     level.
       (B) Exclusion.--The term ``Middle Rio Grande'' excludes the 
     land area reserved for the full pool of the Elephant Butte 
     Reservoir.
       (5) Middle rio grande conservancy district.--The term 
     ``Middle Rio Grande Conservancy District'' means the 
     political subdivision of the State of that name, created in 
     1925.
       (6) Project.--
       (A) In general.--The term ``project'' means a scientific or 
     management study, a planning, design, permitting, 
     construction, operations, maintenance, or replacement 
     activity, or the acquisition of interests in land or water.
       (B) Inclusions.--The term ``project'' includes--
       (i) a project begun but not completed by the Endangered 
     Species Collaborative Program before the date of enactment of 
     this Act; and
       (ii) a project recommended by the Executive Committee after 
     the date of enactment of this Act that carries out the 
     purposes described in section 3(b).
       (7) Rio grande compact.--The term ``Rio Grande Compact'' 
     means the Rio Grande Compact--
       (A) for which Congress provided consent under the Act of 
     May 31, 1939 (53 Stat. 785, chapter 155); and
       (B) that was ratified by the States of Colorado, New 
     Mexico, and Texas.
       (8) Secretary.--The term ``Secretary'' means the Secretary 
     of the Army, acting through the Chief of Engineers.
       (9) Signatory member.--The term ``signatory member'' means 
     any Federal, State, or municipal agency, tribe, or public or 
     private organization that has signed the memorandum of 
     agreement described in section 4(c)(1)(C).
       (10) Silvery minnow.--The term ``silvery minnow'' means the 
     species Hybognathus amarus, commonly known as the Rio Grande 
     silvery minnow, a fish listed as an endangered species, as 
     described in the notice entitled ``Final Rule to List the Rio 
     Grande Silvery Minnow as an Endangered Species'' (59 Fed. 
     Reg. 36988 (July 20, 1994)).
       (11) State.--The term ``State'' means the State of New 
     Mexico.
       (12) Tribe.--The term ``tribe'' means an Indian pueblo or 
     tribe that--
       (A) occupies land in the Middle Rio Grande; and
       (B) is included on the list of federally recognized tribes 
     published by the Secretary of the Interior in accordance with 
     section 104 of the Federally Recognized Indian Tribe List Act 
     of 1994 (25 U.S.C. 479a-1).
       (13) Willow flycatcher.--The term ``willow flycatcher'' 
     means the species Empidonax traillii extimus, commonly known 
     as the southwestern willow flycatcher, a migratory bird 
     listed as an endangered species, as described in the notice 
     entitled ``Final Rule Determining Endangered Status for the 
     Southwestern Willow Flycatcher'' (60 Fed. Reg. 10694 
     (February 27, 1995)).

     SEC. 3. COLLABORATIVE PROGRAM.

       (a) Establishment.--The Secretary, in collaboration with 
     the Secretary of the Interior, shall establish the Middle Rio 
     Grande Endangered Species Collaborative Program in accordance 
     with section 4.
       (b) Purposes.--The purposes of the Collaborative Program 
     shall be--
       (1) to carry out a long-term plan, including projects to 
     protect, and promote recovery of, the silvery minnow and 
     willow flycatcher in the Middle Rio Grande;
       (2) to ensure compliance with the Endangered Species Act of 
     1973 (16 U.S.C. 1531 et seq.) while maintaining water use in 
     the Middle Rio Grande in compliance with applicable law;
       (3) to support improved water management;
       (4) to allow continued water development;
       (5) to benefit overall ecological integrity;
       (6) to promote cooperation and collaboration in 
     implementation of protection and recovery activities between 
     Federal and non-Federal entities;
       (7) to coordinate Federal actions that promote protection 
     and recovery of the silvery minnow and willow flycatcher; and
       (8) to establish a scientific basis for implementation of 
     activities through recovery plans to ensure protection and 
     recovery of the silvery minnow and willow flycatcher.

     SEC. 4. COLLABORATIVE PROGRAM STRUCTURE.

       (a) Repeal.--Section 209 of the Energy and Water 
     Development Appropriations Act, 2004 (Public Law 108-137; 117 
     Stat. 1850) is repealed.
       (b) Establishment.--The Collaborative Program shall consist 
     of an Executive Committee, a Program Implementation Team, and 
     working groups.
       (c) Executive Committee.--
       (1) In general.--The Secretary, in collaboration with the 
     Secretary of the Interior shall--
       (A) not later than 180 days after the date of enactment of 
     this Act, establish an Executive Committee consisting of 
     Federal and non-Federal entities described in paragraph (2) 
     to--
       (i) provide guidance to the Program Implementation Team to 
     develop and approve a long-term plan to carry out the 
     purposes of the Collaborative Program;
       (ii) coordinate Collaborative Program projects for the 
     recovery of the silvery minnow and the willow flycatcher with 
     other Federal and non-Federal activities in the Middle Rio 
     Grande to achieve the greatest effect and limit unnecessary 
     duplication of efforts to the maximum extent practicable;
       (iii) create, assign, and oversee tasks of the Program 
     Implementation Team and working groups as necessary to 
     implement a long-term plan and otherwise accomplish the 
     purposes of the Collaborative Program;
       (iv) develop multiyear budget priorities and present 
     funding requests to the Corps of Engineers, the Bureau of 
     Reclamation, the United States Fish and Wildlife Service, 
     other Federal agencies, and non-Federal entities; and
       (v) review work products undertaken by the Collaborative 
     Program, including development of plans, budgets, reports, 
     and requests for proposals;
       (B) consider decisions made by \3/4\ of a quorum as the 
     recommendation to be carried out under the Collaborative 
     Program;
       (C) develop, consistent with this Act, a memorandum of 
     agreement describing--
       (i) the goals of the Collaborative Program;
       (ii) the responsibilities of the participants to contribute 
     to the success of the Collaborative Program; and
       (iii) the administrative rules, bylaws, and agreements 
     governing Collaborative Program participation; and
       (D) in cooperation with the members of the Executive 
     Committee, develop bylaws governing the operations of the 
     Executive Committee.
       (2) Membership.--
       (A) In general.--Subject to subparagraph (B), the Executive 
     Committee shall be composed of--
       (i) 1 permanent voting member representing the Bureau of 
     Reclamation, appointed by the Secretary of the Interior;
       (ii) 1 permanent voting member representing the United 
     States Fish and Wildlife Service, appointed by the Secretary 
     of the Interior;
       (iii) 1 permanent voting member representing the Corps of 
     Engineers, appointed by the Secretary;
       (iv) upon invitation by the Secretary, other voting members 
     who have signed the memorandum of agreement described in 
     paragraph (1)(C), representing any of--

       (I) the State of New Mexico Interstate Stream Commission;
       (II) the State of New Mexico Department of Game and Fish;
       (III) the New Mexico Attorney General;
       (IV) the Pueblo of Santo Domingo;
       (V) the Pueblo of Sandia;
       (VI) the Pueblo of Isleta;
       (VII) the Pueblo of Santa Ana;
       (VIII) the Middle Rio Grande Conservancy District;
       (IX) the Albuquerque-Bernalillo County Water Authority;
       (X) an organization that represents a significant portion 
     of the environmental community; and
       (XI) an organization that represents a significant portion 
     of the farming community; and

       (v) the non-Federal cochairperson elected under paragraph 
     (4); and
       (vi) upon unanimous recommendation of the existing members, 
     members representing any additional organizations that sign 
     the memorandum of agreement described in paragraph (1)(C).
       (B) Membership cap.--The total membership of the Executive 
     Committee shall not exceed 20 members.
       (C) Quorum.--
       (i) In general.--Except as provided in clause (ii), \2/3\ 
     of the members of the Executive Committee shall constitute a 
     quorum.
       (ii) Exception.--For purposes of subparagraphs (A) and (C) 
     of paragraph (4), \2/3\ of the non-Federal members of the 
     Executive Committee shall constitute a quorum.
       (3) Federal cochairperson.--
       (A) In general.--The Secretary of the Interior shall select 
     a Federal Cochairperson

[[Page S9301]]

     from the Department of the Interior who shall--
       (i) be a nonvoting member of the Executive Committee;
       (ii) convene the Executive Committee;
       (iii) develop committee agendas;
       (iv) call meetings;
       (v) schedule votes and other decisionmaking processes; and
       (vi) hold the Program Implementation Team accountable for 
     assignments received from the Executive Committee.
       (B) Removal.--The Federal Cochairperson may be replaced by 
     the Secretary on a vote of no-confidence by \3/4\ of a 
     quorum.
       (4) Non-federal cochairperson.--
       (A) In general.--A non-Federal Chairperson of the Executive 
     Committee shall be elected on approval by \3/4\ of a quorum.
       (B) Duties.--The non-Federal Chairperson shall--
       (i) be a voting member of the Executive Committee;
       (ii) establish the Executive Committee agenda jointly with 
     the Federal Cochairperson; and
       (iii) lead meetings in the absence of the Federal 
     Cochairperson.
       (C) Removal.--
       (i) In general.--The non-Federal Cochairperson may be 
     removed by the Secretary on a vote of no-confidence by \3/4\ 
     of a quorum.
       (ii) Vacancy.--If the non-Federal Chairperson is removed 
     under clause (i), the vacancy shall be filled in accordance 
     with subparagraph (A).
       (d) Program Implementation Team.--
       (1) In general.--The Secretary shall establish a Program 
     Implementation Team--
       (A) administered by a program manager from the Corps of 
     Engineers; and
       (B) supported by 1 representative of each entity with 
     membership on the Executive Committee that elects to provide 
     a representative.
       (2) Additional staff.--To support the goals of the 
     Collaborative Program, the Secretary of the Interior shall 
     provide staff for the Program Implementation Team from--
       (A) the Bureau of Reclamation;
       (B) the Bureau of Indian Affairs;
       (C) the United States Fish and Wildlife Service; or
       (D) any other appropriate agency of the Department of the 
     Interior.
       (3) Duties.--Under the direction of the Executive 
     Committee, the Program Implementation Team shall--
       (A) provide administrative support for all Collaborative 
     Program operations;
       (B) not later than 1 year after the date of enactment of 
     this Act, prepare a long-term plan to carry out the purposes 
     of the Collaborative Program;
       (C) consistent with the long-term plan, prepare annual 
     revisions, annual work plans, budget requests, and activity 
     and fiscal reports;
       (D) provide information to the public concerning activities 
     of the Collaborative Program and undertake community 
     outreach;
       (E) collaborate with other efforts relating to the 
     protection and recovery of the silvery minnow and willow 
     flycatcher carried out under other Federal programs and non-
     Federal programs, including--
       (i) silvery minnow and willow flycatcher recovery teams 
     under the direction of the United States Fish and Wildlife 
     Service;
       (ii) Bosque and ecosystem recovery programs under the 
     United States Fish and Wildlife Service and Corps of 
     Engineers; and
       (iii) other related programs;
       (F) administer project proposal processes;
       (G) administer contracts and grants, except for those 
     contracts and grants assigned to the Bureau of Reclamation;
       (H) ensure that all activities undertaken by the 
     Collaborative Program comply with applicable laws; and
       (I) undertake such other duties as are assigned by the 
     Executive Committee and necessary to carry out the 
     Collaborative Program.
       (e) Working Groups.--
       (1) In general.--The Executive Committee may create working 
     groups to--
       (A) provide advice to the Executive Committee and the 
     Program Implementation Team; and
       (B) implement tasks consistent with the purposes described 
     in section 3(b).
       (2) Membership.--Working groups established under paragraph 
     (1) may consist of--
       (A) members of the Program Implementation Team; and
       (B) individuals appointed by, and under the direction of, 
     the Program Implementation Team, including--
       (i) representatives appointed by the Executive Committee;
       (ii) signatory members; or
       (iii) individuals contracted by the Program Implementation 
     Team.

     SEC. 5. COLLABORATIVE PROGRAM ACTIVITIES.

       (a) In General.--The Secretary and the Secretary of the 
     Interior may--
       (1) enter into any grants, contracts, cooperative 
     agreements, interagency agreements, or other agreements that 
     the Secretary and the Secretary of the Interior determine to 
     be necessary to carry out the Collaborative Program, 
     including interagency agreements to transfer funds between 
     agencies within the jurisdiction of the Secretary and the 
     Secretary of the Interior; and
       (2) accept or provide grants to carry out the Collaborative 
     Program.
       (b) Responsibilities.--In carrying out the purposes of the 
     Collaborative Program--
       (1) the Commissioner of Reclamation may--
       (A) carry out flow requirements to comply with the 
     Biological Opinion described in section 205(b) of the Energy 
     and Water Development Appropriations Act, 2005 (Public Law 
     108-447; 118 Stat. 2949) or any modifications to the 
     Biological Opinion and other projects relating to water 
     management, including--
       (i) acquiring interests in land and water to meet minimum 
     flow requirements;
       (ii) monitoring and gaging flows;
       (iii) pumping from the Low Flow Conveyance Channel and 
     other drains and channels to support silvery minnow and 
     willow flycatcher habitat; and
       (iv) improving monitoring and gaging;
       (B) consult with the signatory members regarding 
     opportunities and methods to accomplish the responsibilities;
       (C) coordinate implementation of all other activities 
     carried out within the Middle Rio Grande under the 
     jurisdiction of the Bureau of Reclamation with the activities 
     of the Collaborative Program to achieve the purposes of the 
     Collaborative Program; and
       (D) construct fish passages at San Acacia Diversion Dam and 
     at Isleta Diversion Dam;
       (2) the Secretary of the Army--
       (A) may carry out and fund additional projects not 
     designated to the Commissioner of Reclamation under paragraph 
     (1), including--
       (i) actions to induce overbank flooding and creation of 
     backwaters;
       (ii) salvaging eggs;
       (iii) improving monitoring and gaging;
       (iv) performing habitat and ecosystem restoration;
       (v) regeneration of native vegetation and monitoring of 
     associated water depletions;
       (vi) reconstructing a new San Marcial Railroad bridge and 
     realignment of the river channel;
       (vii) developing ways to--

       (I) increase sediment transport through Jemez Canyon Dam, 
     Galisteo Dam, and Cochiti Lake; and
       (II) address issues of contaminated sediment;

       (viii) preventing salt cedar encroachment in Angostura, 
     Isleta and San Acacia reaches;
       (ix) implementing captive propagation of silvery minnow, 
     including expansion of facilities;
       (x) creating at least 2 new naturalized refugia, 1 of which 
     shall be carried out in partnership with the Bureau of 
     Reclamation, United States Fish and Wildlife Service, and 
     Middle Rio Grande Conservancy District without direct 
     oversight by the Collaborative Program, under the Silvery 
     Minnow Off-Channel Sanctuaries Program as authorized under 
     section 6014 of the Emergency Supplemental Appropriations Act 
     for Defense, the Global War on Terror, and Tsunami Relief, 
     2005 (Public Law 109-13; 119 Stat. 283);
       (xi) monitoring silvery minnow protection and recovery 
     efforts by conducting surveys of populations and habitat 
     above Cochiti Lake;
       (xii) developing comprehensive water quality assessments 
     and managing changes in water quality;
       (xiii) conducting studies and research necessary to define 
     the needs of listed species; and
       (xiv) monitoring the effects of activities on listed 
     species;
       (B) shall implement the decisions of the Executive 
     Committee in performing the activities described in 
     subparagraph (A); and
       (C) shall coordinate implementation of all other activities 
     carried out within the Middle Rio Grande by the Corps of 
     Engineers with the activities of the Collaborative Program in 
     order to achieve the purposes of the Collaborative Program.
       (c) Limitations.--
       (1) Acquisition of land or water.--In carrying out this 
     Act, the Secretary or the Secretary of the Interior may only 
     acquire interests in land and water.
       (2) Water rights.--Nothing in this Act preempts or affects 
     State water law or an interstate compact governing water.
       (3) Compliance.--All actions carried out in accordance with 
     this Act shall be in compliance with applicable State, 
     Federal, or tribal law.
       (4) Rio grande compact.--No action carried out under this 
     Act shall impair the ability of the State to meet the 
     obligations of the State under the Rio Grande compact.
       (5) State law.--The Secretary and the Secretary of the 
     Interior shall carry out activities under the Collaborative 
     Program consistent with State law.
       (6) Consultation.--
       (A) In general.--Consultations between governments under 
     this Act shall be carried out between the Secretary or the 
     Secretary of the Interior and tribes prior to initiating 
     actions that would impact tribal land or water rights.
       (B) Consent requirement.--No action involving access to, or 
     use of, pueblo or tribal land may be carried out without 
     prior written consent of the affected pueblo or Indian tribe.
       (7) Collaboration.--In carrying out this Act, the Secretary 
     and the Secretary of Interior may collaborate with or enter 
     into contracts, cooperative agreements, interagency 
     agreements, or other agreements with, or accept or provide 
     grants to, tribes that--
       (A) are signatory members; but
       (B) are not represented on the Executive Committee.

[[Page S9302]]

       (8) No effect on certain authority.--Nothing in this Act 
     diminishes the authority, sovereignty, or rights of any 
     person, organization, tribe, or other governmental entity.
       (9) No effect on certain duties.--
       (A) In general.--Nothing in this Act diminishes or 
     impairs--
       (i) the trust relationship or responsibility of the Federal 
     Government to any tribe;
       (ii) the obligation of the Federal Government to consult 
     with the tribes on a government-to-government basis; or
       (iii) the ability of the Federal Government to fund 
     activities for the benefit of the tribes.
       (B) Funding.--Nothing in this Act restricts the Secretary 
     or the Secretary of the Interior from funding activities in 
     accordance with the Indian trust responsibility of the 
     Federal Government.
       (10) No effect on reservoir operations.--While this Act 
     provides additional authorization for the Secretary and the 
     Secretary of the Interior, nothing expands the discretion of 
     the Secretary or the Secretary of the Interior with respect 
     to operating reservoir facilities under the jurisdiction of 
     the Secretary or the Secretary of the Interior in the Middle 
     Rio Grande.

     SEC. 6. REPORTING.

       Not later than 1 year after the date of enactment of this 
     Act, and every 2 years thereafter, the Secretary and the 
     Secretary of the Interior shall submit to the Committee on 
     Environment and Public Works and the Committee on Energy and 
     Natural Resources of the Senate and the Committee on 
     Resources of the House of Representatives a report that--
       (1) describes expenditure of appropriated funds and cost-
     share contributions;
       (2) describes activities carried out under this Act; and
       (3) describes compliance with the purposes of this Act.

     SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

       (a) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     the Secretary and the Secretary of the Interior such sums as 
     are necessary to carry out this Act for each of fiscal years 
     2006 through 2015.
       (2) Nonreiumbursable.--Amounts made available pursuant to 
     paragraph (1) shall be considered nonreimbursable Federal 
     expenditures.
       (b) Cost Allocation.--
       (1) Activities at full federal expense.--
       (A) Water acquisition.--Water acquisition and the cost of 
     administration for water acquisition and water management by 
     the Bureau of Reclamation described in section 5(b)(1) shall 
     be carried out at full Federal expense.
       (B) Administration.--Administration of the Collaborative 
     Program, as described in section 4(d), including the 
     participation of Federal agencies in the Program 
     Implementation Team, shall be carried out at full Federal 
     expense.
       (2) Cost-share.--
       (A) In general.--Subject to subparagraph (B), all projects 
     or activities of the Collaborative Program not described in 
     paragraph (1) that are carried out by the Secretary or the 
     Secretary of the Interior shall require a non-Federal cost-
     share of 25 percent.
       (B) Limitation.--
       (i) In general.--The total non-Federal share required under 
     subparagraph (A) for all projects during the period of fiscal 
     years 2006 through 2015 shall be not more than $30,000,000.
       (ii) Federal expense.--On satisfaction of the total non-
     Federal share described in clause (i)--

       (I) no further non-Federal share shall be required; and
       (II) all projects and activities shall be carried out at 
     full Federal expense.

       (C) Contributions.--The cost-share under subparagraph (A) 
     may be provided as--
       (i) in-kind contributions, including participation on the 
     Program Implementation Team or in working groups, the value 
     of which shall be determined by Secretary; or
       (ii) direct cash contributions.
       (D) Programmatic basis.--The amount of the Federal and non-
     Federal cost-shares shall be determined on--
       (i) a programmatic, rather than project-by-project, basis; 
     and
       (ii) a 3-year interval with excess non-Federal cost-share 
     being credited to subsequent accounting periods.
       (c) Administrative Costs.--Not more than 15 percent of 
     amounts made available under subsection (a) shall be used to 
     pay the administrative costs of carrying out the Program 
     Implementation Team established under section 4(d).
                                 ______