[Congressional Record Volume 153, Number 35 (Thursday, March 1, 2007)]
[Senate]
[Pages S2494-S2495]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DOMENICI:
  S. 728. A bill to authorize the Secretary of the Army to carry out 
restoration projects along the Middle Rio Grande; to the Committee on 
Environment and Public Works.
  Mr. DOMENICI. Mr. President, I rise today to talk about a project of 
great importance to my State and our environment--one that has been 
discussed before on this floor when I helped unveil a vision that would 
rehabilitate and restore New Mexico's Bosque. I return here today to 
implement this vision that concerns this long neglected treasure of the 
Southwest.
  I would like to point out that this project passed through this body 
in the last Congress. The project that I am proposing today was 
contained in the 2005 Water Resources Development Act, which passed the 
Senate on July 19, 2006. I hope that this important project will again 
obtain the approval of the Senate.
  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 fires. As a result, public access is 
problematical and crucial habitat for scores of species is threatened.
  Yet the Middle Rio Grande Bosque 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 the Bosque as well.
  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 can increase the quality of life for a city while 
assuring the health and stability of an entire ecosystem. Where trash 
is now strewn, paths and trails will run. Where jetty jacks and 
discarded rubble lie, cottonwoods 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 on this occasion.
  Having grown up 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 their efforts with the legislation I am introducing 
today.
  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 of the project. The Middle Rio Grande Conservancy District 
(the ``MRGCD") owns the 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 that has worked 
with all parties to provide options on how the Bosque can be preserved, 
protected and enjoyed by everyone. Additionally, the Army Corps of 
Engineers is developing a preliminary restoration plan for the Bosque 
along the Albuquerque corridor.
  My bill authorizes $10 million dollars in Fiscal Year 2007 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 text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 728

       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 along the Middle Rio Grande in 
     New Mexico;
       (B) the largest continuous cottonwood forest in the 
     Southwest;
       (C) one 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:

[[Page S2495]]

       (1) Middle rio grande.--The term ``Middle Rio Grande'' 
     means the portion of the Rio Grande from Cochiti Dam to the 
     headwaters of Elephant Butte Reservoir, in the State of New 
     Mexico.
       (2) Restoration project.--The term ``restoration project'' 
     means a project carried out under this Act that will produce, 
     consistent with other Federal programs, projects, and 
     activities, immediate and substantial ecosystem restoration, 
     preservation, recreation, and protection benefits.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Army.

     SEC. 3. MIDDLE RIO GRANDE RESTORATION.

       (a) Restoration Projects.--The Secretary shall carry out 
     restoration projects along the Middle Rio Grande.
       (b) Project Selection.--
       (1) In general.--The Secretary may select 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 restoration projects.
       (c) Local Participation.--In carrying out this Act, the 
     Secretary shall consult with--
       (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 
     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 restoration 
     project through in-kind services or direct cash 
     contributions, including the cost of providing necessary 
     land, easements, rights-of-way, relocations, and disposal 
     sites;
       (B) to pay 100 percent of the operation, maintenance, 
     repair, replacement, and rehabilitation costs associated with 
     the restoration project that are incurred after the date of 
     enactment of this Act; and
       (C) to hold the United States harmless for any claim or 
     damage that may arise from the negligence of the Federal 
     Government or a contractor of the Federal Government.
       (2) Non-federal interests.--Notwithstanding section 221 of 
     the Flood Control Act of 1970 (42 U.S.C. 1962d-5b), a non-
     Federal interest carrying out a restoration project under 
     this Act may include a nonprofit entity.
       (3) Recreational features.--
       (A) In general.--Any recreational features included as part 
     of a 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 restoration project in excess 
     of the amount described in subparagraph (A) shall be paid by 
     the non-Federal interests.
       (4) 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 (including activities carried out before the 
     execution of the cooperation agreement for a restoration 
     project) 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 2007; and
       (2) such sums as are necessary for each of fiscal years 
     2008 through 2016.
                                 ______