[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 997 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 997
To authorize the Secretary of the Army to carry out critical
restoration projects along the Middle Rio Grande.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 6, 2003
Mr. Domenici introduced the following bill; which was read twice and
referred to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To authorize the Secretary of the Army to carry out critical
restoration projects along the Middle Rio Grande.
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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