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[Senate Report 110-302]
[From the U.S. Government Publishing Office]

                                                       Calendar No. 654
110th Congress                                                   Report
                                 SENATE
 2d Session                                                     110-302

======================================================================

 
      RIO PUERCO WATERSHED MANAGEMENT PROGRAM REAUTHORIZATION ACT

                                _______
                                

                 April 10, 2008.--Ordered to be printed

                                _______
                                

   Mr. Bingaman, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 1940]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 1940) to reauthorize the Rio Puerco 
Watershed Management Program, and for other purposes, having 
considered the same, reports favorably thereon with an 
amendment and recommends that the bill, as amended, do pass.
    The amendment is as follows:
    Beginning on page 1, strike line 8 and all that follows 
through page 2, line 9, and insert the following:
    ``(a) Rio Puerco Management Committee.--Section 401(b) of 
the Omnibus Parks and Public Lands Management Act of 1996 
(Public Law 104-333; 110 Stat. 4147) is amended--
          ``(1) in paragraph (2)--
                  ``(A) by redesignating subparagraphs (I) 
                through (N) as subparagraphs (J) through (O), 
                respectively; and
                  ``(B) by inserting after subparagraph (H) the 
                following:
                          `(I) the Environmental Protection 
                        Agency;'; and
                  ``(2) in paragraph (4), by striking 
                ``enactment of this act'' and inserting 
                ``enactment of the Rio Puerco Watershed 
                Management Program Reauthorization Act.''.

                                Purpose

    The purpose of S. 1940 is to reauthorize the Rio Puerco 
Watershed Management Program in New Mexico for an additional 
ten year period, and to add the Environmental Protection Agency 
as a member of the Rio Puerco Management Committee.

                          Background and Need

    The Rio Puerco is the largest tributary to the Middle Rio 
Grande Basin. Its headwaters originate in Sandoval County, New 
Mexico, and the watershed encompasses approximately 4.7 million 
acres that flow into the Rio Grande. The Rio Puerco Basin 
includes nine sub-watersheds, draining portions of seven 
counties, west of the greater Rio Grande Basin in the northwest 
and west-central portions of the State. The geology of the area 
includes soft sedimentary strata, intruded and capped by 
younger volcanic rocks.
    The Rio Puerco watershed is the primary source of 
undesirable fine sediment that is annually delivered to the Rio 
Grande system. According to the U.S. Geological Survey, the Rio 
Puerco transports one of the world's highest average annual 
sediment concentrations. The Corps of Engineers has noted that 
soil erosion within the watershed surpasses that of any other 
watershed in the country. The Rio Puerco is listed as a 
Category 1 watershed (in need of restoration) in New Mexico's 
Unified Watershed Assessment. Several reaches of the Rio Puerco 
and its tributaries are listed as impaired by the New Mexico 
Environment Department.
    To help address this problem, Congress enacted legislation 
in 1996. Section 401 of Public Law 104-333 directed the Bureau 
of Land Management, working with a committee of Federal and 
State agencies, to establish a clearinghouse for research and 
information on management within the area, to establish an 
inventory of best management practices and related monitoring 
activities, and through the committee (referred to in the 
legislation as the Rio Puerco Basin Management Committee), to 
identify objectives, monitor results of ongoing projects, and 
develop alternative watershed management plans for the Rio 
Puerco Drainage Basin, based on best management practices.
    The program was authorized to receive up to $7.5 million in 
appropriations over a ten year period. That initial 
authorization expired in November, 2006. S. 1940 extends that 
authorization for an additional ten year period, at the same 
funding level.

                          Legislative History

    S. 1940 was introduced by Senators Bingaman and Domenici on 
August 2, 2007. The Subcommittee on Public Lands and Forests 
held a hearing on the bill on September 20, 2007. (S. Hrg. 110-
216.)
    At its business meeting on January 30, 2008, the Committee 
on Energy and Natural Resources ordered S. 1940 favorably 
reported with an amendment.

                        Committee Recommendation

    The Committee on Energy and Natural Resources, in open 
business session on January 30, 2008, by a voice vote of a 
quorum present, recommends that the Senate pass S. 1940, if 
amended as described herein.

                          Committee Amendment

    During its consideration of S. 1940, the Committee adopted 
an amendment which clarified that the termination date of the 
Rio Puerco Management Committee was extended for an additional 
10 years from the date of enactment of this Act, consistent 
with the extension of the authorization of appropriations. The 
amendment also made other clarifying and conforming changes.

                      Section-by-Section Analysis

    Section 1 entitles the bill the ``Rio Puerco Watershed 
Management Program Reauthorization Act.''
    Section 2(a) amends section 401(b) of Public Law 104-333 
(110 Stat. 4147) to add the Environmental Protection Agency as 
a member of the Rio Puerco Management Committee, and make other 
conforming changes. The subsection also extends the termination 
date for the Management Committee for an additional 10 years 
after the date of enactment of this Act.
    Subsection (b) extends the authorization for Rio Puerco 
Management activities for an additional 10 years after the date 
of enactment of this Act.

                   Cost and Budgetary Considerations

    The following estimate of costs of this measure has been 
provided by the Congressional Budget Office:

S. 1940--Rio Puerco Watershed Management Program Reauthorization Act

    Summary: S. 1940 would reauthorize the Rio Puerco 
Management Committee (RPMC) for 10 years. The RPMC is a 
collaborative watershed organization. Through it, the Bureau of 
Land Management collaborates with state, local, and tribal 
governments to protect the long-term sustainability of the Rio 
Puerco watershed in New Mexico. The bill also would make the 
Environmental Protection Agency (EPA) a member of the RPMC.
    CBO estimates that implementing S. 1940 would cost $3 
million over the 2008-2013 period, assuming appropriation of 
the necessary amounts. Enacting the bill would not affect 
direct spending or revenues.
    S. 1940 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 1940 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                                     By fiscal year, in millions of dollars--
                                                                 -----------------------------------------------
                                                                   2008    2009    2010    2011    2012    2013
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Estimated Authorization Level...................................       *       *       *       1       1       1
Estimated Outlays...............................................       *       *       *       1       1      1
----------------------------------------------------------------------------------------------------------------
Note: * = less than $500,000.

    Basis of estimate: The Rio Puerco watershed is 
environmentally impaired and contributes large amounts of 
sediment to a portion of the Rio Grande River in New Mexico. 
The RPMC, comprising various federal, state, local, and tribal 
stakeholders, works to protect the sustainability of that 
watershed. The authority of the RPMC expired in November 2006, 
although collaborative work within the watershed area 
continues.
    Traditionally, the majority of the funding for the work of 
the RPMC has come from grants provided by EP A (that would not 
be affected by this legislation) and the New Mexico Environment 
Department. BLM estimates that it has spent about $1 million 
for RPMC activities over the 1997-2006 period. Based on 
information from BLM, CBO estimates that reauthorizing the RPMC 
would cost $3 million over the 2008-2013 period to help control 
erosion in the watershed and reduce sediment in the river, 
assuming appropriation of those amounts.
    Intergovernmental and private-sector impact: S. 1940 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments.
    Estimate prepared by: Federal Costs: Tyler Kruzich; Impact 
on State, Local, and Tribal Governments: Burke Doherty; Impact 
on the Private-Sector: Amy Petz.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                      Regulatory Impact Evaluation

     In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 1940. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses.
     No personal information would be collected in 
administering the program. Therefore, there would be no impact 
on personal privacy.
     Little, if any, additional paperwork would result from the 
enactment of S. 1940, as ordered reported.

                   Congressionally Directed Spending

     In accordance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides the 
following identification of congressionally directed spending 
items contained in the bill, as reported:
    Section: 2(b); Provision: Authorization of appropriations; 
Member: Sen. Bingaman.

                        Executive Communications

     The testimony provided by the Bureau of Land Management at 
the September 20, 2007 subcommittee hearing on S. 1940 follows:

    Statement of Michael Nedd, Assistant Director, Mineral, Realty & 
             Resource Protection, Bureau of Land Management

     Thank you for the opportunity to testify on S. 1940, the 
Rio Puerco Watershed Management Program Reauthorization Act. 
The legislation provides a 10-year reauthorization for the Rio 
Puerco Management Committee (RPMC), a collaborative watershed 
organization established by Section 401 of the Omnibus Parks 
and Public Lands Management Act of 1996 (P.L. 104-333). Through 
the collaborative processes of the RPMC, the BLM has partnered 
with Federal, state, and Tribal governments, private 
individuals, and environmental organizations, to improve 
management practices and protect the long-term sustainability 
of the watershed. The legislation also adds the Environmental 
Protection Agency (EPA) as a member of the RPMC, formalizing 
the cooperative role it has played in these efforts. The BLM 
strongly supports enactment of S. 1940.
     The Rio Puerco Watershed, located in west-central New 
Mexico, contributes less than 10 percent of the water, but 
nearly 70 percent of the silt, to the Rio Grande north of the 
Elephant Butte Reservoir. According to the Corps of Engineers, 
soil erosion within the basin surpasses that of any other 
watershed in the country. The New Mexico Environment Department 
has classified the Rio Puerco as a Category I impaired 
watershed, primarily because of the high levels of 
sedimentation.

                          rpmc accomplishments

    The RPMC has effectively built on initiatives begun by a 
locally led public-private stakeholders group based in Cuba, 
New Mexico. The RPMC is a collaborative watershed organization 
consisting of state, Federal, and Tribal entities, soil and 
water conservation districts, representatives of county 
government, residents from the rural communities within the 
watershed, environmental and conservation groups and the 
public. It is a consensus group charged with compiling data and 
developing best management practices to reduce erosion, 
increase native vegetation, and improve riparian habitat while 
supporting the watershed's rural, agrarian, and cultural 
traditions.
     The RPMC and its partners received grants and awards, in 
part based on the diversity of entities participating and on 
its track record in showcasing how the watershed approach can 
yield measurable success. The EPA Administrator identified the 
RPMC as one of the winners of the 2003 Watershed Initiative 
grants, with an award of $700,000. The Rio Puerco Alliance, a 
501(c)(3) non-profit organization formed in 2006, received a 
grant of $840,000 in August 2007 for the Targeted Watershed 
Restoration Initiative in Torreon Wash. Projects on which the 
RPMC have worked collaboratively have received 319 grants from 
the New Mexico Environment Department and the EPA's Watershed 
Initiative Program.
     Among its accomplishments, the RPMC has:
           launched a community involvement initiative 
        that started with listening sessions held in local 
        communities and developed into a series of training and 
        demonstration workshops on conservation practices;
           developed a Watershed Restoration Action 
        Strategy, to address specific water quality problems.
     In cooperation with the New Mexico State Highway and 
Transportation Department, the RPMC is redirecting the Rio 
Puerco from an unstable artificial 1.1 mile channel to its 
natural 2.2 miles of meandering channel. This project is funded 
through a New Mexico Environment Department Clean Water Act 
grant and through assistance from Sandoval County and the New 
Mexico Highway and Transportation Department. This project will 
reduce approximately 21 tons of sediment that have been lost 
annually since the river was diverted.
     Through another New Mexico Environment Department Clean 
Water Act grant, the RPMC worked with private landowners in two 
degraded tributaries to the Rio Puerco to create a showcase 
water quality improvement project through erosion control, 
livestock grazing management, and control of undesirable 
vegetation.
     The 1996 Act that created the RPMC authorized $7.5 million 
over 10 years. The authority expired on November 12, 2006. 
Prior to its expiration, the RPMC used this funding to leverage 
grants for resource protection and has accepted in-kind 
contributions for on-the-ground project work.

                          navajo youth projects

     In 2007, the BLM, the Navajo Water Resources Department 
and the State of New Mexico provided funding for on-the-ground 
Navajo Youth Projects in six Chapters of the Eastern Navajo 
Agency. Through this collaborative effort, six youth Projects 
have hired about 100 Navajo youth to construct erosion control 
structures on Tribal, BLM, and state lands within grazing 
allotments held by the Navajo Nation. The program also included 
environmental education training on the concepts of watershed 
management. Several leaders of the Navajo Nation have expressed 
their conviction that Navajo youth need this important tie back 
to the land.
     Thank you again for the opportunity to testify on S. 1940. 
The collaborative nature of the Rio Puerco Management Committee 
has resulted in successful implementation of activities to 
restore and protect the watershed, and the BLM looks forward to 
continuing this important work. I would be glad to answer your 
questions.

                        Changes in Existing Law

     In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill S. 1940 as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new matter is printed in italic, existing law in 
which no change is proposed is shown in roman):

                           Public Law 104-333

              (Approved November 12, 1996; 110 Stat. 4093)

AN ACT To provide for the administration of certain Presidio properties 
    at minimal cost to the Federal taxpayer, and for other purposes.

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

 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

     This Act may be cited as the ``Omnibus Parks and Public 
Lands Management Act of 1996''

           *       *       *       *       *       *       *

                       TITLE IV--RIVERS AND TRAILS

 SEC. 401. RIO PUERCO WATERSHED.

     (a) Management Program.--

           *       *       *       *       *       *       *

     (b) Rio Puerco Management Committee.--
          (1) Establishment.--There is established the Rio 
        Puerco Management Committee (referred to in this 
        section as the ``Committee'').
          (2) Membership.--The Committee shall be convened by a 
        representative of the Bureau of Land Management and 
        shall include representatives from--
                  (A) the Rio Puerco Watershed Committee;
                  (B) affected tribes and pueblos;
                  (C) the National Forest Service of the 
                Department of Agriculture;
                  (D) the Bureau of Reclamation;
                  (E) the United States Geological Survey;
                  (F) the Bureau of Indian Affairs;
                  (G) the United States Fish and Wildlife 
                Service;
                  (H) the Army Corps of Engineers;
                  (I) the Environmental Protection Agency;
                  [(I)] (J) the Natural Resources Conservation 
                Service of the Department of Agriculture;
                  [(J)] (K) the State of New Mexico, including 
                the New Mexico Environment Department of the 
                State Engineer;
                  [(K)] (L) affected local soil and water 
                conservation districts;
                  [(L)] (M) the Elephant Butte Irrigation 
                District;
                  [(M)] (N) private landowners; and
                  [(N)] (O) other interested citizens.
          (3) Duties.--The Rio Puerco Management Committee 
        shall--
                  (A) advise the Secretary of the Interior, 
                acting through the Director of the Bureau of 
                Land Management, on the development and 
                implementation of the Rio Puerco Management 
                Program described in subsection (a); and
                  (B) serve as a forum for information about 
                activities that may affect or further the 
                development and implementation of the best 
                management practices described in subsection 
                (a).
          (4) Termination.--The Committee shall terminate on 
        the date that is 10 years after the date of [enactment 
        of this Act] enactment of the Rio Puerco Watershed 
        Management Program Reauthorization Act.

           *       *       *       *       *       *       *

     (e) Authorization of Appropriations.--There is authorized 
to be appropriated to carry out this section a total of 
$7,500,000 for the 10 fiscal years beginning after the date of 
[enactment of this Act] enactment of the Rio Puerco Watershed 
Management Program Reauthorization Act.

                                  
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