69–010 

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.’’. 


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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 


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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 


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By fiscal year, in millions of dollars—

2008 2009 2010 2011 2012 2013 

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: 


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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. 


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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 proVerDate Aug 31 2005 06:10 Apr 12, 2008 Jkt 069010 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\SR302.XXX SR302

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posed 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; 

ø(I)¿ (J) the Natural Resources Conservation Service of 

the Department of Agriculture; 

ø(J)¿ (K) the State of New Mexico, including the New 

Mexico Environment Department of the State Engineer; 

ø(K)¿ (L) affected local soil and water conservation districts; 

ø(L)¿ (M) the Elephant Butte Irrigation District; 

ø(M)¿ (N) private landowners; and 

ø(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 


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(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 øenactment 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 øenactment of this 

Act¿ enactment of the Rio Puerco Watershed Management Program 

Reauthorization Act. 

Æ 


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