89–010 

Calendar No. 689 

115TH CONGRESS REPORT " ! SENATE 2d Session 115–405 

RIO PUERCO WATERSHED MANAGEMENT PROGRAM 

REAUTHORIZATION ACT 

DECEMBER 4, 2018.—Ordered to be printed 

Ms. MURKOWSKI, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 2249] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 2249) to permanently reauthorize the Rio 

Puerco Management Committee and the Rio Puerco Watershed 

Management Program, having considered the same, reports favorably thereon with an amendment in the nature of a substitute and 

an amendment to the title and recommends that the bill, as 

amended, do pass. 

The amendments are as follows: 

1. Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Rio Puerco Watershed 

Management Program Reauthorization Act’’. 

SEC. 2. REAUTHORIZATION OF THE RIO PUERCO MANAGEMENT COMMITTEE. 

Section 401(b)(4) of division I of the Omnibus Parks and 

Public Lands Management Act of 1996 (Public Law 104– 

333; 110 Stat. 4147; 123 Stat. 1108) is amended by striking ‘‘the Omnibus Public Land Management Act of 2009’’ 

and inserting ‘‘the Rio Puerco Watershed Management 

Program Reauthorization Act’’. 

2 

SEC. 3. REAUTHORIZATION OF THE RIO PUERCO WATERSHED 

MANAGEMENT PROGRAM. 

Section 401(e) of division I of the Omnibus Parks and 

Public Lands Management Act of 1996 (Public Law 104– 

333; 110 Stat. 4148; 123 Stat. 1108) is amended by striking ‘‘the Omnibus Public Land Management Act of 2009’’ 

and inserting ‘‘the Rio Puerco Watershed Management 

Program Reauthorization Act’’. 

2. Amend the title so as to read: 

‘‘A bill to reauthorize the Rio Puerco Management Committee and the Rio Puerco Watershed Management Program.’’. 

PURPOSE

The purpose of S. 2249 is to reauthorize the Rio Puerco Management Committee and the Rio Puerco Watershed Management Program. 

BACKGROUND AND NEED

The 4.7 million-acre Rio Puerco watershed drains portions of 

seven counties in west-central New Mexico, and is the largest tributary to the Middle Rio Grande. Past land uses and natural phenomena have resulted in accelerated erosion and stream channelization in the watershed, leading the Rio Puerco to have one of the 

highest annual sediment loads in the world. Transportation and 

deposition of this sediment into the Rio Grande system causes 

water quality deterioration, increased sedimentation of water supply reservoirs, lost agricultural productivity, and a variety of other 

impacts. 

In 1996, the Omnibus Parks and Public Lands Management Act 

(Public Law 104–333) directed the establishment of a Rio Puerco 

Watershed Management Program (Program) to collect and inventory best practices, establish goals and objectives for the watershed, 

and promote collaborative efforts involving Federal and State agencies, Tribes, non-profits, and local citizens. 

Public Law 104–333 also established the Rio Puerco Management Committee (Committee) to advise the Bureau of Land Management and develop and implement best management practices. 

Committee membership consists of representatives from Tribes and 

pueblos, a number of Federal agencies, the State of New Mexico, 

local soil and water conservation districts, the Elephant Butte Irrigation District, and private landowners. A variety of projects designed to reduce sediment and erosion, improve vegetation and 

habitat, and promote public awareness and participation have been 

developed and continue to be implemented by the Program and the 

Committee. 

Both the Program and the Committee were reauthorized for 10 

years by the Omnibus Public Land Management Act of 2009 (Public Law 111–11). Those authorizations will expire on March 30, 

2019. S. 2249 extends the authorizations for the continuation of the 

Program and the Committee for an additional 10 years. 

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LEGISLATIVE HISTORY

S. 2249 was introduced by Senators Udall and Heinrich on December 19, 2017. The Subcommittee on Public Lands, Forests, and 

Mining held a hearing on the bill on February 7, 2018. 

Representative Lujan introduced similar legislation, H.R. 4968, 

in the House of Representatives on February 7, 2018. 

The Senate Committee on Energy and Natural Resources met in 

an open business session on October 2, 2018, and ordered S. 2249 

favorably reported, as amended. 

COMMITTEE RECOMMENDATION

The Senate Committee on Energy and Natural Resources, in 

open business session on October 2, 2018, by a majority voice vote 

of a quorum present, recommends that the Senate pass S. 2249, if 

amended as described herein. Senator Risch asked to be recorded 

as voting no. 

COMMITTEE AMENDMENT

During its consideration of S. 2249, the Committee adopted an 

amendment in the nature of a substitute and an amendment to the 

title. The substitute amendment replaced the permanent reauthorization of the Committee and Program with a 10-year reauthorization. The amendment also modified the authorization amount. 

SECTION-BY-SECTION ANALYSIS

Sec. 1. Short title 

Section 1 sets forth the short title. 

Sec. 2. Reauthorization of the Rio Puerco Management Committee 

Section 2 amends section 401(b)(4) of division I of the Omnibus 

Parks and Public Lands Management Act of 1996 (Public Law 104– 

333) to authorize the Committee for 10 years from the Act’s enactment. 

Sec. 3. Reauthorization of the Rio Puerco Watershed Management 

Program 

Section 3 amends section 401(e) of division I of the Omnibus 

Parks and Public Lands Management Act of 1996 (Public Law 104– 

333) to authorize appropriations for the Program for 10 years from 

the Act’s enactment. 

COST AND BUDGETARY CONSIDERATIONS

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

S. 2249 would reauthorize the Rio Puerco Management Committee (RPMC) for 10 years. The RPMC is a collaborative watershed organization, organized and funded by the Bureau of Land 

Management (BLM) that works with state and local governments 

and other stakeholders to protect the sustainability of the Rio 

Puerco watershed in New Mexico. The committee’s current authority expires at the end of fiscal year 2019. 

4 

The majority of funding for projects in the Rio Puerco watershed, 

including those for erosion and sediment control, has been provided 

by the Environmental Protection Agency and the New Mexico Environment Department. The most recent major projects concluded in 

2010; S. 2249 would not affect funding for those projects. BLM covers the administrative costs of the RPMC, whose members meet 

several times each year. Over the past few years, those costs have 

totaled about $6,000 annually. 

CBO estimates that the RPMC’s administrative costs will continue to total a few thousand dollars per year over the 2019–2023 

period; BLM does not foresee any significant new projects. Any 

spending would be subject to the availability of appropriated funds. 

Enacting the bill would not affect direct spending or revenues; 

therefore, pay-as-you-go procedures do not apply. 

CBO estimates that enacting S. 2249 would not increase net direct spending or on-budget deficits in any of the four consecutive 

10-year periods beginning in 2029. 

S. 2249 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act. 

The CBO staff contact for this estimate is Jon Sperl. The estimate was reviewed by H. Samuel Papenfuss, 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. 2249. 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. 2249, as ordered reported. 

CONGRESSIONALLY DIRECTED SPENDING

S. 2249 as ordered reported, does not contain any congressionally 

directed spending items, limited tax benefits, or limited tariff benefits as defined in rule XLIV of the Standing Rules of the Senate. 

EXECUTIVE COMMUNICATIONS

The testimony provided by the Department of the Interior at the 

February 7, 2018, hearing on S. 2249 follows: 

STATEMENT OF BRIAN STEED, DEPUTY DIRECTOR FOR POL- ICY & PROGRAMS, BUREAU OF LAND MANAGEMENT, U.S. 

DEPARTMENT OF THE INTERIOR

Thank you for the opportunity to present the views of 

the Department of the Interior (Department) on S. 2249, 

the Rio Puerco Watershed Management Program Reauthorization Act. The Rio Puerco Management Committee 

has been a historically important collaborative tool for supporting rural communities and traditional uses of the pubVerDate Sep 11 2014 06:34 Dec 06, 2018 Jkt 089010 PO 00000 Frm 00004 Fmt 6659 Sfmt 6969 E:\HR\OC\SR405.XXX SR405
5 

lic lands. S. 2249 would permanently reauthorize the Rio 

Puerco Management Committee (RPMC) and the Rio 

Puerco Watershed Management Program. The Department 

recommends that the RPMC be reauthorized for a limited 

ten-year period. 

Background 

The Rio Puerco Watershed located in west central New 

Mexico contains the most significant tributary in the Middle Rio Grande Basin. Covering nearly 7,350 square miles, 

it includes 9 sub-watersheds that drain into portions of 7 

counties west of the Rio Grande. Over the past half century, the Rio Puerco Watershed has become severely degraded because of accelerated erosion and high sediment 

loads. According to the U.S. Army Corps of Engineers, soil 

erosion within this watershed surpasses that of any other 

watershed in the country. 

Established by the Omnibus Parks and Land Management Act of 1996 (Public Law 104–333) and reauthorized 

in 2009, the RPMC is a collaborative organization convened and facilitated by the Bureau of Land Management 

(BLM) that consists of State, Federal, and Tribal entities, 

soil and water conservation districts, representatives of 

county governments, residents from rural communities 

within the watershed, environmental and conservation 

groups, and the public. The purpose of the RPMC is to advise the Secretary of the Interior, acting through the BLM, 

on developing and implementing the Rio Puerco Management Program, also established by Public Law 104–333. As 

per the law, the Rio Puerco Management Program provides support to the RPMC as the RPMC collects data on 

the watershed, identifies best management practices, and 

monitors ongoing programs. Further, the RPMC acts as a 

forum for information about activities affecting the development and implementation of best management practices 

in the Rio Puerco Watershed. 

Since the creation of the RMPC in 1996, the BLM has 

partnered with the many local groups that comprise the 

RMPC on projects that have improved the overall health 

of the watershed and have supported, educated, and even 

employed members of the local rural community. For example, in cooperation with the New Mexico State Highway 

and Transportation Department, the RPMC engaged in 

restoration activities that redirected the Rio Puerco from 

its unstable, channelized path to a meandering, natural 

route. Through a grant provided by the New Mexico Environment Department, the RPMC worked with private 

landowners on erosion control, vegetation management, 

and grazing management projects to improve the water 

quality in two degraded tributaries of the Rio Puerco Watershed. Finally, the RPMC worked with chapters of the 

Eastern Navajo to train participants in a summer youth 

program to install structures that support grazing programs. 

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These are just a few examples of the many projects that 

the RPMC has made possible in partnership with the local 

community, and Federal agencies like the BLM, in support 

of responsible multiple uses on the public lands, working 

landscapes, and traditional uses such as grazing. Although 

no new projects have been funded since 2013, the RPMC 

has continued to meet approximately quarterly for the last 

five years. In the absence of project funding, the committee’s primary focus has turned to regaining participation 

and momentum for on-the-ground project work focused on 

watershed improvement. 

S. 2249, Rio Puerco Watershed Management Program Reauthorization Act 

S. 2249 permanently reauthorizes the Rio Puerco Watershed Management Program and the RPMC. The bill also 

authorizes appropriations for fiscal year 2017 and each fiscal year thereafter. The RPMC was originally authorized 

for a ten-year period, and was reauthorized for an additional ten years in 2009. The BLM recommends that the 

sponsor and the Subcommittee consider reauthorizing the 

committee for a limited ten-year period in this instance as 

well. 

The BLM has appreciated the opportunity to work closely with its partners in the local community on improving 

the health of the Rio Puerco watershed. Although projects 

undertaken by the Rio Puerco Watershed Committee have 

been funded primarily through appropriations in the past, 

the Department of the Interior is currently undertaking a 

review of grants and cooperative agreements with outside 

groups and agencies, and would like to carefully evaluate 

the work of the RPMC in the context of this review. 

Conclusion 

Thank you again for the opportunity to testify on S. 

2249, Rio Puerco Watershed Management Program Reauthorization Act. We appreciate the work of the sponsor on 

this legislation, and we look forward to collaborating with 

him and the Subcommittee as the bill moves through the 

legislative process. 

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 S. 2249, as 

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): 

OMNIBUS PARKS AND PUBLIC LANDS 

MANAGEMENT ACT OF 1996 

Public Law 104–333, as amended by Public Law 111–11 

* * * * * * * 

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DIVISION I 

* * * * * * * 

TITLE IV—RIVERS AND TRAILS 

SEC. 401. RIO PUERCO WATERSHED. 

* * * * * * * 

(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; 

(J) the Natural Resources Conservation Service of the 

Department of Agriculture; 

(K) the State of New Mexico, including the New Mexico 

Environment Department of the State Engineer; 

(L) affected local soil and water conservation districts; 

(M) the Elephant Butte Irrigation District; 

(N) private landowners; and 

(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 the øOmnibus Public Land Management Act of 2009¿ the Rio Puerco Watershed Management Program Reauthorization Act. 

(c) REPORT.—Not later than the date that is 2 years after the 

date of enactment of this Act, and biennially thereafter, the Secretary of the Interior, in consultation with the Rio Puerco Management Committee, shall transmit to the Committee on Energy and 

Natural Resources of the Senate and to the Committee on Resources of the House of Representatives a report containing— 

(1) a summary of activities of the management program 

under subsection (a); and 

(2) proposals for joint implementation efforts, including funding recommendations. 

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(d) LOWER RIO GRANDE HABITAT STUDY.— (1) IN GENERAL.—The Secretary of the Interior, in cooperation with appropriate State agencies, shall conduct a study of 

the Rio Grande that— 

(A) shall cover the distance from Caballo Lake to 

Sunland Park, New Mexico; and 

(B) may cover a greater distance. 

(2) CONTENTS.—The study under paragraph (1) shall include—(A) a survey of the current habitat conditions of the 

river and its riparian environment; 

(B) identification of the changes in vegetation and habitat over the past 400 years and the effect of the changes 

on the river and riparian area; and 

(C) an assessment of the feasibility, benefits, and problems associated with activities to prevent further habitat 

loss and to restore habitat through reintroduction or establishment of appropriate native plant species. 

(3) TRANSMITTAL.—Not later than 3 years after the date on 

which funds are made available to carry out this section, the 

Secretary of the Interior shall transmit the study under paragraph (1) to the Committee on Energy and Natural Resources 

of the Senate and to the Committee on Resources of the House 

of Representatives. 

(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 the 

øOmnibus Public Land Management Act of 2009¿ Rio Puerco Watershed Management Program Reauthorization Act. 

Æ