II 

109TH CONGRESS 

1ST SESSION S. 1540 

To authorize the Secretary of the Army and the Secretary of the Interior 

to establish a program to improve water management and contribute 

to the recovery of endangered species in the Middle Rio Grande, New 

Mexico, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 28, 2005 

Mr. DOMENICI (for himself and Mr. BINGAMAN) 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 and the Secretary 

of the Interior to establish a program to improve water 

management and contribute to the recovery of endangered species in the Middle Rio Grande, New Mexico, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Middle Rio Grande 

5 Endangered Species Collaborative Program Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 
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1 (1) COLLABORATIVE PROGRAM.—The term 

2 ‘‘Collaborative Program’’ means the Middle Rio 

3 Grande Endangered Species Collaborative Program 

4 established under section 3(a). 

5 (2) EXECUTIVE COMMITTEE.—The term ‘‘Exec6 utive Committee’’ means the Executive Committee 

7 established under section 4(c). 

8 (3) INTERESTS IN LAND AND WATER.—The 

9 term ‘‘interests in land and water’’ includes pur10 chases, leases, easements, and agreements to provide 

11 water storage, land, or water that are obtained from 

12 willing sellers, lessors, or contributors in compliance 

13 with applicable Federal, State, or tribal laws. 

14 (4) MIDDLE RIO GRANDE.— 

15 (A) IN GENERAL.—The term ‘‘Middle Rio 

16 Grande’’ means the headwaters of the Rio 

17 Chama and the Rio Grande, including all tribu18 taries, from the State line between Colorado 

19 and New Mexico downstream to the elevation 

20 corresponding with the spillway crest of Ele21 phant Butte Dam at 4,457.3 feet mean sea 

22 level. 

23 (B) EXCLUSION.—The term ‘‘Middle Rio 

24 Grande’’ excludes the land area reserved for the 

25 full pool of the Elephant Butte Reservoir. 
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1 (5) MIDDLE RIO GRANDE CONSERVANCY DIS2 TRICT.—The term ‘‘Middle Rio Grande Conservancy 

3 District’’ means the political subdivision of the State 

4 of that name, created in 1925. 

5 (6) PROJECT.— 

6 (A) IN GENERAL.—The term ‘‘project’’ 

7 means a scientific or management study, a 

8 planning, design, permitting, construction, oper9 ations, maintenance, or replacement activity, or 

10 the acquisition of interests in land or water. 

11 (B) INCLUSIONS.—The term ‘‘project’’ in12 cludes— 

13 (i) a project begun but not completed 

14 by the Endangered Species Collaborative 

15 Program before the date of enactment of 

16 this Act; and 

17 (ii) a project recommended by the Ex18 ecutive Committee after the date of enact19 ment of this Act that carries out the pur20 poses described in section 3(b). 

21 (7) RIO GRANDE COMPACT.—The term ‘‘Rio 

22 Grande Compact’’ means the Rio Grande Com23 pact— 
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1 (A) for which Congress provided consent 

2 under the Act of May 31, 1939 (53 Stat. 785, 

3 chapter 155); and 

4 (B) that was ratified by the States of Colo5 rado, New Mexico, and Texas. 

6 (8) SECRETARY.—The term ‘‘Secretary’’ means 

7 the Secretary of the Army, acting through the Chief 

8 of Engineers. 

9 (9) SIGNATORY MEMBER.—The term ‘‘signatory 

10 member’’ means any Federal, State, or municipal 

11 agency, tribe, or public or private organization that 

12 has signed the memorandum of agreement described 

13 in section 4(c)(1)(C). 

14 (10) SILVERY MINNOW.—The term ‘‘silvery 

15 minnow’’ means the species Hybognathus amarus, 

16 commonly known as the Rio Grande silvery minnow, 

17 a fish listed as an endangered species, as described 

18 in the notice entitled ‘‘Final Rule to List the Rio 

19 Grande Silvery Minnow as an Endangered Species’’ 

20 (59 Fed. Reg. 36988 (July 20, 1994)). 

21 (11) STATE.—The term ‘‘State’’ means the 

22 State of New Mexico. 

23 (12) TRIBE.—The term ‘‘tribe’’ means an In24 dian pueblo or tribe that— 
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1 (A) occupies land in the Middle Rio 

2 Grande; and 

3 (B) is included on the list of federally rec4 ognized tribes published by the Secretary of the 

5 Interior in accordance with section 104 of the 

6 Federally Recognized Indian Tribe List Act of 

7 1994 (25 U.S.C. 479a–1). 

8 (13) WILLOW FLYCATCHER.—The term ‘‘willow 

9 flycatcher’’ means the species Empidonax traillii 

10 extimus, commonly known as the southwestern wil11 low flycatcher, a migratory bird listed as an endan12 gered species, as described in the notice entitled 

13 ‘‘Final Rule Determining Endangered Status for the 

14 Southwestern Willow Flycatcher’’ (60 Fed. Reg. 

15 10694 (February 27, 1995)). 

16 SEC. 3. COLLABORATIVE PROGRAM. 

17 (a) ESTABLISHMENT.—The Secretary, in collabora18 tion with the Secretary of the Interior, shall establish the 

19 Middle Rio Grande Endangered Species Collaborative Pro20 gram in accordance with section 4. 

21 (b) PURPOSES.—The purposes of the Collaborative 

22 Program shall be— 

23 (1) to carry out a long-term plan, including 

24 projects to protect, and promote recovery of, the sil-
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1 very minnow and willow flycatcher in the Middle Rio 

2 Grande; 

3 (2) to ensure compliance with the Endangered 

4 Species Act of 1973 (16 U.S.C. 1531 et seq.) while 

5 maintaining water use in the Middle Rio Grande in 

6 compliance with applicable law; 

7 (3) to support improved water management; 

8 (4) to allow continued water development; 

9 (5) to benefit overall ecological integrity; 

10 (6) to promote cooperation and collaboration in 

11 implementation of protection and recovery activities 

12 between Federal and non-Federal entities; 

13 (7) to coordinate Federal actions that promote 

14 protection and recovery of the silvery minnow and 

15 willow flycatcher; and 

16 (8) to establish a scientific basis for implemen17 tation of activities through recovery plans to ensure 

18 protection and recovery of the silvery minnow and 

19 willow flycatcher. 

20 SEC. 4. COLLABORATIVE PROGRAM STRUCTURE. 

21 (a) REPEAL.—Section 209 of the Energy and Water 

22 Development Appropriations Act, 2004 (Public Law 108– 

23 137; 117 Stat. 1850) is repealed. 
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1 (b) ESTABLISHMENT.—The Collaborative Program 

2 shall consist of an Executive Committee, a Program Im3 plementation Team, and working groups. 

4 (c) EXECUTIVE COMMITTEE.— 

5 (1) IN GENERAL.—The Secretary, in collabora6 tion with the Secretary of the Interior shall— 

7 (A) not later than 180 days after the date 

8 of enactment of this Act, establish an Executive 

9 Committee consisting of Federal and non-Fed10 eral entities described in paragraph (2) to— 

11 (i) provide guidance to the Program 

12 Implementation Team to develop and ap13 prove a long-term plan to carry out the 

14 purposes of the Collaborative Program; 

15 (ii) coordinate Collaborative Program 

16 projects for the recovery of the silvery min17 now and the willow flycatcher with other 

18 Federal and non-Federal activities in the 

19 Middle Rio Grande to achieve the greatest 

20 effect and limit unnecessary duplication of 

21 efforts to the maximum extent practicable; 

22 (iii) create, assign, and oversee tasks 

23 of the Program Implementation Team and 

24 working groups as necessary to implement 
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1 a long-term plan and otherwise accomplish 

2 the purposes of the Collaborative Program; 

3 (iv) develop multiyear budget prior4 ities and present funding requests to the 

5 Corps of Engineers, the Bureau of Rec6 lamation, the United States Fish and 

7 Wildlife Service, other Federal agencies, 

8 and non-Federal entities; and 

9 (v) review work products undertaken 

10 by the Collaborative Program, including 

11 development of plans, budgets, reports, 

12 and requests for proposals; 

(B) consider decisions made by 3 13 ⁄4 of a 

14 quorum as the recommendation to be carried 

15 out under the Collaborative Program; 

16 (C) develop, consistent with this Act, a 

17 memorandum of agreement describing— 

18 (i) the goals of the Collaborative Pro19 gram; 

20 (ii) the responsibilities of the partici21 pants to contribute to the success of the 

22 Collaborative Program; and 

23 (iii) the administrative rules, bylaws, 

24 and agreements governing Collaborative 

25 Program participation; and 
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1 (D) in cooperation with the members of 

2 the Executive Committee, develop bylaws gov3 erning the operations of the Executive Com4 mittee. 

5 (2) MEMBERSHIP.— 

6 (A) IN GENERAL.—Subject to subpara7 graph (B), the Executive Committee shall be 

8 composed of— 

9 (i) 1 permanent voting member rep10 resenting the Bureau of Reclamation, ap11 pointed by the Secretary of the Interior; 

12 (ii) 1 permanent voting member rep13 resenting the United States Fish and Wild14 life Service, appointed by the Secretary of 

15 the Interior; 

16 (iii) 1 permanent voting member rep17 resenting the Corps of Engineers, ap18 pointed by the Secretary; 

19 (iv) upon invitation by the Secretary, 

20 other voting members who have signed the 

21 memorandum of agreement described in 

22 paragraph (1)(C), representing any of— 

23 (I) the State of New Mexico 

24 Interstate Stream Commission; 
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1 (II) the State of New Mexico De2 partment of Game and Fish; 

3 (III) the New Mexico Attorney 

4 General; 

5 (IV) the Pueblo of Santo Do6 mingo; 

7 (V) the Pueblo of Sandia; 

8 (VI) the Pueblo of Isleta; 

9 (VII) the Pueblo of Santa Ana; 

10 (VIII) the Middle Rio Grande 

11 Conservancy District; 

12 (IX) the Albuquerque–Bernalillo 

13 County Water Authority; 

14 (X) an organization that rep15 resents a significant portion of the en16 vironmental community; and 

17 (XI) an organization that rep18 resents a significant portion of the 

19 farming community; 

20 (v) the non-Federal cochairperson 

21 elected under paragraph (4); and 

22 (vi) upon unanimous recommendation 

23 of the existing members, members rep24 resenting any additional organizations that 
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1 sign the memorandum of agreement de2 scribed in paragraph (1)(C). 

3 (B) MEMBERSHIP CAP.—The total mem4 bership of the Executive Committee shall not 

5 exceed 20 members. 

6 (C) QUORUM.— 

7 (i) IN GENERAL.—Except as provided 

in clause (ii), 2 8 ⁄3 of the members of the Ex9 ecutive Committee shall constitute a 

10 quorum. 

11 (ii) EXCEPTION.—For purposes of 

12 subparagraphs (A) and (C) of paragraph 

(4), 2 13 ⁄3 of the non-Federal members of the 

14 Executive Committee shall constitute a 

15 quorum. 

16 (3) FEDERAL COCHAIRPERSON.— 

17 (A) IN GENERAL.—The Secretary of the 

18 Interior shall select a Federal Cochairperson 

19 from the Department of the Interior who 

20 shall— 

21 (i) be a nonvoting member of the Ex22 ecutive Committee; 

23 (ii) convene the Executive Committee; 

24 (iii) develop committee agendas; 

25 (iv) call meetings; 
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1 (v) schedule votes and other decision2 making processes; and 

3 (vi) hold the Program Implementation 

4 Team accountable for assignments received 

5 from the Executive Committee. 

6 (B) REMOVAL.—The Federal Cochair7 person may be replaced by the Secretary on a 

vote of no-confidence by 3 8 ⁄4 of a quorum. 

9 (4) NON-FEDERAL COCHAIRPERSON.— 

10 (A) IN GENERAL.—A non-Federal Chair11 person of the Executive Committee shall be 

elected on approval by 3 12 ⁄4 of a quorum. 

13 (B) DUTIES.—The non-Federal Chair14 person shall— 

15 (i) be a voting member of the Execu16 tive Committee; 

17 (ii) establish the Executive Committee 

18 agenda jointly with the Federal Cochair19 person; and 

20 (iii) lead meetings in the absence of 

21 the Federal Cochairperson. 

22 (C) REMOVAL.— 

23 (i) IN GENERAL.—The non-Federal 

24 Cochairperson may be removed by the Sec-
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retary on a vote of no-confidence by 3 1 ⁄4

2 of a quorum. 

3 (ii) VACANCY.—If the non-Federal 

4 Chairperson is removed under clause (i), 

5 the vacancy shall be filled in accordance 

6 with subparagraph (A). 

7 (d) PROGRAM IMPLEMENTATION TEAM.— 

8 (1) IN GENERAL.—The Secretary shall establish 

9 a Program Implementation Team— 

10 (A) administered by a program manager 

11 from the Corps of Engineers; and 

12 (B) supported by 1 representative of each 

13 entity with membership on the Executive Com14 mittee that elects to provide a representative. 

15 (2) ADDITIONAL STAFF.—To support the goals 

16 of the Collaborative Program, the Secretary of the 

17 Interior shall provide staff for the Program Imple18 mentation Team from— 

19 (A) the Bureau of Reclamation; 

20 (B) the Bureau of Indian Affairs; 

21 (C) the United States Fish and Wildlife 

22 Service; or 

23 (D) any other appropriate agency of the 

24 Department of the Interior. 
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1 (3) DUTIES.—Under the direction of the Exec2 utive Committee, the Program Implementation 

3 Team shall— 

4 (A) provide administrative support for all 

5 Collaborative Program operations; 

6 (B) not later than 1 year after the date of 

7 enactment of this Act, prepare a long-term plan 

8 to carry out the purposes of the Collaborative 

9 Program; 

10 (C) consistent with the long-term plan, 

11 prepare annual revisions, annual work plans, 

12 budget requests, and activity and fiscal reports; 

13 (D) provide information to the public con14 cerning activities of the Collaborative Program 

15 and undertake community outreach; 

16 (E) collaborate with other efforts relating 

17 to the protection and recovery of the silvery 

18 minnow and willow flycatcher carried out under 

19 other Federal programs and non-Federal pro20 grams, including— 

21 (i) silvery minnow and willow 

22 flycatcher recovery teams under the direc23 tion of the United States Fish and Wildlife 

24 Service; 
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1 (ii) Bosque and ecosystem recovery 

2 programs under the United States Fish 

3 and Wildlife Service and Corps of Engi4 neers; and 

5 (iii) other related programs; 

6 (F) administer project proposal processes; 

7 (G) administer contracts and grants, ex8 cept for those contracts and grants assigned to 

9 the Bureau of Reclamation; 

10 (H) ensure that all activities undertaken 

11 by the Collaborative Program comply with ap12 plicable laws; and 

13 (I) undertake such other duties as are as14 signed by the Executive Committee and nec15 essary to carry out the Collaborative Program. 

16 (e) WORKING GROUPS.— 

17 (1) IN GENERAL.—The Executive Committee 

18 may create working groups to— 

19 (A) provide advice to the Executive Com20 mittee and the Program Implementation Team; 

21 and 

22 (B) implement tasks consistent with the 

23 purposes described in section 3(b). 

24 (2) MEMBERSHIP.—Working groups established 

25 under paragraph (1) may consist of— 
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1 (A) members of the Program Implementa2 tion Team; and 

3 (B) individuals appointed by, and under 

4 the direction of, the Program Implementation 

5 Team, including— 

6 (i) representatives appointed by the 

7 Executive Committee; 

8 (ii) signatory members; or 

9 (iii) individuals contracted by the Pro10 gram Implementation Team. 

11 SEC. 5. COLLABORATIVE PROGRAM ACTIVITIES. 

12 (a) IN GENERAL.—The Secretary and the Secretary 

13 of the Interior may— 

14 (1) enter into any grants, contracts, cooperative 

15 agreements, interagency agreements, or other agree16 ments that the Secretary and the Secretary of the 

17 Interior determine to be necessary to carry out the 

18 Collaborative Program, including interagency agree19 ments to transfer funds between agencies within the 

20 jurisdiction of the Secretary and the Secretary of the 

21 Interior; and 

22 (2) accept or provide grants to carry out the 

23 Collaborative Program. 

24 (b) RESPONSIBILITIES.—In carrying out the pur25 poses of the Collaborative Program— 
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1 (1) the Commissioner of Reclamation may— 

2 (A) carry out flow requirements to comply 

3 with the Biological Opinion described in section 

4 205(b) of the Energy and Water Development 

5 Appropriations Act, 2005 (Public Law 108– 

6 447; 118 Stat. 2949) or any modifications to 

7 the Biological Opinion and other projects relat8 ing to water management, including— 

9 (i) acquiring interests in land and 

10 water to meet minimum flow requirements; 

11 (ii) monitoring and gaging flows; 

12 (iii) pumping from the Low Flow Con13 veyance Channel and other drains and 

14 channels to support silvery minnow and 

15 willow flycatcher habitat; and 

16 (iv) improving monitoring and gaging; 

17 (B) consult with the signatory members re18 garding opportunities and methods to accom19 plish the responsibilities; 

20 (C) coordinate implementation of all other 

21 activities carried out within the Middle Rio 

22 Grande under the jurisdiction of the Bureau of 

23 Reclamation with the activities of the Collabo24 rative Program to achieve the purposes of the 

25 Collaborative Program; and 
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1 (D) construct fish passages at San Acacia 

2 Diversion Dam and at Isleta Diversion Dam; 

3 (2) the Secretary of the Army— 

4 (A) may carry out and fund additional 

5 projects not designated to the Commissioner of 

6 Reclamation under paragraph (1), including— 

7 (i) actions to induce overbank flooding 

8 and creation of backwaters; 

9 (ii) salvaging eggs; 

10 (iii) improving monitoring and gaging; 

11 (iv) performing habitat and ecosystem 

12 restoration; 

13 (v) regeneration of native vegetation 

14 and monitoring of associated water deple15 tions; 

16 (vi) reconstructing a new San Marcial 

17 Railroad bridge and realignment of the 

18 river channel; 

19 (vii) developing ways to— 

20 (I) increase sediment transport 

21 through Jemez Canyon Dam, Galisteo 

22 Dam, and Cochiti Lake; and 

23 (II) address issues of contami24 nated sediment; 
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1 (viii) preventing salt cedar encroach2 ment in Angostura, Isleta and San Acacia 

3 reaches; 

4 (ix) implementing captive propagation 

5 of silvery minnow, including expansion of 

6 facilities; 

7 (x) creating at least 2 new naturalized 

8 refugia, 1 of which shall be carried out in 

9 partnership with the Bureau of Reclama10 tion, United States Fish and Wildlife Serv11 ice, and Middle Rio Grande Conservancy 

12 District without direct oversight by the 

13 Collaborative Program, under the Silvery 

14 Minnow Off-Channel Sanctuaries Program 

15 as authorized under section 6014 of the 

16 Emergency Supplemental Appropriations 

17 Act for Defense, the Global War on Ter18 ror, and Tsunami Relief, 2005 (Public 

19 Law 109–13; 119 Stat. 283); 

20 (xi) monitoring silvery minnow protec21 tion and recovery efforts by conducting 

22 surveys of populations and habitat above 

23 Cochiti Lake; 
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1 (xii) developing comprehensive water 

2 quality assessments and managing changes 

3 in water quality; 

4 (xiii) conducting studies and research 

5 necessary to define the needs of listed spe6 cies; and 

7 (xiv) monitoring the effects of activi8 ties on listed species; 

9 (B) shall implement the decisions of the 

10 Executive Committee in performing the activi11 ties described in subparagraph (A); and 

12 (C) shall coordinate implementation of all 

13 other activities carried out within the Middle 

14 Rio Grande by the Corps of Engineers with the 

15 activities of the Collaborative Program in order 

16 to achieve the purposes of the Collaborative 

17 Program. 

18 (c) LIMITATIONS.— 

19 (1) ACQUISITION OF LAND OR WATER.—In car20 rying out this Act, the Secretary or the Secretary of 

21 the Interior may only acquire interests in land and 

22 water. 

23 (2) WATER RIGHTS.—Nothing in this Act pre24 empts or affects State water law or an interstate 

25 compact governing water. 
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1 (3) COMPLIANCE.—All actions carried out in 

2 accordance with this Act shall be in compliance with 

3 applicable State, Federal, or tribal law. 

4 (4) RIO GRANDE COMPACT.—No action carried 

5 out under this Act shall impair the ability of the 

6 State to meet the obligations of the State under the 

7 Rio Grande compact. 

8 (5) STATE LAW.—The Secretary and the Sec9 retary of the Interior shall carry out activities under 

10 the Collaborative Program consistent with State law. 

11 (6) CONSULTATION.— 

12 (A) IN GENERAL.—Consultations between 

13 governments under this Act shall be carried out 

14 between the Secretary or the Secretary of the 

15 Interior and tribes prior to initiating actions 

16 that would impact tribal land or water rights. 

17 (B) CONSENT REQUIREMENT.—No action 

18 involving access to, or use of, pueblo or tribal 

19 land may be carried out without prior written 

20 consent of the affected pueblo or Indian tribe. 

21 (7) COLLABORATION.—In carrying out this Act, 

22 the Secretary and the Secretary of Interior may col23 laborate with or enter into contracts, cooperative 

24 agreements, interagency agreements, or other agree-
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1 ments with, or accept or provide grants to, tribes 

2 that— 

3 (A) are signatory members; but 

4 (B) are not represented on the Executive 

5 Committee. 

6 (8) NO EFFECT ON CERTAIN AUTHORITY.— 

7 Nothing in this Act diminishes the authority, sov8 ereignty, or rights of any person, organization, tribe, 

9 or other governmental entity. 

10 (9) NO EFFECT ON CERTAIN DUTIES.— 

11 (A) IN GENERAL.—Nothing in this Act di12 minishes or impairs— 

13 (i) the trust relationship or responsi14 bility of the Federal Government to any 

15 tribe; 

16 (ii) the obligation of the Federal Gov17 ernment to consult with the tribes on a 

18 government-to-government basis; or 

19 (iii) the ability of the Federal Govern20 ment to fund activities for the benefit of 

21 the tribes. 

22 (B) FUNDING.—Nothing in this Act re23 stricts the Secretary or the Secretary of the In24 terior from funding activities in accordance with 
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1 the Indian trust responsibility of the Federal 

2 Government. 

3 (10) NO EFFECT ON RESERVOIR OPER4 ATIONS.—While this Act provides additional author5 ization for the Secretary and the Secretary of the 

6 Interior, nothing expands the discretion of the Sec7 retary or the Secretary of the Interior with respect 

8 to operating reservoir facilities under the jurisdiction 

9 of the Secretary or the Secretary of the Interior in 

10 the Middle Rio Grande. 

11 SEC. 6. REPORTING. 

12 Not later than 1 year after the date of enactment 

13 of this Act, and every 2 years thereafter, the Secretary 

14 and the Secretary of the Interior shall submit to the Com15 mittee on Environment and Public Works and the Com16 mittee on Energy and Natural Resources of the Senate 

17 and the Committee on Resources of the House of Rep18 resentatives a report that— 

19 (1) describes expenditure of appropriated funds 

20 and cost-share contributions; 

21 (2) describes activities carried out under this 

22 Act; and 

23 (3) describes compliance with the purposes of 

24 this Act. 
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1 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

2 (a) AUTHORIZATION OF APPROPRIATIONS.— 

3 (1) IN GENERAL.—There is authorized to be 

4 appropriated to the Secretary and the Secretary of 

5 the Interior such sums as are necessary to carry out 

6 this Act for each of fiscal years 2006 through 2015. 

7 (2) NONREIUMBURSABLE.—Amounts made 

8 available pursuant to paragraph (1) shall be consid9 ered nonreimbursable Federal expenditures. 

10 (b) COST ALLOCATION.— 

11 (1) ACTIVITIES AT FULL FEDERAL EXPENSE.— 

12 (A) WATER ACQUISITION.—Water acquisi13 tion and the cost of administration for water 

14 acquisition and water management by the Bu15 reau of Reclamation described in section 

16 5(b)(1) shall be carried out at full Federal ex17 pense. 

18 (B) ADMINISTRATION.—Administration of 

19 the Collaborative Program, as described in sec20 tion 4(d), including the participation of Federal 

21 agencies in the Program Implementation Team, 

22 shall be carried out at full Federal expense. 

23 (2) COST-SHARE.— 

24 (A) IN GENERAL.—Subject to subpara25 graph (B), all projects or activities of the Col26 laborative Program not described in paragraph 
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1 (1) that are carried out by the Secretary or the 

2 Secretary of the Interior shall require a non3 Federal cost-share of 25 percent. 

4 (B) LIMITATION.— 

5 (i) IN GENERAL.—The total non-Fed6 eral share required under subparagraph 

7 (A) for all projects during the period of fis8 cal years 2006 through 2015 shall be not 

9 more than $30,000,000. 

10 (ii) FEDERAL EXPENSE.—On satisfac11 tion of the total non-Federal share de12 scribed in clause (i)— 

13 (I) no further non-Federal share 

14 shall be required; and 

15 (II) all projects and activities 

16 shall be carried out at full Federal ex17 pense. 

18 (C) CONTRIBUTIONS.—The cost-share 

19 under subparagraph (A) may be provided as— 

20 (i) in-kind contributions, including 

21 participation on the Program Implementa22 tion Team or in working groups, the value 

23 of which shall be determined by Secretary; 

24 or 

25 (ii) direct cash contributions. 
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1 (D) PROGRAMMATIC BASIS.—The amount 

2 of the Federal and non-Federal cost-shares 

3 shall be determined on— 

4 (i) a programmatic, rather than 

5 project-by-project, basis; and 

6 (ii) a 3-year interval with excess non7 Federal cost-share being credited to subse8 quent accounting periods. 

9 (c) ADMINISTRATIVE COSTS.—Not more than 15 per10 cent of amounts made available under subsection (a) shall 

11 be used to pay the administrative costs of carrying out 

12 the Program Implementation Team established under sec13 tion 4(d). 

Æ