II

103D CONGRESS

2D SESSION S. 1919

To improve water quality within the Rio Puerco watershed and to help

restore the ecological health of the Rio Grande through the cooperative

identification and implementation of best management practices which

are consistent with the ecological, geological, cultural, sociological, and

economic conditions in the region.

IN THE SENATE OF THE UNITED STATES

MARCH 10 (legislative day, FEBRUARY 22), 1994

Mr. BINGAMAN introduced the following bill; which was read twice and

referred to the Committee on Energy and Natural Resources

A BILL

To improve water quality within the Rio Puerco watershed

and to help restore the ecological health of the Rio

Grande through the cooperative identification and implementation of best management practices which are consistent with the ecological, geological, cultural, sociological, and economic conditions in the region.

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 ‘‘Rio Puerco Watershed

5 Act of 1994’’.
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1 SEC. 2. FINDINGS.

2 The Congress finds that—

3 (1) over time, extensive ecological changes have

4 occurred in the Rio Puerco watershed, including—

5 (A) erosion of agricultural and range

6 lands;

7 (B) impairment of waters due to heavy

8 sedimentation;

9 (C) reduced productivity of renewable re10 sources;

11 (D) loss of biological diversity;

12 (E) loss of functioning riparian areas; and

13 (F) loss of available surface water;

14 (2) damage to the watershed has seriously af15 fected the economic and cultural well-being of its in16 habitants, including—

17 (A) loss of existing communities that were

18 based on the land and were self-sustaining; and

19 (B) adverse effects on the traditions, cus20 toms, and cultures of the affected communities;

21 (3) a healthy and sustainable ecosystem is es22 sential to the long-term economic and cultural viabil23 ity of the region;

24 (4) the impairment of the Rio Puerco watershed

25 has damaged the ecological and economic well-being
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1 of the area below the junction of the Rio Puerco

2 with the Rio Grande including—

3 (A) disruption of ecological processes;

4 (B) water quality impairment;

5 (C) significant reduction in the water stor6 age capacity and life expectancy of the Ele7 phant Butte Dam and Reservoir system due to

8 sedimentation;

9 (D) chronic problems of irrigation system

10 channel maintenance; and

11 (E) increased risk of flooding caused by

12 sediment accumulation;

13 (5) the Rio Puerco is a major tributary of the

14 Rio Grande and the coordinated implementation of

15 ecosystem-based best management practices for the

16 Rio Puerco system could benefit the larger Rio

17 Grande system;

18 (6) the Rio Puerco watershed has been stressed

19 from the loss of native vegetation, introduction of

20 exotic species, and alteration of riparian habitat

21 which have disrupted the original dynamics of the

22 river and disrupted natural ecological processes;

23 (7) the Rio Puerco watershed is a mosaic of

24 private, Federal, tribal trust, and State land owner-
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1 ship with diverse, sometimes differing management

2 objectives;

3 (8) development, implementation, and monitor4 ing of an effective watershed management program

5 for the Rio Puerco watershed requires cooperation

6 among—

7 (A) the Bureau of Land Management;

8 (B) the Rio Puerco Watershed Committee;

9 (C) the National Forest Service;

10 (D) the Pueblos of Acoma, Isleta, Jemez,

11 and Laguna;

12 (E) the Eastern and Canoncito Bands of

13 the Navajo Nation;

14 (F) the Jicarilla Apache Tribe;

15 (G) the Bureau of Reclamation;

16 (H) the Geological Survey;

17 (I) the Bureau of Indian Affairs;

18 (J) the Fish and Wildlife Service;

19 (K) the Soil and Conservation Service;

20 (L) the Army Corps of Engineers;

21 (M) the National Park Service;

22 (N) the State of New Mexico;

23 (O) private landowners;

24 (P) local and regional governmental enti25 ties;
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1 (Q) other interested citizens; and

2 (R) affected local soil and water conserva3 tion districts;

4 (9) the Secretary of the Interior, acting through

5 the Director of the Bureau of Land Management, in

6 consultation with the entities listed in paragraph

7 (7), and in cooperation with the Rio Puerco Water8 shed Committee, is best suited to coordinate man9 agement efforts in the Rio Puerco watershed; and

10 (10) accelerating the pace of improvement in

11 Rio Puerco watershed on a coordinated, cooperative

12 basis will benefit persons living in the watershed as

13 well as downstream users on the Rio Grande.

14 SEC. 3. MANAGEMENT PROGRAM.

15 (a) IN GENERAL.—The Secretary of the Interior, act16 ing through the Bureau of Land Management and in con17 sultation with the Rio Puerco Management Committee es18 tablished pursuant to section 4, shall—

19 (1) establish a clearinghouse for research and

20 information on management within the Rio Puerco

21 watershed, as described in the attached map, includ22 ing—

23 (A) current and historical natural resource

24 conditions;
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1 (B) data concerning the extent and causes

2 of watershed impairment; and

3 (C) implementation, monitoring, and eval4 uation of best management practices initiated

5 within the watershed; and

6 (2) provide support to the Rio Puerco Manage7 ment Committee to identify objectives, coordinate

8 implementation of best management practices, and

9 monitor results.

10 (b) RIO PUERCO MANAGEMENT PLAN.—Not later

11 than 2 years after the date of enactment of this Act, the

12 Secretary, in consultation with the Rio Puerco Manage13 ment Committee, shall prepare a plan for the restoration

14 of the Rio Puerco watershed. The plan shall—

15 (1) identify reasonable and appropriate goals

16 and objectives for landowners and managers in the

17 Rio Puerco watershed;

18 (2) describe potential alternative actions to

19 meet the goals and objectives, including proven best

20 management practices and costs associated with im21 plementing the actions;

22 (3) recommend voluntary implementation of ap23 propriate best management practices on both public

24 and private lands;
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1 (4) provide for cooperative development of man2 agement guidelines for maintaining and improving

3 the ecological, cultural, and economic conditions on

4 both public and private lands;

5 (5) provide for the development of public par6 ticipation and community outreach programs that

7 would include proposals for—

8 (A) cooperative efforts with private land9 owners to encourage implementation of best

10 management practices within the watershed;

11 and

12 (B) involving private citizens in restoring

13 the watershed;

14 (6) provide for the development of proposals for

15 voluntary cooperative programs among the Rio

16 Puerco Management Committee membership to im17 plement best management practices in a coordinated,

18 consistent, and cost-effective manner;

19 (7) provide for the encouragement and support

20 implementation of best management practices on

21 private lands; and

22 (8) provide for the development of proposals for

23 a monitoring system that—

24 (A) builds upon existing data available

25 from private, Federal, and State sources;
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1 (B) provides for the coordinated collection,

2 evaluation, and interpretation of additional data

3 as needed or collected; and

4 (C) will provide information to—

5 (i) assess existing resource and socio6 economic conditions;

7 (ii) identify priority implementation

8 actions; and

9 (iii) assess the effectiveness of actions

10 taken.

11 (c) ADDITIONAL ASSISTANCE.—If the Secretary of

12 the Interior determines that employment of additional per13 sonnel is necessary to carry out this Act, the Secretary

14 shall, where feasible, employ individuals who reside in the

15 vicinity of the Rio Puerco watershed restoration area.

16 SEC. 4. RIO PUERCO MANAGEMENT COMMITTEE.

17 (a) ESTABLISHMENT.—There is established the Rio

18 Puerco Management Committee (referred to in this sec19 tion as the ‘‘Committee’’).

20 (b) MEMBERSHIP.—The Committee shall be con21 vened by a representative of the Bureau of Land Manage22 ment, and shall include representatives from—

23 (1) the Rio Puerco Watershed Committee;

24 (2) affected tribes and pueblos;
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1 (3) the National Forest Service of the Depart2 ment of Agriculture;

3 (4) the Bureau of Reclamation;

4 (5) the Geological Survey;

5 (6) the Bureau of Indian Affairs;

6 (7) the Fish and Wildlife Service;

7 (8) the Army Corps of Engineers;

8 (9) the Soil and Conservation Service of the

9 Department of Agriculture;

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

11 New Mexico Environment Department and the State

12 Engineer;

13 (11) affected local Soil and Water Conservation

14 Districts;

15 (12) the Elephant Butte Irrigation District;

16 (13) private landowners; and

17 (14) other interested citizens.

18 (c) DUTIES.—The Rio Puerco Management Commit19 tee shall—

20 (1) advise the Secretary of the Interior, acting

21 through the Director of the Bureau of Land Man22 agement, on the development and implementation of

23 the Rio Puerco Management Program described in

24 section 3; and
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1 (2) serve as a forum for information about ac2 tivities that may affect or further the development

3 and implementation of the best management prac4 tices described in section 3.

5 SEC. 5. REPORT.

6 Two years after the date of enactment of this Act,

7 and biennially thereafter, the Secretary of the Interior, in

8 consultation with the Rio Puerco Management Committee,

9 shall transmit to the Committee on Energy and Natural

10 Resources of the Senate and to the Committee on Natural

11 Resources of the House of Representatives a report con12 taining—

13 (1) a summary of accomplishments as outlined

14 in section 3; and

15 (2) proposals for joint implementation efforts,

16 including funding recommendations.

17 SEC. 6. LOWER RIO GRANDE HABITAT STUDY.

18 (a) IN GENERAL.—The Secretary of the Interior, act19 ing through the Director of the Fish and Wildlife Service

20 shall, in cooperation with the States of New Mexico and

21 Texas, conduct a study of the Rio Grande from Caballo

22 Lake to the Gulf of Mexico. The study shall include—

23 (1) a survey of the current habitat conditions of

24 the river and its riparian environment;
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1 (2) identification of the changes in vegetation

2 and habitat over the past 400 years and the affect

3 of the changes on the river and riparian area; and

4 (3) an assessment of the feasibility, benefits,

5 and problems associated with activities to prevent

6 further habitat loss and restoration of habitat

7 through reintroduction or establishment of appro8 priate native plant species.

9 (b) TRANSMITTAL.—Not later than 1 year after the

10 date on which funds are made available to carry out this

11 Act, the Secretary shall transmit the study authorized by

12 this section to the Committee on Energy and Natural Re13 sources of the Senate and to the Committee on Natural

14 Resources of the House of Representatives.

15 SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

16 There are authorized to be appropriated such sums

17 as are necessary to carry out this Act, and to implement

18 the plan prepared pursuant to section 3(b).

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