Calendar No. 512

103D CONGRESS

2D SESSION S. 1919

[Report No. 103–306]

A BILL

To improve water quality within the Rio Puerco waconditions in the region. geological, cultural, sociological, and economic practices which are consistent with the ecological, fication and implementation of best management of the Rio Grande through the cooperative identi- tershed and to help restore the ecological health

JULY 7, 1994

Reported with amendments
II

Calendar No. 512

103D CONGRESS

2D SESSION S. 1919

[Report No. 103–306]

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

JULY 7, 1994

Reported, under authority of the order of the Senate of June 27 (legislative

day, June 7), 1994, by Mr. JOHNSTON, with amendments

[Omit the part struck through and insert the part printed in italic]

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.
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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’’.

6 SEC. 2. FINDINGS.

7 The Congress finds that—

8 (1) over time, extensive ecological changes have

9 occurred in the Rio Puerco watershed, including—

10 (A) erosion of agricultural and range

11 lands;

12 (B) impairment of waters due to heavy

13 sedimentation;

14 (C) reduced productivity of renewable re15 sources;

16 (D) loss of biological diversity;

17 (E) loss of functioning riparian areas; and

18 (F) loss of available surface water;

19 (2) damage to the watershed has seriously af20 fected the economic and cultural well-being of its in21 habitants, including—

22 (A) loss of existing communities that were

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

24 (B) adverse effects on the traditions, cus25 toms, and cultures of the affected communities;
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1 (3) a healthy and sustainable ecosystem is es2 sential to the long-term economic and cultural viabil3 ity of the region;

4 (4) the impairment of the Rio Puerco watershed

5 has damaged the ecological and economic well-being

6 of the area below the junction of the Rio Puerco

7 with the Rio Grande including—

8 (A) disruption of ecological processes;

9 (B) water quality impairment;

10 (C) significant reduction in the water stor11 age capacity and life expectancy of the Ele12 phant Butte Dam and Reservoir system due to

13 sedimentation;

14 (D) chronic problems of irrigation system

15 channel maintenance; and

16 (E) increased risk of flooding caused by

17 sediment accumulation;

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

19 Rio Grande and the coordinated implementation of

20 ecosystem-based best management practices for the

21 Rio Puerco system could benefit the larger Rio

22 Grande system;

23 (6) the Rio Puerco watershed has been stressed

24 from the loss of native vegetation, introduction of

25 exotic species, and alteration of riparian habitat
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1 which have disrupted the original dynamics of the

2 river and disrupted natural ecological processes;

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

4 private, Federal, tribal trust, and State land owner5 ship with diverse, sometimes differing management

6 objectives;

7 (8) development, implementation, and monitor8 ing of an effective watershed management program

9 for the Rio Puerco watershed requires cooperation

10 among—

11 (A) the Bureau of Land Management;

12 (B) the Rio Puerco Watershed Committee;

13 (C) the National Forest Service;

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

15 and Laguna;

16 (E) the Eastern and Canoncito Bands of

17 the Navajo Nation;

18 (F) the Jicarilla Apache Tribe;

19 (G) the Bureau of Reclamation;

20 (H) the Geological Survey;

21 (I) the Bureau of Indian Affairs;

22 (J) the Fish and Wildlife Service;

23 (K) the Soil and Conservation Service;

24 (L) the Army Corps of Engineers;

25 (M) the National Park Service;
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1 (N) the State of New Mexico;

2 (O) private landowners;

3 (P) local and regional governmental enti4 ties;

5 (Q) other interested citizens; and

6 (R) affected local soil and water conserva7 tion districts;

8 (8) development, implementation, and monitor9 ing of an effective watershed management program

10 for the Rio Puerco watershed is best achieved through

11 cooperation among affected Federal, State, local, and

12 tribal entities;

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

14 the Director of the Bureau of Land Management, in

15 consultation with the entities listed in paragraph (7)

16 (8), and in cooperation with the Rio Puerco Water17 shed Committee, is best suited to coordinate manage18 ment efforts in the Rio Puerco watershed; and

19 (10) accelerating the pace of improvement in

20 Rio Puerco watershed on a coordinated, cooperative

21 basis will benefit persons living in the watershed as

22 well as downstream users on the Rio Grande.

23 SEC. 3. MANAGEMENT PROGRAM.

24 (a) IN GENERAL.—The Secretary of the Interior, act25 ing through the Bureau of Land Management and in con-
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1 sultation with the Rio Puerco Management Committee es2 tablished pursuant to section 4, shall—

3 (1) establish a clearinghouse for research and

4 information on management within the Rio Puerco

5 watershed, the area identified as the Rio Puerco

6 Drainage Basin as depicted on the map entitled ‘‘The

7 Rio Puerco Watershed’’ dated June 1994, as de8 scribed in the attached map, including—

9 (A) current and historical natural resource

10 conditions; and

11 (B) data concerning the extent and causes

12 of watershed impairment; and

13 (C) implementation, monitoring, and eval14 uation of best management practices initiated

15 within the watershed; and

16 (2) provide support to the Rio Puerco Manage17 ment Committee to identify objectives, coordinate

18 implementation of best management practices, and

19 monitor results.

20 (2) establish an inventory of best management

21 practices and related monitoring activities that have

22 been or may be implemented within the area identi23 fied as the Rio Puerco Watershed Project as depicted

24 on the map entitled ‘‘The Rio Puerco Watershed’’

25 dated June 1994; and
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1 (3) provide support to the Rio Puerco Manage2 ment Committee to identify objectives, monitor results

3 of ongoing projects, and develop alternative watershed

4 management plans for the Rio Puerco Drainage

5 Basin, based on best management practices.

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

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

8 Secretary, in consultation with the Rio Puerco Manage9 ment Committee, shall prepare a plan for the restoration

10 of the Rio Puerco watershed. The plan shall—shall pre11 pare a report of appropriate alternatives for the improve12 ment of watershed conditions in the Rio Puerco Drainage

13 Basin. The alternatives shall—

14 (1) identify reasonable and appropriate goals

15 and objectives for landowners and managers in the

16 Rio Puerco watershed;

17 (2) describe potential alternative actions to

18 meet the goals and objectives, including proven best

19 management practices and costs associated with im20 plementing the actions;

21 (3) recommend voluntary implementation of ap22 propriate best management practices on both public

23 and private lands;

24 (4) provide for cooperative development of man25 agement guidelines for maintaining and improving
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1 the ecological, cultural, and economic conditions on

2 both public and private lands;

3 (5) provide for the development of public par4 ticipation and community outreach programs that

5 would include proposals for—

6 (A) cooperative efforts with private land7 owners to encourage implementation of best

8 management practices within the watershed;

9 and

10 (B) involving private citizens in restoring

11 the watershed;

12 (6) provide for the development of proposals for

13 voluntary cooperative programs among the Rio

14 Puerco Management Committee membership to im15 plement best management practices in a coordinated,

16 consistent, and cost-effective manner;

17 (7) provide for the encouragement and support

18 implementation of best management practices on

19 private lands; and

20 (8) provide for the development of proposals for

21 a monitoring system that—

22 (A) builds upon existing data available

23 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

12 containing—

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 (a) IN GENERAL.—The Secretary of the Interior shall,

24 in cooperation with the State of New Mexico, conduct a
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1 study of the Rio Grande from Caballo Lake to Sunland

2 Park, New Mexico. The study shall include—

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

4 the river and its riparian environment;

5 (2) identification of the changes in vegetation

6 and habitat over the past 400 years and the affect

7 effect of the changes on the river and riparian area;

8 and

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

10 and problems associated with activities to prevent

11 further habitat loss and restoration of habitat

12 through reintroduction or establishment of appro13 priate native plant species.

14 (b) TRANSMITTAL.—Not later than 1 year 3 years

15 after the date on which funds are made available to carry

16 out this Act, the Secretary shall transmit the study au17 thorized by this section to the Committee on Energy and

18 Natural Resources of the Senate and to the Committee

19 on Natural Resources of the House of Representatives.

20 SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

21 There are authorized to be appropriated such sums

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

23 the plan prepared pursuant to section 3(b). this Act.