I

103D CONGRESS

2D SESSION S. 1919

IN THE HOUSE OF REPRESENTATIVES

AUGUST 3, 1994

Referred to the Committees on Natural Resources and Merchant Marine and

Fisheries

AN ACT

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 is best achieved

6 through cooperation among affected Federal, State,

7 local, and tribal entities;

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

9 the Director of the Bureau of Land Management, in

10 consultation with the entities listed in paragraph

11 (8), and in cooperation with the Rio Puerco Water12 shed Committee, is best suited to coordinate man13 agement efforts in the Rio Puerco watershed; and

14 (10) accelerating the pace of improvement in

15 Rio Puerco watershed on a coordinated, cooperative

16 basis will benefit persons living in the watershed as

17 well as downstream users on the Rio Grande.

18 SEC. 3. MANAGEMENT PROGRAM.

19 (a) IN GENERAL.—The Secretary of the Interior, act20 ing through the Bureau of Land Management and in con21 sultation with the Rio Puerco Management Committee es22 tablished pursuant to section 4, shall—

23 (1) establish a clearinghouse for research and

24 information on management within the area identi25 fied as the Rio Puerco Drainage Basin as depicted
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1 on the map entitled ‘‘The Rio Puerco Watershed’’

2 dated June 1994, as described in the attached map,

3 including—

4 (A) current and historical natural resource

5 conditions; and

6 (B) data concerning the extent and causes

7 of watershed impairment;

8 (2) establish an inventory of best management

9 practices and related monitoring activities that have

10 been or may be implemented within the area identi11 fied as the Rio Puerco Watershed Project as de12 picted on the map entitled ‘‘The Rio Puerco Water13 shed’’ dated June 1994; and

14 (3) provide support to the Rio Puerco Manage15 ment Committee to identify objectives, monitor re16 sults of ongoing projects, and develop alternative wa17 tershed management plans for the Rio Puerco

18 Drainage Basin, based on best management prac19 tices.

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

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

22 Secretary, in consultation with the Rio Puerco Manage23 ment Committee, shall prepare a report of appropriate al24 ternatives for the improvement of watershed conditions in

25 the Rio Puerco Drainage Basin. The alternatives shall—
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1 (1) identify reasonable and appropriate goals

2 and objectives for landowners and managers in the

3 Rio Puerco watershed;

4 (2) describe potential alternative actions to

5 meet the goals and objectives, including proven best

6 management practices and costs associated with im7 plementing the actions;

8 (3) recommend voluntary implementation of ap9 propriate best management practices on both public

10 and private lands;

11 (4) provide for cooperative development of man12 agement guidelines for maintaining and improving

13 the ecological, cultural, and economic conditions on

14 both public and private lands;

15 (5) provide for the development of public par16 ticipation and community outreach programs that

17 would include proposals for—

18 (A) cooperative efforts with private land19 owners to encourage implementation of best

20 management practices within the watershed;

21 and

22 (B) involving private citizens in restoring

23 the watershed;

24 (6) provide for the development of proposals for

25 voluntary cooperative programs among the Rio
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1 Puerco Management Committee membership to im2 plement best management practices in a coordinated,

3 consistent, and cost-effective manner;

4 (7) provide for the encouragement and support

5 implementation of best management practices on

6 private lands; and

7 (8) provide for the development of proposals for

8 a monitoring system that—

9 (A) builds upon existing data available

10 from private, Federal, and State sources;

11 (B) provides for the coordinated collection,

12 evaluation, and interpretation of additional data

13 as needed or collected; and

14 (C) will provide information to—

15 (i) assess existing resource and socio16 economic conditions;

17 (ii) identify priority implementation

18 actions; and

19 (iii) assess the effectiveness of actions

20 taken.

21 SEC. 4. RIO PUERCO MANAGEMENT COMMITTEE.

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

23 Puerco Management Committee (referred to in this sec24 tion as the ‘‘Committee’’).
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1 (b) MEMBERSHIP.—The Committee shall be con2 vened by a representative of the Bureau of Land Manage3 ment, and shall include representatives from—

4 (1) the Rio Puerco Watershed Committee;

5 (2) affected tribes and pueblos;

6 (3) the National Forest Service of the Depart7 ment of Agriculture;

8 (4) the Bureau of Reclamation;

9 (5) the Geological Survey;

10 (6) the Bureau of Indian Affairs;

11 (7) the Fish and Wildlife Service;

12 (8) the Army Corps of Engineers;

13 (9) the Soil Conservation Service of the Depart14 ment of Agriculture;

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

16 New Mexico Environment Department and the State

17 Engineer;

18 (11) affected local Soil and Water Conservation

19 Districts;

20 (12) the Elephant Butte Irrigation District;

21 (13) private landowners; and

22 (14) other interested citizens.

23 (c) DUTIES.—The Rio Puerco Management Commit24 tee shall—
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1 (1) advise the Secretary of the Interior, acting

2 through the Director of the Bureau of Land Man3 agement, on the development and implementation of

4 the Rio Puerco Management Program described in

5 section 3; and

6 (2) serve as a forum for information about ac7 tivities that may affect or further the development

8 and implementation of the best management prac9 tices described in section 3.

10 SEC. 5. REPORT.

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

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

13 consultation with the Rio Puerco Management Committee,

14 shall transmit to the Committee on Energy and Natural

15 Resources of the Senate and to the Committee on Natural

16 Resources of the House of Representatives a report con17 taining—

18 (1) a summary of accomplishments as outlined

19 in section 3; and

20 (2) proposals for joint implementation efforts,

21 including funding recommendations.

22 SEC. 6. LOWER RIO GRANDE HABITAT STUDY.

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

24 shall, in cooperation with the State of New Mexico, con-
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1 duct a study of the Rio Grande from Caballo Lake to

2 Sunland 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 effect

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

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

9 and problems associated with activities to prevent

10 further habitat loss and restoration of habitat

11 through reintroduction or establishment of appro12 priate native plant species.

13 (b) TRANSMITTAL.—Not later than 3 years after the

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

15 Act, the Secretary shall transmit the study authorized by

16 this section to the Committee on Energy and Natural Re17 sources of the Senate and to the Committee on Natural

18 Resources of the House of Representatives.

19 SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

20 There are authorized to be appropriated such sums

21 as are necessary to carry out this Act.

Passed the Senate August 2 (legislative day, July

20), 1994.

Attest: MARTHA S. POPE,

Secretary.