II 

110TH CONGRESS 

1ST SESSION S. 728 

To authorize the Secretary of the Army to carry out restoration projects 

along the Middle Rio Grande. 

IN THE SENATE OF THE UNITED STATES 

MARCH 1, 2007 

Mr. DOMENICI 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 to carry out 

restoration projects along the Middle Rio Grande. 

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

3 SECTION 1. FINDINGS. 

4 Congress finds that— 

5 (1) the Middle Rio Grande bosque is— 

6 (A) a unique riparian forest along the Mid7 dle Rio Grande in New Mexico; 

8 (B) the largest continuous cottonwood for9 est in the Southwest; 


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1 (C) one of the oldest continuously inhab2 ited areas in the United States; 

3 (D) home to portions of 6 pueblos; and 

4 (E) a critical flyway and wintering ground 

5 for migratory birds; 

6 (2) the portion of the Middle Rio Grande adja7 cent to the Middle Rio Grande bosque provides 

8 water to many people in the State of New Mexico; 

9 (3) the Middle Rio Grande bosque should be 

10 maintained in a manner that protects endangered 

11 species and the flow of the Middle Rio Grande while 

12 making the Middle Rio Grande bosque more acces13 sible to the public; 

14 (4) environmental restoration is an important 

15 part of the mission of the Corps of Engineers; and 

16 (5) the Corps of Engineers should reestablish, 

17 where feasible, the hydrologic connection between 

18 the Middle Rio Grande and the Middle Rio Grande 

19 bosque to ensure the permanent healthy growth of 

20 vegetation native to the Middle Rio Grande bosque. 

21 SEC. 2. DEFINITIONS. 

22 In this Act: 

23 (1) MIDDLE RIO GRANDE.—The term ‘‘Middle 

24 Rio Grande’’ means the portion of the Rio Grande 


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1 from Cochiti Dam to the headwaters of Elephant 

2 Butte Reservoir, in the State of New Mexico. 

3 (2) RESTORATION PROJECT.—The term ‘‘res4 toration project’’ means a project carried out under 

5 this Act that will produce, consistent with other 

6 Federal programs, projects, and activities, imme7 diate and substantial ecosystem restoration, preser8 vation, recreation, and protection benefits. 

9 (3) SECRETARY.—The term ‘‘Secretary’’ means 

10 the Secretary of the Army. 

11 SEC. 3. MIDDLE RIO GRANDE RESTORATION. 

12 (a) RESTORATION PROJECTS.—The Secretary shall 

13 carry out restoration projects along the Middle Rio 

14 Grande. 

15 (b) PROJECT SELECTION.— 

16 (1) IN GENERAL.—The Secretary may select 

17 restoration projects in the Middle Rio Grande based 

18 on feasibility studies. 

19 (2) USE OF EXISTING STUDIES AND PLANS.— 

20 In carrying out subsection (a), the Secretary shall 

21 use, to the maximum extent practicable, studies and 

22 plans in existence on the date of enactment of this 

23 Act to identify the needs and priorities for restora24 tion projects. 


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1 (c) LOCAL PARTICIPATION.—In carrying out this 

2 Act, the Secretary shall consult with— 

3 (1) the Middle Rio Grande Endangered Species 

4 Act Collaborative Program; and 

5 (2) the Bosque Improvement Group of the Mid6 dle Rio Grande Bosque Initiative. 

7 (d) COST SHARING.— 

8 (1) COST-SHARING AGREEMENT.—Before car9 rying out any restoration project under this Act, the 

10 Secretary shall enter into an agreement with the 

11 non-Federal interests that shall require the non-Fed12 eral interests— 

13 (A) to pay 25 percent of the total costs of 

14 the restoration project through in-kind services 

15 or direct cash contributions, including the cost 

16 of providing necessary land, easements, rights17 of-way, relocations, and disposal sites; 

18 (B) to pay 100 percent of the operation, 

19 maintenance, repair, replacement, and rehabili20 tation costs associated with the restoration 

21 project that are incurred after the date of en22 actment of this Act; and 

23 (C) to hold the United States harmless for 

24 any claim or damage that may arise from the 


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1 negligence of the Federal Government or a con2 tractor of the Federal Government. 

3 (2) NON-FEDERAL INTERESTS.—Notwith4 standing section 221 of the Flood Control Act of 

5 1970 (42 U.S.C. 1962d–5b), a non-Federal interest 

6 carrying out a restoration project under this Act 

7 may include a nonprofit entity. 

8 (3) RECREATIONAL FEATURES.— 

9 (A) IN GENERAL.—Any recreational fea10 tures included as part of a restoration project 

11 shall comprise not more that 30 percent of the 

12 total project cost. 

13 (B) NON-FEDERAL FUNDING.—The full 

14 cost of any recreational features included as 

15 part of a restoration project in excess of the 

16 amount described in subparagraph (A) shall be 

17 paid by the non-Federal interests. 

18 (4) CREDIT.—The non-Federal interests shall 

19 receive credit toward the non-Federal share of the 

20 cost of design or construction activities carried out 

21 by the non-Federal interests (including activities car22 ried out before the execution of the cooperation 

23 agreement for a restoration project) if the Secretary 

24 determines that the work performed by the non-Fed25 eral interest is integral to the project. 


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1 SEC. 4. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated to carry out 

3 this Act— 

4 (1) $10,000,000 for fiscal year 2007; and 

5 (2) such sums as are necessary for each of fis6 cal years 2008 through 2016. 

Æ 


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