[Senate Report 110-302]
[From the U.S. Government Publishing Office]
Calendar No. 654
110th Congress Report
SENATE
2d Session 110-302
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RIO PUERCO WATERSHED MANAGEMENT PROGRAM REAUTHORIZATION ACT
_______
April 10, 2008.--Ordered to be printed
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 1940]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 1940) to reauthorize the Rio Puerco
Watershed Management Program, and for other purposes, having
considered the same, reports favorably thereon with an
amendment and recommends that the bill, as amended, do pass.
The amendment is as follows:
Beginning on page 1, strike line 8 and all that follows
through page 2, line 9, and insert the following:
``(a) Rio Puerco Management Committee.--Section 401(b) of
the Omnibus Parks and Public Lands Management Act of 1996
(Public Law 104-333; 110 Stat. 4147) is amended--
``(1) in paragraph (2)--
``(A) by redesignating subparagraphs (I)
through (N) as subparagraphs (J) through (O),
respectively; and
``(B) by inserting after subparagraph (H) the
following:
`(I) the Environmental Protection
Agency;'; and
``(2) in paragraph (4), by striking
``enactment of this act'' and inserting
``enactment of the Rio Puerco Watershed
Management Program Reauthorization Act.''.
Purpose
The purpose of S. 1940 is to reauthorize the Rio Puerco
Watershed Management Program in New Mexico for an additional
ten year period, and to add the Environmental Protection Agency
as a member of the Rio Puerco Management Committee.
Background and Need
The Rio Puerco is the largest tributary to the Middle Rio
Grande Basin. Its headwaters originate in Sandoval County, New
Mexico, and the watershed encompasses approximately 4.7 million
acres that flow into the Rio Grande. The Rio Puerco Basin
includes nine sub-watersheds, draining portions of seven
counties, west of the greater Rio Grande Basin in the northwest
and west-central portions of the State. The geology of the area
includes soft sedimentary strata, intruded and capped by
younger volcanic rocks.
The Rio Puerco watershed is the primary source of
undesirable fine sediment that is annually delivered to the Rio
Grande system. According to the U.S. Geological Survey, the Rio
Puerco transports one of the world's highest average annual
sediment concentrations. The Corps of Engineers has noted that
soil erosion within the watershed surpasses that of any other
watershed in the country. The Rio Puerco is listed as a
Category 1 watershed (in need of restoration) in New Mexico's
Unified Watershed Assessment. Several reaches of the Rio Puerco
and its tributaries are listed as impaired by the New Mexico
Environment Department.
To help address this problem, Congress enacted legislation
in 1996. Section 401 of Public Law 104-333 directed the Bureau
of Land Management, working with a committee of Federal and
State agencies, to establish a clearinghouse for research and
information on management within the area, to establish an
inventory of best management practices and related monitoring
activities, and through the committee (referred to in the
legislation as the Rio Puerco Basin Management Committee), to
identify objectives, monitor results of ongoing projects, and
develop alternative watershed management plans for the Rio
Puerco Drainage Basin, based on best management practices.
The program was authorized to receive up to $7.5 million in
appropriations over a ten year period. That initial
authorization expired in November, 2006. S. 1940 extends that
authorization for an additional ten year period, at the same
funding level.
Legislative History
S. 1940 was introduced by Senators Bingaman and Domenici on
August 2, 2007. The Subcommittee on Public Lands and Forests
held a hearing on the bill on September 20, 2007. (S. Hrg. 110-
216.)
At its business meeting on January 30, 2008, the Committee
on Energy and Natural Resources ordered S. 1940 favorably
reported with an amendment.
Committee Recommendation
The Committee on Energy and Natural Resources, in open
business session on January 30, 2008, by a voice vote of a
quorum present, recommends that the Senate pass S. 1940, if
amended as described herein.
Committee Amendment
During its consideration of S. 1940, the Committee adopted
an amendment which clarified that the termination date of the
Rio Puerco Management Committee was extended for an additional
10 years from the date of enactment of this Act, consistent
with the extension of the authorization of appropriations. The
amendment also made other clarifying and conforming changes.
Section-by-Section Analysis
Section 1 entitles the bill the ``Rio Puerco Watershed
Management Program Reauthorization Act.''
Section 2(a) amends section 401(b) of Public Law 104-333
(110 Stat. 4147) to add the Environmental Protection Agency as
a member of the Rio Puerco Management Committee, and make other
conforming changes. The subsection also extends the termination
date for the Management Committee for an additional 10 years
after the date of enactment of this Act.
Subsection (b) extends the authorization for Rio Puerco
Management activities for an additional 10 years after the date
of enactment of this Act.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 1940--Rio Puerco Watershed Management Program Reauthorization Act
Summary: S. 1940 would reauthorize the Rio Puerco
Management Committee (RPMC) for 10 years. The RPMC is a
collaborative watershed organization. Through it, the Bureau of
Land Management collaborates with state, local, and tribal
governments to protect the long-term sustainability of the Rio
Puerco watershed in New Mexico. The bill also would make the
Environmental Protection Agency (EPA) a member of the RPMC.
CBO estimates that implementing S. 1940 would cost $3
million over the 2008-2013 period, assuming appropriation of
the necessary amounts. Enacting the bill would not affect
direct spending or revenues.
S. 1940 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 1940 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------
2008 2009 2010 2011 2012 2013
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level................................... * * * 1 1 1
Estimated Outlays............................................... * * * 1 1 1
----------------------------------------------------------------------------------------------------------------
Note: * = less than $500,000.
Basis of estimate: The Rio Puerco watershed is
environmentally impaired and contributes large amounts of
sediment to a portion of the Rio Grande River in New Mexico.
The RPMC, comprising various federal, state, local, and tribal
stakeholders, works to protect the sustainability of that
watershed. The authority of the RPMC expired in November 2006,
although collaborative work within the watershed area
continues.
Traditionally, the majority of the funding for the work of
the RPMC has come from grants provided by EP A (that would not
be affected by this legislation) and the New Mexico Environment
Department. BLM estimates that it has spent about $1 million
for RPMC activities over the 1997-2006 period. Based on
information from BLM, CBO estimates that reauthorizing the RPMC
would cost $3 million over the 2008-2013 period to help control
erosion in the watershed and reduce sediment in the river,
assuming appropriation of those amounts.
Intergovernmental and private-sector impact: S. 1940
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments.
Estimate prepared by: Federal Costs: Tyler Kruzich; Impact
on State, Local, and Tribal Governments: Burke Doherty; Impact
on the Private-Sector: Amy Petz.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 1940. The bill is not a regulatory measure in
the sense of imposing Government-established standards or
significant economic responsibilities on private individuals
and businesses.
No personal information would be collected in
administering the program. Therefore, there would be no impact
on personal privacy.
Little, if any, additional paperwork would result from the
enactment of S. 1940, as ordered reported.
Congressionally Directed Spending
In accordance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides the
following identification of congressionally directed spending
items contained in the bill, as reported:
Section: 2(b); Provision: Authorization of appropriations;
Member: Sen. Bingaman.
Executive Communications
The testimony provided by the Bureau of Land Management at
the September 20, 2007 subcommittee hearing on S. 1940 follows:
Statement of Michael Nedd, Assistant Director, Mineral, Realty &
Resource Protection, Bureau of Land Management
Thank you for the opportunity to testify on S. 1940, the
Rio Puerco Watershed Management Program Reauthorization Act.
The legislation provides a 10-year reauthorization for the Rio
Puerco Management Committee (RPMC), a collaborative watershed
organization established by Section 401 of the Omnibus Parks
and Public Lands Management Act of 1996 (P.L. 104-333). Through
the collaborative processes of the RPMC, the BLM has partnered
with Federal, state, and Tribal governments, private
individuals, and environmental organizations, to improve
management practices and protect the long-term sustainability
of the watershed. The legislation also adds the Environmental
Protection Agency (EPA) as a member of the RPMC, formalizing
the cooperative role it has played in these efforts. The BLM
strongly supports enactment of S. 1940.
The Rio Puerco Watershed, located in west-central New
Mexico, contributes less than 10 percent of the water, but
nearly 70 percent of the silt, to the Rio Grande north of the
Elephant Butte Reservoir. According to the Corps of Engineers,
soil erosion within the basin surpasses that of any other
watershed in the country. The New Mexico Environment Department
has classified the Rio Puerco as a Category I impaired
watershed, primarily because of the high levels of
sedimentation.
rpmc accomplishments
The RPMC has effectively built on initiatives begun by a
locally led public-private stakeholders group based in Cuba,
New Mexico. The RPMC is a collaborative watershed organization
consisting of state, Federal, and Tribal entities, soil and
water conservation districts, representatives of county
government, residents from the rural communities within the
watershed, environmental and conservation groups and the
public. It is a consensus group charged with compiling data and
developing best management practices to reduce erosion,
increase native vegetation, and improve riparian habitat while
supporting the watershed's rural, agrarian, and cultural
traditions.
The RPMC and its partners received grants and awards, in
part based on the diversity of entities participating and on
its track record in showcasing how the watershed approach can
yield measurable success. The EPA Administrator identified the
RPMC as one of the winners of the 2003 Watershed Initiative
grants, with an award of $700,000. The Rio Puerco Alliance, a
501(c)(3) non-profit organization formed in 2006, received a
grant of $840,000 in August 2007 for the Targeted Watershed
Restoration Initiative in Torreon Wash. Projects on which the
RPMC have worked collaboratively have received 319 grants from
the New Mexico Environment Department and the EPA's Watershed
Initiative Program.
Among its accomplishments, the RPMC has:
launched a community involvement initiative
that started with listening sessions held in local
communities and developed into a series of training and
demonstration workshops on conservation practices;
developed a Watershed Restoration Action
Strategy, to address specific water quality problems.
In cooperation with the New Mexico State Highway and
Transportation Department, the RPMC is redirecting the Rio
Puerco from an unstable artificial 1.1 mile channel to its
natural 2.2 miles of meandering channel. This project is funded
through a New Mexico Environment Department Clean Water Act
grant and through assistance from Sandoval County and the New
Mexico Highway and Transportation Department. This project will
reduce approximately 21 tons of sediment that have been lost
annually since the river was diverted.
Through another New Mexico Environment Department Clean
Water Act grant, the RPMC worked with private landowners in two
degraded tributaries to the Rio Puerco to create a showcase
water quality improvement project through erosion control,
livestock grazing management, and control of undesirable
vegetation.
The 1996 Act that created the RPMC authorized $7.5 million
over 10 years. The authority expired on November 12, 2006.
Prior to its expiration, the RPMC used this funding to leverage
grants for resource protection and has accepted in-kind
contributions for on-the-ground project work.
navajo youth projects
In 2007, the BLM, the Navajo Water Resources Department
and the State of New Mexico provided funding for on-the-ground
Navajo Youth Projects in six Chapters of the Eastern Navajo
Agency. Through this collaborative effort, six youth Projects
have hired about 100 Navajo youth to construct erosion control
structures on Tribal, BLM, and state lands within grazing
allotments held by the Navajo Nation. The program also included
environmental education training on the concepts of watershed
management. Several leaders of the Navajo Nation have expressed
their conviction that Navajo youth need this important tie back
to the land.
Thank you again for the opportunity to testify on S. 1940.
The collaborative nature of the Rio Puerco Management Committee
has resulted in successful implementation of activities to
restore and protect the watershed, and the BLM looks forward to
continuing this important work. I would be glad to answer your
questions.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 1940 as ordered reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no change is proposed is shown in roman):
Public Law 104-333
(Approved November 12, 1996; 110 Stat. 4093)
AN ACT To provide for the administration of certain Presidio properties
at minimal cost to the Federal taxpayer, and for other purposes.
Be it enacted by the Senate and House of Representatives
of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
This Act may be cited as the ``Omnibus Parks and Public
Lands Management Act of 1996''
* * * * * * *
TITLE IV--RIVERS AND TRAILS
SEC. 401. RIO PUERCO WATERSHED.
(a) Management Program.--
* * * * * * *
(b) Rio Puerco Management Committee.--
(1) Establishment.--There is established the Rio
Puerco Management Committee (referred to in this
section as the ``Committee'').
(2) Membership.--The Committee shall be convened by a
representative of the Bureau of Land Management and
shall include representatives from--
(A) the Rio Puerco Watershed Committee;
(B) affected tribes and pueblos;
(C) the National Forest Service of the
Department of Agriculture;
(D) the Bureau of Reclamation;
(E) the United States Geological Survey;
(F) the Bureau of Indian Affairs;
(G) the United States Fish and Wildlife
Service;
(H) the Army Corps of Engineers;
(I) the Environmental Protection Agency;
[(I)] (J) the Natural Resources Conservation
Service of the Department of Agriculture;
[(J)] (K) the State of New Mexico, including
the New Mexico Environment Department of the
State Engineer;
[(K)] (L) affected local soil and water
conservation districts;
[(L)] (M) the Elephant Butte Irrigation
District;
[(M)] (N) private landowners; and
[(N)] (O) other interested citizens.
(3) Duties.--The Rio Puerco Management Committee
shall--
(A) advise the Secretary of the Interior,
acting through the Director of the Bureau of
Land Management, on the development and
implementation of the Rio Puerco Management
Program described in subsection (a); and
(B) serve as a forum for information about
activities that may affect or further the
development and implementation of the best
management practices described in subsection
(a).
(4) Termination.--The Committee shall terminate on
the date that is 10 years after the date of [enactment
of this Act] enactment of the Rio Puerco Watershed
Management Program Reauthorization Act.
* * * * * * *
(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section a total of
$7,500,000 for the 10 fiscal years beginning after the date of
[enactment of this Act] enactment of the Rio Puerco Watershed
Management Program Reauthorization Act.