46th legislature - STATE OF NEW MEXICO - first session, 2003

MAKING AN APPROPRIATION FOR A PILOT PROGRAM USING GOATS TO REMOVE SALT CEDAR AND NON-NATIVE PHREATOPHYTES, TO ENHANCE WATER SUPPLIES AND TO IMPROVE HABITAT FOR THE WILLOW FLYCATCHER AND THE SILVERY MINNOW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. APPROPRIATION.--

A. One million dollars ($1,000,000) is appropriated from the general fund to the board of regents of New Mexico state university for expenditure in fiscal year 2004 to improve water flow in the Rio Grande for endangered species habitation by supporting soil and water conservation districts' efforts to use goats in a pilot program to remove salt cedar and other non-native phreatophytes, to restore native vegetation, to improve habitat for the willow flycatcher and the silvery minnow and to enhance water supplies in cooperation with the middle Rio Grande conservancy district.

B. The appropriation in this section is contingent on soil and water conservation districts:

(1) using goats in a pilot program to control salt cedar and other non-native phreatophytes;

(2) developing management and native vegetation restoration plans;

(3) conducting hearings within the local conservation districts to receive public input on the plans;

(4) carrying out aerial spraying only by helicopter or ground application with prior public notice;

(5) monitoring and evaluating the effects of control on wildlife, water quality, vegetation and soil health; and

(6) if control affects threatened or endangered species, project managers taking action to ensure compliance with applicable federal law and conformance with any duly enacted recovery plan.

C. Any unexpended or unencumbered balance remaining at the end of fiscal year 2004 shall revert to the general fund.