0001| HOUSE AGRICULTURE AND WATER RESOURCES COMMITTEE SUBSTITUTE FOR
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0002| HOUSE BILL 603
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0003| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0004|
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0005|
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0006|
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0007|
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0008|
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0009|
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0010|
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0011| AN ACT
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0012| RELATING TO RIPARIAN AREAS; ENACTING THE RIPARIAN ENHANCEMENT
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0013| ACT; CREATING A TASK FORCE; PROVIDING POWERS AND DUTIES;
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0014| CREATING A FUND; MAKING AN APPROPRIATION.
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0015|
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0016| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0017| Section 1. SHORT TITLE.--This act may be cited as the
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0018| "Riparian Enhancement Act".
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0019| Section 2. DEFINITIONS.--As used in the Riparian
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0020| Enhancement Act:
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0021| A. "associated uplands" means those lands of a
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0022| watershed that are critical to the functioning and protection
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0023| of a riparian area;
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0024| B. "bureau" means the soil and water conservation
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0025| bureau of the forestry division of the energy, minerals and
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0001| natural resources department;
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0002| C. "districts" means the soil and water
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0003| conservation districts;
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0004| D. "enhancement" means improvement of watershed and
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0005| riparian area components and characteristics, with the goal of
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0006| augmenting the effectiveness of existing riparian area
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0007| ecological functions;
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0008| E. "native plants" means species of plants
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0009| indigenous to New Mexico;
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0010| F. "natural methods" means methods that are or
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0011| closely mimic natural processes;
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0012| G. "riparian area" means a zone of transition from
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0013| an aquatic ecosystem to a terrestrial ecosystem, dependent upon
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0014| surface or subsurface water, that reveals through the zone's
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0015| existing or potential soil and vegetation complex the influence
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0016| of such surface or subsurface water;
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0017| H. "task force" means the riparian enhancement task
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0018| force; and
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0019| I. "watershed" means the entire land area drained
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0020| by a stream or system of connected streams resulting in all
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0021| stream flow originating from the area being discharged through
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0022| a single outlet.
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0023| Section 3. TASK FORCE CREATED--MEMBERSHIP--TERMS--
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0024| REIMBURSEMENT--MEETINGS--STAFF.--
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0025| A. The "riparian enhancement task force" is
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0001| created. The task force shall approve grant applications for
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0002| watershed and riparian enhancement projects and shall advise
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0003| the commission and the bureau on issues related to riparian
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0004| restoration and enhancement. The task force shall consist of
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0005| eleven members as follows:
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0006| (1) the director of the department of game and
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0007| fish or his designee;
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0008| (2) the secretary of energy, minerals and
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0009| natural resources or his designee;
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0010| (3) the secretary of environment or his
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0011| designee;
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0012| (4) the director of the New Mexico department of
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0013| agriculture or his designee;
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0014| (5) the commissioner of public lands or his
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0015| designee; and
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0016| (6) six public members appointed by the soil and
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0017| water conservation commission as follows:
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0018| (a) a private landowner whose primary
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0019| source of income is from farming;
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0020| (b) a private landowner whose primary
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0021| source of income is ranching;
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0022| (c) a representative of an environmental
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0023| organization;
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0024| (d) a representative of the Indian tribes
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0025| and pueblos;
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0001| (e) a representative of urban or municipal
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0002| interests; and
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0003| (f) a representative of industry.
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0004| B. Public members shall be appointed for terms of four
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0005| years; provided that initial terms shall be chosen by lot so that
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0006| one member serves for a term of four years, two members serve for
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0007| terms of three years, one member serves for a term of two years
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0008| and two members serve for a term of one year. A vacancy on the
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0009| task force shall be filled by appointment by the commission for
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0010| the unexpired term. Members shall serve until their successors
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0011| have been appointed and qualified.
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0012| C. The task force shall elect a chairman and other
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0013| officers it deems necessary.
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0014| D. The public members may receive per diem and mileage
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0015| as provided in the Per Diem and Mileage Act, but shall receive no
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0016| other compensation, perquisite or allowance.
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0017| E. The task force shall meet as needed. Meetings may
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0018| be called by the chairman and shall be called upon the request of
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0019| three or more members.
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0020| F. Staff for the task force shall be provided by the
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0021| bureau.
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0022| Section 4. EXPERT ADVICE--AGENCY COOPERATION.--
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0023| A. The task force may seek the advice of the United
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0024| States bureau of land management, the United States forest
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0025| service, the natural resources conservation service of the United
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0001| States department of agriculture, the United States fish and
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0002| wildlife service, the cooperative extension service of New Mexico
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0003| state university, the state park and recreation division of the
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0004| energy, minerals and natural resources department, environmental
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0005| organizations and others it deems necessary to carry out its
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0006| duties pursuant to the Riparian Enhancement Act.
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0007| B. State agencies shall provide assistance as
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0008| requested to develop and implement watershed and riparian
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0009| enhancement projects.
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0010| Section 5. TECHNICAL COMMITTEES.--The task force may
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0011| establish technical committees as deemed necessary to aid and
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0012| advise the task force. The task force shall appoint the members
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0013| to a committee in a manner that will ensure broad representation
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0014| of public interests, Native American interests and scientific
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0015| viewpoints. The chairman of the task force shall serve as an ex-
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0016| officio member of each committee.
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0017| Section 6. TASK FORCE, BUREAU AND DISTRICTS--POWERS AND
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0018| DUTIES.--
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0019| A. The task force shall:
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0020| (1) approve grant applications for watershed and
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0021| riparian enhancement projects;
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0022| (2) adopt guidelines, criteria and standards for
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0023| watershed and riparian enhancement projects;
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0024| (3) make recommendations to the bureau, the
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0025| districts and the soil and water conservation commission on
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0001| matters related to watershed and riparian enhancement;
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0002| (4) encourage the use of volunteers in the
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0003| implementation of watershed and riparian enhancement projects;
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0004| (5) assign priority to projects it approves that
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0005| involve cooperative efforts and emphasize using natural methods
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0006| for watershed and riparian enhancement;
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0007| (6) identify and report gaps in research and
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0008| available information about watershed and riparian management;
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0009| (7) cooperate with appropriate federal entities
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0010| to identify the needs and interests of the state to ensure that
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0011| federal plans and project schedules relating to watershed and
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0012| riparian enhancement incorporate the state's priorities for
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0013| watershed and riparian enhancement to the fullest extent
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0014| practicable; and
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0015| (8) solicit and accept gifts, grants and
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0016| donations to carry out the provisions of the Riparian Enhancement
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0017| Act.
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0018| B. The bureau shall:
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0019| (1) oversee watershed and riparian enhancement
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0020| projects approved by the task force;
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0021| (2) provide technical advice and assistance to
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0022| watershed and riparian enhancement projects;
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0023| (3) request any expertise required for a project
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0024| from the appropriate state agency;
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0025| (4) provide educational and informational
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0001| materials to promote public awareness of issues involving
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0002| watershed and riparian health and management;
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0003| (5) make grants to implement approved projects;
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0004| and
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0005| (6) develop and maintain a centralized
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0006| repository for information about the effects of watershed and
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0007| riparian enhancement.
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0008| C. The districts shall:
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0009| (1) assist landowners in developing and
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0010| implementing watershed and riparian enhancement projects and
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0011| coordinate the activities of persons, agencies and political
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0012| subdivisions that are developing local projects;
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0013| (2) encourage the use of natural methods and
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0014| native plants to enhance riparian areas and associated uplands of
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0015| the state's watersheds; and
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0016| (3) assist the task force and bureau in carrying
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0017| out their duties.
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0018| Section 7. RIPARIAN ENHANCEMENT PROGRAM--CRITERIA FOR
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0019| APPROVAL OF PROJECTS.--
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0020| A. The task force, in conjunction with the districts
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0021| and the bureau, shall conduct a watershed and riparian enhancement
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0022| program. The program shall include providing education, research,
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0023| technical assistance and funding for watershed and riparian
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0024| enhancement projects.
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0025| B. Any person, organization, landowner, rancher,
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0001| farmer, state agency, political subdivision of the state, federal
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0002| agency or tribal government may submit an application for funding
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0003| for or a request for advice or assistance in developing a
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0004| watershed and riparian enhancement project.
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0005| C. The task force shall establish criteria for grant
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0006| applications and awards. Grant applications shall be submitted in
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0007| the form and manner prescribed by the task force. Requests for
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0008| advice or assistance and grant applications shall be submitted
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0009| through the districts or the bureau.
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0010| D. Within ninety days of a request, a district or the
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0011| bureau may provide the requested advice or assistance. The
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0012| districts shall review grant applications for projects within
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0013| their boundaries and forward eligible projects to the task force
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0014| within ninety days of receipt. The task force shall approve or
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0015| disapprove a grant application.
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0016| E. The task force shall approve grant applications for
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0017| those watershed and riparian enhancement projects that:
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0018| (1) are based on sound principles of watershed
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0019| and riparian management;
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0020| (2) use enhancement methods most adapted to the
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0021| project locale; and
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0022| (3) meet all federal, state or local regulatory
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0023| requirements, including state water plans promulgated by the state
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0024| engineer.
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0025| F. In addition to other requirements of the Riparian
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0001| Enhancement Act, the districts, the bureau or the task force shall
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0002| consider the following when approving projects seeking technical
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0003| assistance or funding:
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0004| (1) provisions satisfactory to the districts for
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0005| inspection and evaluation of the project that includes all
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0006| necessary agreements to allow the districts and any cooperating
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0007| agency providing staff services for the task force access to the
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0008| project area;
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0009| (2) provisions satisfactory to the task force
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0010| and the bureau for controlling the expenditure of and accounting
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0011| for any money granted for a project; and
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0012| (3) provisions for the continued maintenance of
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0013| restoration projects by the applicant for the time period
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0014| specified.
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0015| G. A watershed and riparian enhancement project may
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0016| use mechanical, biological, vegetative or structural methods,
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0017| including livestock grazing management systems; erosion control;
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0018| stream bank stabilization; forest, range or cropland treatment;
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0019| site-specific in-stream structures; and other methods approved by
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0020| the task force. Projects are not limited to land treatments, but
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0021| may include resource plans, outreach and educational materials,
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0022| workshops and symposiums that ultimately result in watershed and
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0023| riparian enhancement. Projects shall not include water rights
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0024| applications or water rights litigation or resolution issues.
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0025| H. The task force may approve funding for a project
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0001| for the restoration of a riparian area or associated upland that
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0002| is carried out in conjunction with a water storage structure. The
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0003| task force shall not approve funding for any project that consists
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0004| solely of a water storage structure.
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0005| Section 8. FUND--CREATED--ADMINISTRATION.--The "riparian
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0006| enhancement fund" is created in the state treasury. The fund
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0007| consists of appropriations, gifts, grants, donations and bequests.
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0008| Money in the fund shall not revert at the end of any fiscal year.
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0009| The fund shall be administered by the bureau, and money in the
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0010| fund is appropriated to the bureau to provide grants for watershed
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0011| and riparian enhancement projects approved by the task force.
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0012| Section 9. APPROPRIATION.--Six hundred fifty thousand
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0013| dollars ($650,000) is appropriated from the general fund to the
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0014| riparian enhancement fund for expenditure in fiscal year 1998 to
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0015| carry out the provisions of the Riparian Enhancement Act; provided
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0016| that no more than fifteen percent of the appropriation shall be
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0017| expended for administration and per diem and mileage expenses of
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0018| the task force. Any unexpended or unencumbered balance remaining
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0019| at the end of fiscal year 1998 shall not revert to the general
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0020| fund.
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0021|
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