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