[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4677 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 4677
To direct restoration and protection of the New York-New Jersey
watersheds and estuaries hydrologically connected to New York-New
Jersey Harbor, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 22, 2021
Mr. Tonko introduced the following bill; which was referred to the
Committee on Natural Resources
_______________________________________________________________________
A BILL
To direct restoration and protection of the New York-New Jersey
watersheds and estuaries hydrologically connected to New York-New
Jersey Harbor, 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.
This Act may be cited as the ``New York-New Jersey Watershed
Protection Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) The New York-New Jersey Watershed, which encompasses
all the watersheds that flow into New York-New Jersey Harbor
and their associated estuaries, such as the Hudson, Mohawk,
Raritan, Passaic, Hackensack, and Bronx River Watersheds and
the Hudson River Estuary, provide multiple benefits to diverse
stakeholders including regarding fisheries and wildlife,
conservation of natural resources and public and private lands,
critical urban greenspaces and quality of life, and
conservation of ocean and coastal resources.
(2) These resources support one of the most densely
populated and economically important regions in the country.
(3) Managing this public resource and its many services
requires leadership from the Department of the Interior and
coordination among other Federal agencies, two States, hundreds
of counties, cities and towns, and millions of property owners.
(4) These ongoing challenges are compounded by the likely
impacts of rising air and water temperatures, increases in
incidences of extreme weather from large storms to rainfall,
and rising sea levels.
(5) The New York-New Jersey Harbor contributes
$8,500,000,000 annually in Federal, State, and local tax
revenue and is directly or indirectly responsible for 629,000
jobs with $90,500,000,000 in annual personal and business
wages.
(6) The New York-New Jersey Watershed supports multiple
industries that attract over $60,700,000,000 in annual revenue
through tourism, commercial fishing, and recreational
activities.
(7) The Mohawk River's water resources play an important
role in tourism, shipping, and related businesses, with tourism
alone valued at more than $1,340,000,000 annually.
(8) Management of the shorelines of the New York-New Jersey
Watershed is critical to flood mitigation and habitat for fish
and wildlife. Further, following the loss of life and billions
of dollars of damages caused by Hurricanes Sandy, Irene and
Lee, Federal, State, and local governments recognize that
natural and nature-based flood hazard mitigation measures,
including living shorelines and restoring the function of
riparian corridors, are cost-effective solutions.
(9) Restoration activities in the New York-New Jersey
Watershed are supported through several Federal and State
programs, and funding for those important programs should
continue and complement the establishment of the New York-New
Jersey Watershed Restoration Program, which is intended to
build on and help coordinate restoration and protection funding
mechanisms at the Federal, State, regional, and local levels.
(10) Millions of people rely on the Mohawk, Raritan, and
Hackensack Rivers as sources of drinking water.
(11) The New York-New Jersey Watershed supports Federal
threatened species and endangered species, including the
shortnose sturgeon and Atlantic sturgeon.
(12) Many residents of the region of the New York-New
Jersey Watershed live in communities lacking in environmental
justice, where access to and enjoyment of fish, wildlife, clean
water, and other natural resources have been impaired or
compromised.
(13) Drawing on existing management plans and existing and
ongoing voluntary conservation efforts in the New York-New
Jersey Watershed will improve efficiency and cost-
effectiveness, as well as increase private-sector investments
and coordination of Federal and non-Federal resources.
SEC. 3. DEFINITIONS.
In this Act:
(1) Approved plans.--The term ``approved plan''--
(A) means any plan for management of the New York-
New Jersey Watershed--
(i) that has been approved by a Federal,
regional, State, or local governmental entity;
or
(ii) that is determined by the Director, in
consultation with such entities, to contribute
to the achievement of the purposes of this Act;
and
(B) includes the New York-New Jersey Harbor &
Estuary Program (HEP) Action Agenda, the Hudson Raritan
Comprehensive Restoration Plan, the Hudson River
Comprehensive Restoration Plan, the Hudson River
Estuary Program Action Agenda, the Mohawk River Action
Agenda, the Sustainable Raritan River Initiative Action
Plan, the Lower Passaic and Bronx & Harlem Federal
Urban Waters Partnership Workplans, the New Jersey
Sports and Exhibition Authority Meadowlands Restoration
Plan, as well as other critical conservation projects
in the region that achieve the purposes of this Act.
(2) Director.--The term ``Director'' means the Director of
the United States Fish and Wildlife Service.
(3) Environmental justice.--The term ``environmental
justice'' means the fair treatment and meaningful involvement
of all people regardless of race, color, national origin, or
income, with respect to the development, implementation, and
enforcement of environmental laws, regulations, and policies.
(4) Foundation.--The term ``Foundation'' means the National
Fish and Wildlife Foundation.
(5) Grant program.--The term ``grant program'' means the
voluntary New York-New Jersey Watershed Restoration Grant
Program established under section 5.
(6) Program.--The term ``program'' means the New York-New
Jersey Watershed Restoration Program established under section
4.
(7) Restoration and protection.--The term ``restoration and
protection'' means the conservation, stewardship, and
enhancement of habitat for fish and wildlife and water quality
to preserve and improve ecosystems and ecological processes on
which they depend and for use and enjoyment by the public.
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director.
(9) Service.--The term ``Service'' means the United States
Fish and Wildlife Service.
(10) Watershed.--The term ``Watershed'' means the New York-
New Jersey Watershed, which is comprised of all land area whose
surface water drains into New York-New Jersey Harbor, the
waters contained within that land area, and the estuaries
associated with those watersheds.
SEC. 4. PROGRAM ESTABLISHMENT.
(a) Establishment.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall establish a nonregulatory
program to be known as the ``New York-New Jersey Watershed Restoration
Program''.
(b) Duties.--In carrying out the program, the Secretary shall--
(1) draw on existing and new approved plans for the
Watershed, or portions of the Watershed, and work in
consultation with applicable management entities, including
representatives of the New York-New Jersey Harbor and Estuary
Program (HEP), Hudson River Estuary Program, Mohawk River Basin
Program, Sustainable Raritan River Initiative, the Federal
Government, and other State and local governments, and regional
and nonprofit organizations, as appropriate, to identify,
prioritize, and implement restoration and protection activities
within the Watershed; and
(2) adopt a Watershed-wide strategy that--
(A) supports the implementation of a shared set of
science-based restoration and protection activities
developed in accordance with paragraph (1);
(B) targets cost-effective projects with measurable
results;
(C) maximizes conservation outcomes;
(D) recognizes the needs of communities lacking in
environmental justice; and
(E) establishes the voluntary grant and technical
assistance programs authorized in this Act.
(c) Consultation.--In establishing the program, the Secretary shall
consult, as appropriate, with--
(1) the heads of Federal agencies, including--
(A) the Administrator of the Environmental
Protection Agency;
(B) the Administrator of the National Oceanic and
Atmospheric Administration;
(C) the Chief of the Natural Resources Conservation
Service; and
(D) the Director of the National Park Service;
(2) the Governors of New York and New Jersey;
(3) the New York-New Jersey Harbor & Estuary Program; and
(4) other public agencies and organizations with authority
for the planning and implementation of conservation strategies
in the Watershed.
(d) Purposes.--The purposes of the program include--
(1) coordinating restoration and protection activities
among Federal, State, local, and regional entities and
conservation partners throughout the Watershed;
(2) carrying out coordinated restoration and protection
activities, and providing for technical assistance throughout
the Watershed--
(A) to sustain and enhance fish and wildlife
habitat restoration and protection activities;
(B) to improve and maintain water quality to
support fish, wildlife, and their habitat, as well as
to improve opportunities for public access and
recreation in the Watershed consistent with the
ecological needs of fish and wildlife habitat;
(C) to advance the use of natural and nature-based
features, living shoreline, and other green
infrastructure techniques to maximize the resilience of
communities, natural systems, and habitats under
changing sea levels, storm risks, and watershed
conditions;
(D) to engage the public, particularly communities
lacking in environmental justice, through outreach,
education, and community involvement to increase
capacity and support for coordinated restoration and
protection activities in the Watershed;
(E) to increase scientific capacity to support the
planning, monitoring, and research activities necessary
to carry out coordinated restoration and protection
activities;
(F) to provide for feasibility and planning studies
for green infrastructure projects that achieve habitat
restoration and stormwater management goals;
(G) to support land conservation and management
activities necessary to fulfill the Watershed-wide
strategy adopted under subsection (b);
(H) to provide technical assistance to carry out
restoration and protection activities in the Watershed;
(I) to monitor environmental quality to assess
progress toward the goals of this Act; and
(J) to improve fish and wildlife habitats, as well
as opportunities for personal recreation, along rivers
and shore fronts within communities lacking in
environmental justice; and
(3) other activities necessary for the implementation of
approved plans.
SEC. 5. NEW YORK-NEW JERSEY WATERSHED RESTORATION GRANT PROGRAM.
(a) Establishment.--The Secretary shall establish a voluntary grant
and technical assistance program, to be known as the ``New York-New
Jersey Watershed Restoration Grant Program'', to provide competitive
matching grants of varying amounts to State and local governments,
nonprofit organizations, institutions of higher education, and other
eligible entities to carry out restoration and protection activities
for the Watershed.
(b) Criteria.--The Secretary, in consultation with the agencies,
organizations, and other persons referred to in section 4(c), shall
develop criteria for the grant program to help ensure that activities
funded under this section accomplish one or more of the purposes of
this Act.
(c) Cost Sharing.--
(1) Federal share.--The Federal share of the cost of a
project funded under the grant program shall not exceed 75
percent of the total cost of the activity, as determined by the
Secretary.
(2) Non-federal share.--The non-Federal share of the cost
of a project funded under the grant program may be provided in
cash or in the form of an in-kind contribution of services or
materials.
(d) Administration.--
(1) In general.--The Secretary may enter into an agreement
to manage the grant program with the National Fish and Wildlife
Foundation or a similar organization that offers grant
management services.
(2) Funding.--If the Secretary enters into an agreement
under paragraph (1), the organization selected shall--
(A) for each fiscal year, receive amounts made
available to carry out this section in an advance
payment of the entire amounts on October 1 of that
fiscal year, or as soon as practicable thereafter;
(B) invest and reinvest those amounts for the
benefit of the grant program; and
(C) otherwise administer the grant program to
support partnerships between the public and private
sectors in accordance with this Act.
(3) Requirements.--If the Secretary enters into an
agreement with the Foundation under paragraph (1), any amounts
received by the Foundation under this section shall be subject
to the National Fish and Wildlife Foundation Establishment Act
(16 U.S.C. 3701 et seq.), excluding section 10(a) of that Act
(16 U.S.C. 3709(a)).
SEC. 6. ANNUAL REPORTS.
Not later than 180 days after the date of enactment of this Act
and annually thereafter, the Secretary shall submit to the Congress a
report on the implementation of this Act, including a description of
each project that has received funding under this Act in the preceding
fiscal year.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to the
Secretary to carry out this Act $50,000,000 for each of fiscal years
2022 through 2027.
(b) Use for Grant Program.--Of any amount made available under this
section for each fiscal year, the Secretary shall use at least 75
percent to carry out the grant program under section 5 and to provide,
or provide for, technical assistance under such program.
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