[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3484 Introduced in Senate (IS)]
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117th CONGRESS
2d Session
S. 3484
To establish the New York-New Jersey Watershed Restoration Program, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 12 (legislative day, January 10), 2022
Mr. Booker (for himself, Mrs. Gillibrand, Mr. Menendez, and Mr.
Schumer) introduced the following bill; which was read twice and
referred to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To establish the New York-New Jersey Watershed Restoration Program, 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 that--
(1) the New York-New Jersey Watershed, which encompasses
all the watersheds that flow into New York-New Jersey Harbor
and the associated estuaries of that Harbor, such as the
Hudson, Mohawk, Raritan, Passaic, Hackensack, and Bronx River
Watersheds and the Hudson River Estuary, is of great
ecological, economic, and cultural importance;
(2) the Watershed supports one of the most densely
populated and economically important regions in the United
States;
(3) millions of people rely on the Hudson, Mohawk, Raritan,
and Hackensack Rivers as sources of drinking water;
(4) the Watershed supports multiple industries that attract
over $60,700,000,000 in annual revenue through tourism,
commercial fishing, and recreational activities;
(5) the New York-New Jersey Harbor--
(A) contributes $8,500,000,000 annually in Federal,
State, and local tax revenue; and
(B) is directly or indirectly responsible for
629,000 jobs with $90,500,000,000 in annual personal
and business wages;
(6) the water resources of the Mohawk River play an
important role in tourism, shipping, and related businesses and
industries in the region, with the tourism industry alone
valued at more than $1,340,000,000 annually;
(7) the Watershed supports species listed as threatened
species or endangered species under section 4 of the Endangered
Species Act of 1973 (16 U.S.C. 1533), including the shortnose
sturgeon and the Atlantic sturgeon, as well as those species
whose populations are at risk of steep declines;
(8) shorelines, marshes, and wetlands throughout the
Watershed are critical to flood mitigation and provide
important habitat for a diverse array of fish and wildlife;
(9) the Hudson River Estuary contains more than 7,000 acres
of brackish wetlands that--
(A) filter contaminants;
(B) mitigate sea level rise;
(C) buffer coastal communities from storms; and
(D) provide habitat for fish and wildlife;
(10) for the past century, the Watershed has faced serious
threats to water quality, including hazardous waste, legacy
pollutants, and partially treated or untreated wastewater;
(11) many of the residents that benefit from the Watershed
live in communities experiencing environmental injustice, where
access to and enjoyment of fish, wildlife, clean water, and
other natural resources has been impaired or compromised;
(12) the ongoing environmental injustice challenges
described in paragraph (11) are compounded by the impacts of
climate change, including--
(A) rising air and water temperatures;
(B) increases in incidences of extreme weather;
(C) changing precipitation patterns; and
(D) rising sea levels;
(13) extreme weather events like Hurricanes Sandy, Irene,
Lee, and Ida caused loss of life and billions of dollars in
damages, and the shared coastline of New York and New Jersey
remains highly vulnerable to frequent storm surges and rising
seas;
(14) 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 that provide
environmental, social, and economic benefits;
(15) restoration activities in the Watershed are supported
by 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 under section 4(a), which is intended to build on and
help coordinate restoration and protection funding mechanisms
at the Federal, State, Tribal, regional, and local levels;
(16) managing the Watershed requires leadership from the
Department of the Interior and coordination among other Federal
agencies, 2 States, Indian Tribes, hundreds of counties, cities
and towns, and millions of property owners;
(17) the United States Fish and Wildlife Service has
established a collaborative approach to delivering inclusive,
meaningful conservation gains in urban communities through--
(A) the Urban Wildlife Conservation Program; and
(B) at landscape scales, the Delaware River Basin
Restoration Program; and
(18) drawing on existing management plans and existing and
ongoing voluntary conservation efforts in the Watershed will--
(A) improve the efficiency and cost-effectiveness
of conservation and restoration efforts; and
(B) increase private sector investments and
coordination of Federal and non-Federal resources.
SEC. 3. DEFINITIONS.
In this Act:
(1) Approved plan.--
(A) In general.--The term ``approved plan'' means
any plan for management of the Watershed--
(i) that has been approved by a Federal,
regional, State, Tribal, or local governmental
entity, including State Wildlife Action Plans,
Comprehensive Conservation Management Plans,
and Watershed Improvement Plans; or
(ii) that is determined by the Secretary,
in consultation with the entities described in
clause (i), to contribute to the achievement of
the purposes of this Act.
(B) Inclusions.--The term ``approved plan''
includes--
(i) the New York-New Jersey Harbor &
Estuary Program (HEP) Action Agenda;
(ii) the Hudson Raritan Comprehensive
Restoration Plan;
(iii) the Hudson River Comprehensive
Restoration Plan;
(iv) the Hudson River Estuary Program
Action Agenda;
(v) the Mohawk River Action Agenda;
(vi) the Sustainable Raritan River
Initiative Action Plan;
(vii) the Lower Passaic and Bronx & Harlem
Federal Urban Waters Partnership Workplans;
(viii) the New Jersey Sports and Exhibition
Authority Meadowlands Restoration Plan; and
(ix) such other conservation projects in
the region that achieve the purposes of this
Act, as determined by the Secretary.
(2) Environmental justice.--The term ``environmental
justice'', with respect to the development, implementation, and
enforcement of environmental laws, regulations, and policies,
means the fair treatment and meaningful involvement of all
people, regardless of race, color, national origin, or income.
(3) Foundation.--The term ``Foundation'' means the National
Fish and Wildlife Foundation.
(4) Grant program.--The term ``grant program'' means the
voluntary New York-New Jersey Watershed Restoration Grant
Program established under section 5(a).
(5) Program.--The term ``program'' means the New York-New
Jersey Watershed Restoration Program established under section
4(a).
(6) Restoration and protection.--The term ``restoration and
protection'' means the conservation, stewardship, and
enhancement of habitat for fish and wildlife, including water
quality--
(A) to preserve and improve ecosystems and
ecological processes on which those fish and wildlife
depend; and
(B) for use and enjoyment by the public.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the United
States Fish and Wildlife Service.
(8) Watershed.--The term ``Watershed'' means the New York-
New Jersey Watershed, which is comprised of--
(A) all land area the surface water of which drains
into the New York-New Jersey Harbor;
(B) the waters contained within that land area; and
(C) the estuaries associated with those watersheds.
SEC. 4. NEW YORK-NEW JERSEY WATERSHED RESTORATION PROGRAM.
(a) Establishment.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall establish a nonregulatory
program, to be known as the ``New York-New Jersey Watershed Restoration
Program''.
(b) Purposes.--The purposes of the program shall include--
(1) coordinating restoration and protection activities
among Federal, State, Tribal, local, and regional entities and
conservation partners throughout the Watershed;
(2) carrying out coordinated restoration and protection
activities, and providing for technical assistance for those
activities, throughout the Watershed--
(A) to sustain and enhance fish and wildlife
habitat;
(B) to improve and maintain water quality to
support fish, wildlife, and their habitats, as well as
to improve opportunities for public access and
recreation in the Watershed consistent with the
ecological needs of fish and wildlife habitats;
(C) to advance the use of natural climate solutions
and natural infrastructure, including living shorelines
and other green infrastructure techniques, to maximize
the resilience of communities, natural systems, and
habitats experiencing the impacts of climate change;
(D) to engage the public, particularly communities
experiencing environmental injustice, through outreach,
education, and community involvement to increase
capacity, support, and workforce development 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 in the Watershed;
(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 (c)(3);
(H) to monitor environmental quality to assess
progress toward the purposes of this Act; and
(I) to improve fish and wildlife habitats, as well
as opportunities for personal recreation, along rivers
and shore fronts within communities experiencing
environmental injustice; and
(3) carrying out restoration and protection activities
necessary, as determined by the Secretary, for the
implementation of approved plans.
(c) 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;
(2) work in consultation with applicable management
entities, including representatives of the New York-New Jersey
Harbor and Estuary Program (HEP), the Hudson River Estuary
Program, the Mohawk River Basin Program, the Sustainable
Raritan River Initiative, the Federal Government, other State
and local governments, and regional and nonprofit
organizations, including environmental justice organizations,
as appropriate, to identify, prioritize, and implement
restoration and protection activities within the Watershed; and
(3) 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 (2);
(B) targets cost-effective projects with measurable
results;
(C) maximizes conservation outcomes;
(D) prioritizes the needs of communities
experiencing environmental injustice; and
(E) implements the grant program.
(d) Consultation.--In establishing the program, the Secretary shall
consult with, as appropriate--
(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 Secretary of Agriculture;
(D) the Director of the National Park Service; and
(E) the heads of such other Federal agencies as the
Secretary determines to be appropriate;
(2) the Governor of New York;
(3) the Governor of New Jersey;
(4) the Commissioner of the New York State Department of
Environmental Conservation;
(5) the Director of the New Jersey Division of Fish and
Wildlife;
(6) the New York-New Jersey Harbor & Estuary Program; and
(7) other public agencies, Indian Tribes, and organizations
with authority for the planning and implementation of
conservation strategies in the Watershed, as determined
appropriate by the Secretary.
SEC. 5. NEW YORK-NEW JERSEY WATERSHED RESTORATION GRANT PROGRAM.
(a) Establishment.--Not later than 180 days after the date of
enactment of this Act, 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 to State, Tribal, and local governments, nonprofit
organizations, institutions of higher education, and other eligible
entities, as determined by the Secretary, to carry out the coordinated
restoration and protection activities described in section 4(b)(2).
(b) Criteria.--The Secretary, in consultation with the heads of
Federal agencies, organizations, and other persons referred to in
section 4(d), shall develop criteria for the grant program to ensure
that activities funded under the grant program--
(1) accomplish 1 or more of the purposes identified in
section 4(b)(2); and
(2) advance the implementation of priority actions or needs
identified in the Watershed-wide strategy adopted under section
4(c)(3).
(c) Capacity Building.--In carrying out the grant program, the
Secretary shall seek to increase the effectiveness of organizations
that carry out restoration and protection activities described in
section 4(b)(2) within the Watershed by addressing organizational
capacity needs.
(d) Cost-Share.--
(1) Federal share.--The Federal share of the total cost of
a restoration and protection activity carried out under the
grant program shall be not more than 75 percent of the total
cost, as determined by the Secretary, of that activity.
(2) Non-federal share.--
(A) In general.--The non-Federal share of the total
cost of a restoration and protection activity carried
out under the grant program shall be not more than 25
percent of the total cost, as determined by the
Secretary, of that activity.
(B) Form of payment.--The non-Federal described in
subparagraph (A) may be provided--
(i) in cash; or
(ii) in the form of an in-kind contribution
of services or materials.
(3) Waiver.--The Secretary may waive a requirement under
paragraph (2) if the Secretary determines that--
(A) no reasonable means are available through which
an applicant can meet the matching requirement; and
(B) the probable benefit of carrying out the
restoration and project activity outweighs the public
interest in the matching requirement.
(e) Administration.--
(1) In general.--The Secretary may enter into an agreement
to manage the grant program with--
(A) the Foundation; or
(B) a similar organization that offers grant
management services.
(2) Funding.--If the Secretary enters into an agreement
under paragraph (1), the Foundation or similar organization
selected, as applicable, shall--
(A) receive the amounts made available to carry out
the grant program under section 7 for each applicable
fiscal year in an advance payment of the entire amount
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) 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 Congress a
report on the implementation of this Act, including a description of
each activity 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) Grant Program.--Of the amounts made available under subsection
(a) for each fiscal year, the Secretary shall use not less than 75
percent to carry out the grant program, including for technical
assistance relating to the grant program.
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