Chesapeake Watershed Investments for Landscape Defense Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 4967 To authorize the Secretary of the Interior to establish a program to restore and protect the Chesapeake Bay watershed, and for other purposes. IN THE HOUSE OF REPRESENTATIVES OCTOBER 31, 2019 Mr. SCOTT of Virginia (for himself, Mr. WITTMAN, Mr. SARBANES, Mr. CON- NOLLY, Mr. FITZPATRICK, Mr. CARTWRIGHT, Mr. HASTINGS, Ms. NOR- TON, Mrs. LURIA, Mr. RIGGLEMAN, Mr. HOYER, Mr. RASKIN, Mr. TRONE, Ms. WEXTON, and Mr. BEYER) introduced the following bill; which was referred to the Committee on Natural Resources, and in addi- tion to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consider- ation of such provisions as fall within the jurisdiction of the committee concerned A BILL To authorize the Secretary of the Interior to establish a program to restore and protect the Chesapeake Bay wa- tershed, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Chesapeake Watershed 4 Investments for Landscape Defense Act of 2019’’. 5 VerDate Sep 11 2014 15:47 Nov 09, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4967.IH H4967 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 4967 IH SEC. 2. DEFINITIONS. 1 In this Act: 2 (1) CHESAPEAKE BAY AGREEMENTS.—The 3 term ‘‘Chesapeake Bay agreements’’ means the for- 4 mal, voluntary agreements— 5 (A) executed to achieve the goal of restor- 6 ing and protecting the Chesapeake Bay water- 7 shed ecosystem and the living resources of the 8 Chesapeake Bay watershed ecosystem; and 9 (B) signed by the Chesapeake Executive 10 Council. 11 (2) CHESAPEAKE BAY PROGRAM.—The term 12 ‘‘Chesapeake Bay program’’ means the program di- 13 rected by the Chesapeake Executive Council in ac- 14 cordance with the Chesapeake Bay agreements. 15 (3) CHESAPEAKE BAY WATERSHED.—The term 16 ‘‘Chesapeake Bay watershed’’ means the region that 17 covers— 18 (A) the Chesapeake Bay; 19 (B) the portions of the States of Delaware, 20 Maryland, New York, Pennsylvania, Virginia, 21 and West Virginia that drain into the Chesa- 22 peake Bay; and 23 (C) the District of Columbia. 24 VerDate Sep 11 2014 15:47 Nov 09, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4967.IH H4967 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 4967 IH (4) CHESAPEAKE EXECUTIVE COUNCIL.—The 1 term ‘‘Chesapeake Executive Council’’ means the 2 council comprised of— 3 (A) the Governors of each of the States of 4 Delaware, Maryland, New York, Pennsylvania, 5 Virginia, and West Virginia; 6 (B) the Mayor of the District of Columbia; 7 (C) the Chair of the Chesapeake Bay Com- 8 mission; and 9 (D) the Administrator of the Environ- 10 mental Protection Agency. 11 (5) CHESAPEAKE WILD PROGRAM.—The term 12 ‘‘Chesapeake WILD program’’ means the nonregula- 13 tory program established by the Secretary under sec- 14 tion 3(a). 15 (6) GRANT PROGRAM.—The term ‘‘grant pro- 16 gram’’ means the Chesapeake Watershed Invest- 17 ments for Landscape Defense grant program estab- 18 lished by the Secretary under section 4(a). 19 (7) RESTORATION AND PROTECTION ACTIV- 20 ITY.—The term ‘‘restoration and protection activity’’ 21 means an activity carried out for the conservation, 22 stewardship, and enhancement of habitat for fish 23 and wildlife— 24 VerDate Sep 11 2014 15:47 Nov 09, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4967.IH H4967 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 4967 IH (A) to preserve and improve ecosystems 1 and ecological processes on which the fish and 2 wildlife depend; and 3 (B) for use and enjoyment by the public. 4 (8) SECRETARY.—The term ‘‘Secretary’’ means 5 the Secretary of the Interior, acting through the Di- 6 rector of the United States Fish and Wildlife Serv- 7 ice. 8 SEC. 3. PROGRAM ESTABLISHMENT. 9 (a) ESTABLISHMENT.—Not later than 180 days after 10 the date of enactment of this Act, the Secretary shall es- 11 tablish a nonregulatory program, to be known as the 12 ‘‘Chesapeake Watershed Investments for Landscape De- 13 fense program’’. 14 (b) PURPOSES.—The purposes of the Chesapeake 15 WILD program include— 16 (1) coordinating restoration and protection ac- 17 tivities among Federal, State, local, and regional en- 18 tities and conservation partners throughout the 19 Chesapeake Bay watershed; 20 (2) engaging other agencies and organizations 21 to build a broader range of partner support, capac- 22 ity, and potential funding for projects in the Chesa- 23 peake Bay watershed; 24 VerDate Sep 11 2014 15:47 Nov 09, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4967.IH H4967 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 4967 IH (3) carrying out coordinated restoration and 1 protection activities, and providing for technical as- 2 sistance, throughout the Chesapeake Bay water- 3 shed— 4 (A) to sustain and enhance restoration and 5 protection activities; 6 (B) to improve and maintain water quality 7 to support fish and wildlife, habitats of fish and 8 wildlife, and drinking water for people; 9 (C) to sustain and enhance water manage- 10 ment for volume and flood damage mitigation 11 improvements to benefit fish and wildlife habi- 12 tat; 13 (D) to improve opportunities for public ac- 14 cess and recreation in the Chesapeake Bay wa- 15 tershed consistent with the ecological needs of 16 fish and wildlife habitat; 17 (E) to facilitate strategic planning to maxi- 18 mize the resilience of natural ecosystems and 19 habitats under changing watershed conditions; 20 (F) to utilize green infrastructure or nat- 21 ural infrastructure best management practices 22 to enhance fish and wildlife habitat; 23 (G) to engage the public through outreach, 24 education, and citizen involvement to increase 25 VerDate Sep 11 2014 15:47 Nov 09, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4967.IH H4967 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 4967 IH capacity and support for coordinated restora- 1 tion and protection activities in the Chesapeake 2 Bay watershed; 3 (H) to sustain and enhance vulnerable 4 communities and fish and wildlife habitat; 5 (I) to conserve and restore fish, wildlife, 6 and plant corridors; and 7 (J) to increase scientific capacity to sup- 8 port the planning, monitoring, and research ac- 9 tivities necessary to carry out coordinated res- 10 toration and protection activities. 11 (c) DUTIES.—In carrying out the Chesapeake WILD 12 program, the Secretary shall— 13 (1) draw on existing plans for the Chesapeake 14 Bay watershed, or portions of the Chesapeake Bay 15 watershed, including the Chesapeake Bay agree- 16 ments, and work in consultation with applicable 17 management entities, including Chesapeake Bay pro- 18 gram partners, such as the Federal Government, 19 State and local governments, the Chesapeake Bay 20 Commission, and other regional organizations, as 21 appropriate, to identify, prioritize, and implement 22 restoration and protection activities within the 23 Chesapeake Bay watershed; 24 VerDate Sep 11 2014 15:47 Nov 09, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4967.IH H4967 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 4967 IH (2) adopt a Chesapeake Bay watershed-wide 1 strategy that— 2 (A) supports the implementation of a 3 shared set of science-based restoration and pro- 4 tection activities developed in accordance with 5 paragraph (1); and 6 (B) targets cost-effective projects with 7 measurable results; and 8 (3) establish the grant program in accordance 9 with section 4. 10 (d) COORDINATION.—In establishing the Chesapeake 11 WILD program, the Secretary shall consult, as appro- 12 priate, with— 13 (1) the heads of Federal agencies, including— 14 (A) the Administrator of the Environ- 15 mental Protection Agency; 16 (B) the Administrator of the National Oce- 17 anic and Atmospheric Administration; 18 (C) the Chief of the Natural Resources 19 Conservation Service; 20 (D) the Chief of Engineers; 21 (E) the Director of the United States Geo- 22 logical Survey; 23 (F) the Secretary of Transportation; 24 (G) the Chief of the Forest Service; and 25 VerDate Sep 11 2014 15:47 Nov 09, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4967.IH H4967 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 4967 IH (H) the head of any other applicable agen- 1 cy; 2 (2) the Governors of each of the States of Dela- 3 ware, Maryland, New York, Pennsylvania, Virginia, 4 and West Virginia and the Mayor of the District of 5 Columbia; 6 (3) fish and wildlife joint venture partnerships; 7 and 8 (4) other public agencies and organizations with 9 authority for the planning and implementation of 10 conservation strategies in the Chesapeake Bay wa- 11 tershed. 12 SEC. 4. GRANTS AND TECHNICAL ASSISTANCE. 13 (a) CHESAPEAKE WILD GRANT PROGRAM.—To the 14 extent that funds are made available to carry out this sec- 15 tion, the Secretary shall establish and carry out, as part 16 of the Chesapeake WILD program, a voluntary grant and 17 technical assistance program, to be known as the ‘‘Chesa- 18 peake Watershed Investments for Landscape Defense 19 grant program’’, to provide competitive matching grants 20 of varying amounts and technical assistance to eligible en- 21 tities described in subsection (b) to carry out activities de- 22 scribed in section 3(b). 23 VerDate Sep 11 2014 15:47 Nov 09, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4967.IH H4967 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 4967 IH (b) ELIGIBLE ENTITIES.—The following entities are 1 eligible to receive a grant and technical assistance under 2 the grant program: 3 (1) A State. 4 (2) The District of Columbia. 5 (3) A unit of local government. 6 (4) A nonprofit organization. 7 (5) An institution of higher education. 8 (6) Any other entity that the Secretary deter- 9 mines to be appropriate in accordance with the cri- 10 teria established under subsection (c). 11 (c) CRITERIA.—The Secretary, in consultation with 12 officials and entities described in section 3(d), shall estab- 13 lish criteria for the grant program to help ensure that ac- 14 tivities funded under this section— 15 (1) accomplish 1 or more of the purposes de- 16 scribed in section 3(b); and 17 (2) advance the implementation of priority ac- 18 tions or needs identified in the Chesapeake Bay wa- 19 tershed-wide strategy adopted under section 3(c)(2). 20 (d) COST SHARING.— 21 (1) DEPARTMENT OF THE INTERIOR SHARE.— 22 The Department of the Interior share of the cost of 23 a project funded under the grant program shall not 24 VerDate Sep 11 2014 15:47 Nov 09, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H4967.IH H4967 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 4967 IH exceed 50 percent of the total cost of the project, as 1 determined by the Secretary. 2 (2) NON-DEPARTMENT OF THE INTERIOR 3 SHARE.— 4 (A) IN GENERAL.—The non-Department of 5 the Interior share of the cost of a project fund- 6 ed under the grant program may be provided in 7 cash or in the form of an in-kind contribution 8 of services or materials. 9 (B) OTHER FEDERAL FUNDING.—Non-De- 10 partment of the Interior Federal funds may be 11 used for not more than 25 percent of the total 12 cost of a project funded under the grant pro- 13 gram. 14 (e) ADMINISTRATION.—The Secretary may enter into 15 an agreement to manage the grant program with an orga- 16 nization that offers grant management services. 17 SEC. 5. REPORTING. 18 Not later than 180 days after the date of enactment 19 of this Act, and annually thereafter, the Secretary shall 20 submit to Congress a report describing the implementation 21 of this Act, including a description of each project that 22 has received funding under this Act. 23 VerDate Sep 11 2014 15:47 Nov 09, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H4967.IH H4967 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 4967 IH SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 1 (a) IN GENERAL.—There are authorized to be appro- 2 priated such sums as are necessary to carry out this Act. 3 (b) SUPPLEMENT, NOT SUPPLANT.—Funds made 4 available under subsection (a) shall supplement, and not 5 supplant, funding for other activities conducted by the 6 Secretary in the Chesapeake Bay watershed. 7 Æ VerDate Sep 11 2014 15:47 Nov 09, 2019 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6301 E:\BILLS\H4967.IH H4967 pamtmann on DSKBC07HB2PROD with BILLS