New York-New Jersey Watershed Protection Act

I 116TH CONGRESS 2D SESSION H. R. 8348 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 SEPTEMBER 22, 2020 Mr. TONKO (for himself, Mr. SERRANO, Mr. ENGEL, Mrs. WATSON COLEMAN, Mr. PAYNE, Mr. VAN DREW, and Mr. MALINOWSKI) introduced the fol- lowing 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 pur- poses. 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 ‘‘New York-New Jersey 4 Watershed Protection Act’’. 5 SEC. 2. FINDINGS. 6 Congress finds the following: 7 VerDate Sep 11 2014 00:16 Oct 04, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H8348.IH H8348 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 8348 IH (1) The New York-New Jersey Watershed, 1 which encompasses all the watersheds that flow into 2 New York-New Jersey Harbor and their associated 3 estuaries, such as the Hudson, Mohawk, Raritan, 4 Passaic, Hackensack, and Bronx River Watersheds 5 and the Hudson River Estuary, provide multiple 6 benefits to diverse stakeholders including regarding 7 fisheries and wildlife, conservation of natural re- 8 sources and public and private lands, critical urban 9 greenspaces and quality of life, and conservation of 10 ocean and coastal resources. 11 (2) These resources support one of the most 12 densely populated and economically important re- 13 gions in the country. 14 (3) Managing this public resource and its many 15 services requires leadership from the Department of 16 the Interior and coordination among other Federal 17 agencies, two States, hundreds of counties, cities 18 and towns, and millions of property owners. 19 (4) These ongoing challenges are compounded 20 by the likely impacts of rising air and water tem- 21 peratures, increases in incidences of extreme weather 22 from large storms to rainfall, and rising sea levels. 23 (5) The New York-New Jersey Harbor contrib- 24 utes $8,500,000,000 annually in Federal, State, and 25 VerDate Sep 11 2014 00:16 Oct 04, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8348.IH H8348 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 8348 IH local tax revenue and is directly or indirectly respon- 1 sible for 629,000 jobs with $90,500,000,000 in an- 2 nual personal and business wages. 3 (6) The New York-New Jersey Watershed sup- 4 ports multiple industries that attract over 5 $60,700,000,000 in annual revenue through tour- 6 ism, commercial fishing, and recreational activities. 7 (7) The Mohawk River’s water resources play 8 an important role in tourism, shipping, and related 9 businesses, with tourism alone valued at more than 10 $1,340,000,000 annually. 11 (8) Management of the shorelines of the New 12 York-New Jersey Watershed is critical to flood miti- 13 gation and habitat for fish and wildlife. Further, fol- 14 lowing the loss of life and billions of dollars of dam- 15 ages caused by Hurricanes Sandy, Irene and Lee, 16 Federal, State, and local governments recognize that 17 natural and nature-based flood hazard mitigation 18 measures, including living shorelines and restoring 19 the function of riparian corridors, are cost-effective 20 solutions. 21 (9) Restoration activities in the New York-New 22 Jersey Watershed are supported through several 23 Federal and State programs, and funding for those 24 important programs should continue and com- 25 VerDate Sep 11 2014 00:16 Oct 04, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H8348.IH H8348 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 8348 IH plement the establishment of the New York-New 1 Jersey Watershed Restoration Program, which is in- 2 tended to build on and help coordinate restoration 3 and protection funding mechanisms at the Federal, 4 State, regional, and local levels. 5 (10) Millions of people rely on the Mohawk, 6 Raritan, and Hackensack Rivers as sources of drink- 7 ing water. 8 (11) The New York-New Jersey Watershed 9 supports Federal threatened species and endangered 10 species, including the shortnose sturgeon and Atlan- 11 tic sturgeon. 12 (12) Many residents of the region of the New 13 York-New Jersey Watershed live in communities 14 lacking in environmental justice, where access to and 15 enjoyment of fish, wildlife, clean water, and other 16 natural resources have been impaired or com- 17 promised. 18 (13) Drawing on existing management plans 19 and existing and ongoing voluntary conservation ef- 20 forts in the New York-New Jersey Watershed will 21 improve efficiency and cost-effectiveness, as well as 22 increase private-sector investments and coordination 23 of Federal and non-Federal resources. 24 VerDate Sep 11 2014 00:16 Oct 04, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H8348.IH H8348 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 8348 IH SEC. 3. DEFINITIONS. 1 In this Act: 2 (1) APPROVED PLANS.—The term ‘‘approved 3 plan’’— 4 (A) means any plan for management of the 5 New York-New Jersey Watershed— 6 (i) that has been approved by a Fed- 7 eral, regional, State, or local governmental 8 entity; or 9 (ii) that is determined by the Direc- 10 tor, in consultation with such entities, to 11 contribute to the achievement of the pur- 12 poses of this Act; and 13 (B) includes the New York-New Jersey 14 Harbor & Estuary Program (HEP) Action 15 Agenda, the Hudson Raritan Comprehensive 16 Restoration Plan, the Hudson River Com- 17 prehensive Restoration Plan, the Hudson River 18 Estuary Program Action Agenda, the Mohawk 19 River Action Agenda, the Sustainable Raritan 20 River Initiative Action Plan, the Lower Passaic 21 and Bronx & Harlem Federal Urban Waters 22 Partnership Workplans, the New Jersey Sports 23 and Exhibition Authority Meadowlands Res- 24 toration Plan, as well as other critical conserva- 25 VerDate Sep 11 2014 00:16 Oct 04, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H8348.IH H8348 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 8348 IH tion projects in the region that achieve the pur- 1 poses of this Act. 2 (2) DIRECTOR.—The term ‘‘Director’’ means 3 the Director of the United States Fish and Wildlife 4 Service. 5 (3) ENVIRONMENTAL JUSTICE.—The term ‘‘en- 6 vironmental justice’’ means the fair treatment and 7 meaningful involvement of all people regardless of 8 race, color, national origin, or income, with respect 9 to the development, implementation, and enforce- 10 ment of environmental laws, regulations, and poli- 11 cies. 12 (4) FOUNDATION.—The term ‘‘Foundation’’ 13 means the National Fish and Wildlife Foundation. 14 (5) GRANT PROGRAM.—The term ‘‘grant pro- 15 gram’’ means the voluntary New York-New Jersey 16 Watershed Restoration Grant Program established 17 under section 5. 18 (6) PROGRAM.—The term ‘‘program’’ means 19 the New York-New Jersey Watershed Restoration 20 Program established under section 4. 21 (7) RESTORATION AND PROTECTION.—The 22 term ‘‘restoration and protection’’ means the con- 23 servation, stewardship, and enhancement of habitat 24 for fish and wildlife and water quality to preserve 25 VerDate Sep 11 2014 21:40 Oct 08, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H8348.IH H8348 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 8348 IH and improve ecosystems and ecological processes on 1 which they depend and for use and enjoyment by the 2 public. 3 (8) SECRETARY.—The term ‘‘Secretary’’ means 4 the Secretary of the Interior, acting through the Di- 5 rector. 6 (9) SERVICE.—The term ‘‘Service’’ means the 7 United States Fish and Wildlife Service. 8 (10) WATERSHED.—The term ‘‘Watershed’’ 9 means the New York-New Jersey Watershed, which 10 is comprised of all land area whose surface water 11 drains into New York-New Jersey Harbor, the 12 waters contained within that land area, and the es- 13 tuaries associated with those watersheds. 14 SEC. 4. PROGRAM ESTABLISHMENT. 15 (a) ESTABLISHMENT.—Not later than 180 days after 16 the date of the enactment of this Act, the Secretary shall 17 establish a nonregulatory program to be known as the 18 ‘‘New York-New Jersey Watershed Restoration Program’’. 19 (b) DUTIES.—In carrying out the program, the Sec- 20 retary shall— 21 (1) draw on existing and new approved plans 22 for the Watershed, or portions of the Watershed, 23 and work in consultation with applicable manage- 24 ment entities, including representatives of the New 25 VerDate Sep 11 2014 00:16 Oct 04, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H8348.IH H8348 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 8348 IH York-New Jersey Harbor and Estuary Program 1 (HEP), Hudson River Estuary Program, Mohawk 2 River Basin Program, Sustainable Raritan River 3 Initiative, the Federal Government, and other State 4 and local governments, and regional and nonprofit 5 organizations, as appropriate, to identify, prioritize, 6 and implement restoration and protection activities 7 within the Watershed; and 8 (2) adopt a Watershed-wide strategy that— 9 (A) supports the implementation of a 10 shared set of science-based restoration and pro- 11 tection activities developed in accordance with 12 paragraph (1); 13 (B) targets cost-effective projects with 14 measurable results; 15 (C) maximizes conservation outcomes; 16 (D) recognizes the needs of communities 17 lacking in environmental justice; and 18 (E) establishes the voluntary grant and 19 technical assistance programs authorized in this 20 Act. 21 (c) CONSULTATION.—In establishing the program, 22 the Secretary shall consult, as appropriate, with— 23 (1) the heads of Federal agencies, including— 24 VerDate Sep 11 2014 00:16 Oct 04, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H8348.IH H8348 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 8348 IH (A) the Administrator of the Environ- 1 mental Protection Agency; 2 (B) the Administrator of the National Oce- 3 anic and Atmospheric Administration; 4 (C) the Chief of the Natural Resources 5 Conservation Service; and 6 (D) the Director of the National Park 7 Service; 8 (2) the Governors of New York and New Jer- 9 sey; 10 (3) the New York-New Jersey Harbor & Estu- 11 ary Program; and 12 (4) other public agencies and organizations with 13 authority for the planning and implementation of 14 conservation strategies in the Watershed. 15 (d) PURPOSES.—The purposes of the program in- 16 clude— 17 (1) coordinating restoration and protection ac- 18 tivities among Federal, State, local, and regional en- 19 tities and conservation partners throughout the Wa- 20 tershed; 21 (2) carrying out coordinated restoration and 22 protection activities, and providing for technical as- 23 sistance throughout the Watershed— 24 VerDate Sep 11 2014 21:40 Oct 08, 2020 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H8348.IH H8348 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 8348 IH (A) to sustain and enhance fish and wild- 1 life habitat restoration and protection activities; 2 (B) to improve and maintain water quality 3 to support fish, wildlife, and their habitat, as 4 well as to improve opportunities for public ac- 5 cess and recreation in the Watershed consistent 6 with the ecological needs of fish and wildlife 7 habitat; 8 (C) to advance the use of natural and na- 9 ture-based features, living shoreline, and other 10 green infrastructure techniques to maximize the 11 resilience of communities, natural systems, and 12 habitats under changing sea levels, storm risks, 13 and watershed conditions; 14 (D) to engage the public, particularly com- 15 munities lacking in environmental justice, 16 through outreach, education, and community 17 involvement to increase capacity and support 18 for coordinated restoration and protection ac- 19 tivities in the Watershed; 20 (E) to increase scientific capacity to sup- 21 port the planning, monitoring, and research ac- 22 tivities necessary to carry out coordinated res- 23 toration and protection activities; 24 VerDate Sep 11 2014 00:16 Oct 04, 2020 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H8348.IH H8348 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 8348 IH (F) to provide for feasibility and planning 1 studies for green infrastructure projects that 2 achieve habitat restoration and stormwater 3 management goals; 4 (G) to support land conservation and man- 5 agement activities necessary to fulfill the Wa- 6 tershed-wide strategy adopted under subsection 7 (b); 8 (H) to provide technical assistance to carry 9 out restoration and protection activities in the 10 Watershed; 11 (I) to monitor environmental quality to as- 12 sess progress toward the goals of this Act; and 13 (J) to improve fish and wildlife habitats, 14 as well as opportunities for personal recreation, 15 along rivers and shore fronts within commu- 16 nities lacking in environmental justice; and 17 (3) other activities necessary for the implemen- 18 tation of approved plans. 19 SEC. 5. NEW YORK-NEW JERSEY WATERSHED RESTORA- 20 TION GRANT PROGRAM. 21 (a) ESTABLISHMENT.—The Secretary shall establish 22 a voluntary grant and technical assistance program, to be 23 known as the ‘‘New York-New Jersey Watershed Restora- 24 tion Grant Program’’, to provide competitive matching 25 VerDate Sep 11 2014 00:16 Oct 04, 2020 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H8348.IH H8348 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 8348 IH grants of varying amounts to State and local governments, 1 nonprofit organizations, institutions of higher education, 2 and other eligible entities to carry out restoration and pro- 3 tection activities for the Watershed. 4 (b) CRITERIA.—The Secretary, in consultation with 5 the agencies, organizations, and other persons referred to 6 in section 4(c), shall develop criteria for the grant program 7 to help ensure that activities funded under this section ac- 8 complish one or more of the purposes of this Act. 9 (c) COST SHARING.— 10 (1) FEDERAL SHARE.—The Federal share of 11 the cost of a project funded under the grant pro- 12 gram shall not exceed 75 percent of the total cost 13 of the activity, as determined by the Secretary. 14 (2) NON-FEDERAL SHARE.—The non-Federal 15 share of the cost of a project funded under the grant 16 program may be provided in cash or in the form of 17 an in-kind contribution of services or materials. 18 (d) ADMINISTRATION.— 19 (1) IN GENERAL.—The Secretary may enter 20 into an agreement to manage the grant program 21 with the National Fi [Text truncated for display. 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