II 118TH CONGRESS 1ST SESSION S. 1335 To establish the New York-New Jersey Watershed Restoration Program, and for other purposes. IN THE SENATE OF THE UNITED STATES APRIL 27, 2023 Mr. BOOKER (for himself, Mrs. GILLIBRAND, Mr. MENENDEZ, and Mr. SCHU- MER) 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 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. DEFINITIONS. 6 In this Act: 7 (1) APPROVED PLAN.— 8 VerDate Sep 11 2014 01:35 May 06, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1335.IS S1335 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •S 1335 IS (A) IN GENERAL.—The term ‘‘approved 1 plan’’ means any plan for management of the 2 Watershed— 3 (i) that has been approved by a Fed- 4 eral, regional, State, Tribal, or local gov- 5 ernmental entity, including State Wildlife 6 Action Plans, Comprehensive Conservation 7 Management Plans, and Watershed Im- 8 provement Plans; or 9 (ii) that is determined by the Sec- 10 retary, in consultation with the entities de- 11 scribed in clause (i), to contribute to the 12 achievement of the purposes of this Act. 13 (B) INCLUSIONS.—The term ‘‘approved 14 plan’’ includes— 15 (i) the New York-New Jersey Harbor 16 & Estuary Program (HEP) Action Agen- 17 da; 18 (ii) the Hudson Raritan Comprehen- 19 sive Restoration Plan; 20 (iii) the Hudson River Comprehensive 21 Restoration Plan; 22 (iv) the Hudson River Estuary Pro- 23 gram Action Agenda; 24 (v) the Mohawk River Action Agenda; 25 VerDate Sep 11 2014 01:35 May 06, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1335.IS S1335 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •S 1335 IS (vi) the Sustainable Raritan River Ini- 1 tiative Action Plan; 2 (vii) the Lower Passaic and Bronx & 3 Harlem Federal Urban Waters Partnership 4 Workplans; 5 (viii) the New Jersey Sports and Ex- 6 hibition Authority Meadowlands Restora- 7 tion Plan; and 8 (ix) such other conservation projects 9 in the region that achieve the purposes of 10 this Act, as determined by the Secretary. 11 (2) ENVIRONMENTAL JUSTICE.—The term ‘‘en- 12 vironmental justice’’, with respect to the develop- 13 ment, implementation, and enforcement of environ- 14 mental laws, regulations, and policies, means the fair 15 treatment and meaningful involvement of all people, 16 regardless of race, color, national origin, or income. 17 (3) FOUNDATION.—The term ‘‘Foundation’’ 18 means the National Fish and Wildlife Foundation. 19 (4) GRANT PROGRAM.—The term ‘‘grant pro- 20 gram’’ means the voluntary New York-New Jersey 21 Watershed Restoration Grant Program established 22 under section 4(a). 23 VerDate Sep 11 2014 01:35 May 06, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1335.IS S1335 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •S 1335 IS (5) PROGRAM.—The term ‘‘program’’ means 1 the New York-New Jersey Watershed Restoration 2 Program established under section 3(a). 3 (6) RESTORATION AND PROTECTION.—The 4 term ‘‘restoration and protection’’ means the con- 5 servation, stewardship, and enhancement of habitat 6 for fish and wildlife, including water quality— 7 (A) to preserve and improve ecosystems 8 and ecological processes on which those fish and 9 wildlife depend; and 10 (B) for use and enjoyment by the public. 11 (7) SECRETARY.—The term ‘‘Secretary’’ means 12 the Secretary of the Interior, acting through the Di- 13 rector of the United States Fish and Wildlife Serv- 14 ice. 15 (8) WATERSHED.—The term ‘‘Watershed’’ 16 means the New York-New Jersey Watershed, which 17 is composed of— 18 (A) all land area the surface water of 19 which drains into the New York-New Jersey 20 Harbor; 21 (B) the waters contained within that land 22 area; and 23 (C) the estuaries associated with those wa- 24 tersheds. 25 VerDate Sep 11 2014 01:35 May 06, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1335.IS S1335 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •S 1335 IS SEC. 3. NEW YORK-NEW JERSEY WATERSHED RESTORA- 1 TION PROGRAM. 2 (a) ESTABLISHMENT.—Not later than 180 days after 3 the date of enactment of this Act, the Secretary shall es- 4 tablish a nonregulatory program, to be known as the ‘‘New 5 York-New Jersey Watershed Restoration Program’’. 6 (b) PURPOSES.—The purposes of the program shall 7 include— 8 (1) coordinating restoration and protection ac- 9 tivities among Federal, State, Tribal, local, and re- 10 gional entities and conservation partners throughout 11 the Watershed; 12 (2) carrying out coordinated restoration and 13 protection activities, and providing for technical as- 14 sistance for those activities, throughout the Water- 15 shed— 16 (A) to sustain and enhance fish and wild- 17 life habitat; 18 (B) to improve and maintain water quality 19 to support fish, wildlife, and their habitats, as 20 well as to improve opportunities for public ac- 21 cess and recreation in the Watershed consistent 22 with the ecological needs of fish and wildlife 23 habitats; 24 (C) to advance the use of natural climate 25 solutions and natural infrastructure, including 26 VerDate Sep 11 2014 01:35 May 06, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1335.IS S1335 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •S 1335 IS living shorelines and other green infrastructure 1 techniques, to maximize the resilience of com- 2 munities, natural systems, and habitats experi- 3 encing the impacts of climate change; 4 (D) to engage the public, particularly com- 5 munities experiencing environmental injustice, 6 through outreach, education, and community 7 involvement to increase capacity, support, and 8 workforce development for coordinated restora- 9 tion and protection activities in the Watershed; 10 (E) to increase scientific capacity to sup- 11 port the planning, monitoring, and research ac- 12 tivities necessary to carry out coordinated res- 13 toration and protection activities in the Water- 14 shed; 15 (F) to provide for feasibility and planning 16 studies for green infrastructure projects that 17 achieve habitat restoration and stormwater 18 management goals; 19 (G) to support land conservation and man- 20 agement activities necessary to fulfill the Wa- 21 tershed-wide strategy adopted under subsection 22 (c)(3); 23 VerDate Sep 11 2014 01:35 May 06, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1335.IS S1335 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •S 1335 IS (H) to monitor environmental quality to 1 assess progress toward the purposes of this Act; 2 and 3 (I) to improve fish and wildlife habitats, as 4 well as opportunities for personal recreation, 5 along rivers and shore fronts within commu- 6 nities experiencing environmental injustice; and 7 (3) carrying out restoration and protection ac- 8 tivities necessary, as determined by the Secretary, 9 for the implementation of approved plans. 10 (c) DUTIES.—In carrying out the program, the Sec- 11 retary shall— 12 (1) draw on existing and new approved plans 13 for the Watershed, or portions of the Watershed; 14 (2) work in consultation with applicable man- 15 agement entities, including representatives of the 16 New York-New Jersey Harbor and Estuary Program 17 (HEP), the Hudson River Estuary Program, the 18 Mohawk River Basin Program, the Sustainable 19 Raritan River Initiative, the Federal Government, 20 other State and local governments, and regional and 21 nonprofit organizations, including environmental jus- 22 tice organizations, as appropriate, to identify, 23 prioritize, and implement restoration and protection 24 activities within the Watershed; and 25 VerDate Sep 11 2014 01:35 May 06, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1335.IS S1335 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •S 1335 IS (3) adopt a Watershed-wide strategy that— 1 (A) supports the implementation of a 2 shared set of science-based restoration and pro- 3 tection activities developed in accordance with 4 paragraph (2); 5 (B) targets cost-effective projects with 6 measurable results; 7 (C) maximizes conservation outcomes; 8 (D) prioritizes the needs of communities 9 experiencing environmental injustice; and 10 (E) implements the grant program. 11 (d) CONSULTATION.—In establishing the program, 12 the Secretary shall consult with, as appropriate— 13 (1) the heads of Federal agencies, including— 14 (A) the Administrator of the Environ- 15 mental Protection Agency; 16 (B) the Administrator of the National Oce- 17 anic and Atmospheric Administration; 18 (C) the Secretary of Agriculture; 19 (D) the Director of the National Park 20 Service; and 21 (E) the heads of such other Federal agen- 22 cies as the Secretary determines to be appro- 23 priate; 24 (2) the Governor of New York; 25 VerDate Sep 11 2014 01:35 May 06, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1335.IS S1335 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •S 1335 IS (3) the Governor of New Jersey; 1 (4) the Commissioner of the New York State 2 Department of Environmental Conservation; 3 (5) the Director of the New Jersey Division of 4 Fish and Wildlife; 5 (6) the New York-New Jersey Harbor & Estu- 6 ary Program; and 7 (7) other public agencies, Indian Tribes, and 8 organizations with authority for the planning and 9 implementation of conservation strategies in the Wa- 10 tershed, as determined appropriate by the Secretary. 11 SEC. 4. NEW YORK-NEW JERSEY WATERSHED RESTORA- 12 TION GRANT PROGRAM. 13 (a) ESTABLISHMENT.—Not later than 180 days after 14 the date of enactment of this Act, the Secretary shall es- 15 tablish a voluntary grant and technical assistance pro- 16 gram, to be known as the ‘‘New York-New Jersey Water- 17 shed Restoration Grant Program’’, to provide competitive 18 matching grants to State, Tribal, and local governments, 19 nonprofit organizations, institutions of higher education, 20 and other eligible entities, as determined by the Secretary, 21 to carry out the coordinated restoration and protection ac- 22 tivities described in section 3(b)(2). 23 (b) CRITERIA.—The Secretary, in consultation with 24 the individuals and entities referred to in section 3(d), 25 VerDate Sep 11 2014 01:35 May 06, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1335.IS S1335 pbinns on DSKJLVW7X2PROD with $$_JOB 10 •S 1335 IS shall develop criteria for the grant program to ensure that 1 activities funded under the grant program— 2 (1) accomplish 1 or more of the purposes iden- 3 tified in section 3(b)(2); and 4 (2) advance the implementation of priority ac- 5 tions or needs identified in the Watershed-wide 6 strategy adopted under section 3(c)(3). 7 (c) CAPACITY BUILDING.—In carrying out the grant 8 program, the Secretary shall seek to increase the effective- 9 ness of organizations that carry out restoration and pro- 10 tection activities described in section 3(b)(2) within the 11 Watershed by addressing organizational capacity needs. 12 (d) COST-SHARE.— 13 (1) FEDERAL SHARE.— 14 (A) IN GENERAL.—Except as provided in 15 subparagraph (B), the Federal share of the 16 total cost of a restoration and protection activ- 17 ity carried out under the grant program shall 18 be not more than 50 percent, as determined by 19 the Secretary. 20 (B) SMALL, RURAL, AND DISADVANTAGED 21 COMMUNITIES.— 22 (i) IN GENERAL.—Subject to clause 23 (ii) the Federal share of the total cost of 24 a restoration and protection activity car- 25 VerDate Sep 11 2014 01:35 May 06, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1335.IS S1335 pbinns on DSKJLVW7X2PROD with $$_JOB 11 •S 1335 IS ried out under the grant program that 1 serves a small, rural, or disadvantaged 2 community shall be 90 percent, as deter- 3 mined by the Secretary. 4 (ii) WAIVER.—The Secretary may in- 5 crease the Federal share under clause (i) 6 to 100 percent of the total cost of the res- 7 toration and protection activity if the Sec- 8 retary determines that the grant recipient 9 is unable to pay, or would experience sig- 10 nificant financial hardship if required to 11 pay, the non-Federal share. 12 (2) NON-FEDERAL SHARE.— 13 (A) IN GENERAL.—The non-Federal share 14 of the total cost of a restoration and protection 15 activity carried out under the grant program 16 shall be not more than 50 percent, as deter- 17 mined by the Secretary. 18 (B) FORM OF PAYMENT.—The non-Fed- 19 eral share described in subparagraph (A) may 20 be provided— 21 (i) in cash; or 22 (ii) in the form of an in-kind contribu- 23 tion of services or materials. 24 (e) ADMINISTRATION.— 25 VerDate Sep 11 2014 01:35 May 06, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1335.IS S1335 pbinns on DSKJLVW7X2PROD with $$_JOB 12 •S 1335 IS (1) IN GENERAL.—The Secretary may enter 1 into an agreement to manage the grant program 2 with— 3 (A) the Foundation; or 4 (B) a similar organization that offers 5 grant management services. 6 (2) FUNDING.—If the Secretary enters into an 7 agreement under paragraph (1), the Foundation or 8 similar organization selected, as applicable, shall— 9 (A) receive the amounts made available to 10 carry out the grant program under section 7 for 11 each applicable fiscal year in an advance pay- 12 ment of the entire amount on October 1 of that 13 fiscal year, or as soon as practicable thereafter; 14 (B) invest and reinvest those amounts for 15 the benefit of the grant program; and 16 (C) administer the grant program to sup- 17 port partnerships between the public and pri- 18 vate sectors in accordance with this Act. 19 (3) REQUIREMENTS.—If the Secretary enters 20 into an agreement with the Foundation under para- 21 graph (1), any amounts received by the Foundation 22 under this section shall be subject to the National 23 Fish and Wildlife Foundation Establishment Act (16 24 VerDate Sep 11 2014 01:35 May 06, 2023 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S1335.IS S1335 pbinns on DSKJLVW7X2PROD with $$_JOB 13 •S 1335 IS U.S.C. 3701 et seq.), excluding section 10(a) of that 1 Act (16 U.S.C. 3709(a)). 2 SEC. 5. ANNUAL REPORTS. 3 Not later than 180 days after the date of enactment 4 of this Act, and annually thereafter, the Secretary shall 5 submit to Congress a report on the implementation of this 6 Act, including a description of each activity that has re- 7 ceived funding under this Act in the preceding fiscal year. 8 SEC. 6. PROHIBITION ON FEDERAL LAND HOLDINGS. 9 The Federal Government may not maintain owner- 10 ship of any land acquired under this Act exc [Text truncated for display. Full text available on Congress.gov.]