[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 733 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                 S. 733

       To enact the Passaic River Basin Flood Management Program.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 25, 1999

    Mr. Torricelli (for himself, and Mr. Lautenberg) introduced the 
 following bill; which was read twice and referred to the Committee on 
                      Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
       To enact the Passaic River Basin Flood Management Program.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. PURPOSE.

    The purpose of this Act is to establish the preferred alternative 
for flood control in the Passaic River basin, New Jersey, to be 
implemented in place of construction of the Passaic River Tunnel, while 
maintaining the integrity of previously authorized Passaic River basin 
restoration measures.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Hazard mitigation.--The term ``hazard mitigation'' 
        means--
                    (A) floodproofing; and
                    (B) acquisition of wetland throughout the Passaic 
                River basin for flood management purposes or retention 
                and detention.
            (2) Oversight committee.--The term ``Oversight Committee'' 
        means the committee established by section 3(j).
            (3) Preferred alternative.--The term ``preferred 
        alternative'' means a qualified acquisition and hazard 
        mitigation plan for the project.
            (4) Project.--The term ``project'' means the project for 
        flood control, Passaic River Main Stem, New Jersey and New 
        York, authorized by section 101(a)(18) of the Water Resources 
        Development Act of 1990 (104 Stat. 4607).
            (5) Qualified acquisition.--The term ``qualified 
        acquisition'' means a purchase by the Secretary, in cooperation 
        with State, county, and local governments, of property that has 
        sustained excessive damage caused by at least 2 floods, 
        including the major flood in the Passaic River basin during 
        1984 and any subsequent flood.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Army.

SEC. 3. COMPONENTS OF PASSAIC RIVER BASIN FLOOD MANAGEMENT PROGRAM.

    (a) Structures in the Floodway.--
            (1) In general.--The Secretary shall acquire, demolish, and 
        remove structures in the floodway of the Central Passaic River 
        basin where excessive damage has occurred in at least 2 floods, 
        including the flood of 1984 and any subsequent flood.
            (2) Cost sharing.--The cost of carrying out paragraph (1) 
        shall be paid in cooperation with State, county, and local 
        governments at a ratio of 75 percent Federal to 25 percent non-
        Federal.
            (3) Stabilization.--The floodway land in the Central 
        Passaic River basin shall be stabilized as part of the 
        ecological restoration program under section 101(a)(18)(C) of 
        the Water Resources Development Act of 1990 (104 Stat. 4609), 
        and, where appropriate, wetlands shall be created.
            (4) Management.--After the land is vacated, the land shall 
        be held in perpetuity by the most appropriate Federal or State 
        agency, as determined in consultation with the Oversight 
        Committee, and shall be managed as open space.
            (5) Blue acres program.--This subsection shall be carried 
        out in conformance with the Blue Acres Program of the State of 
        New Jersey.
            (6) Credit.--Crediting of land acquisition for the non-
        Federal share of the cost of the project shall remain in effect 
        in accordance with section 101(a)(18)(C)(vii) of the Water 
        Resources Development Act of 1990 (104 Stat. 4609).
    (b) Additional Structures in the 10-Year Floodplain.--
            (1) In general.--The Secretary shall acquire, demolish, and 
        remove additional structures, or floodproof structures, to the 
        10-year floodplain in the floodway of the Central Passaic River 
        basin in areas where excessive damage has occurred in at least 
        2 floods, including the flood of 1984 and any subsequent flood.
            (2) Cost share.--
                    (A) Acquisition, demolition, and removal.--Funding 
                for an acquisition, demolition, and removal under 
                paragraph (1) shall be shared 75 percent Federal and 25 
                percent State.
                    (B) Floodproofing.--Funding of floodproofing under 
                paragraph (1) shall be shared 75 percent Federal, 15 
percent property owner, and 10 percent State.
            (3) Criteria.--Criteria for acquisition and floodproofing 
        shall be developed by the Oversight Committee.
    (c) Structures in the Passaic River Basin.--
            (1) To the 50-year floodplain.--
                    (A) In general.--The Secretary shall floodproof 
                structures in the floodplain of the Central Passaic 
                River basin to the 50-year floodplain in areas of high 
                risk.
                    (B) Cost share.--Funding of floodproofing under 
                subparagraph (A) shall be shared 55 percent Federal, 20 
                percent State, and 25 percent property owner.
            (2) Remainder.--In the remainder of the floodplain to the 
        100-year protective flood elevation, the Secretary, in 
        cooperation with the State of New Jersey, shall provide 
        information on techniques to deal with flood management.
    (d) Wetlands.--
            (1) In general.--The Secretary shall acquire--
                    (A) wetlands in the floodways throughout the Great 
                Piece Meadows of the Central Passaic River basin to 
                supplement the wetlands acquisition (approximately 
                5,369 acres) authorized under section 101(a)(18)(C)(vi) 
                of the Water Resources Development Act of 1990 (104 
                Stat. 4609); and
                    (B) upland transition areas with significant 
                wildlife or other natural values.
            (2) Management.--The Secretary shall transfer the wetlands 
        and transition areas to the United States Fish and Wildlife 
        Service, or an appropriate State agency, which shall manage the 
        wetlands and transition areas in accordance with proper 
        wetlands management principles so as to ensure the ecological 
        integrity of the wetlands and transition areas as wildlife 
        habitat and important components of the hydrological cycle of 
        the Passaic River basin.
    (e) Strategic Land.--
            (1) In general.--The Secretary shall acquire strategic land 
        in the State of New Jersey and the State of New York to prevent 
        flooding.
            (2) Emphasis.--In carrying out paragraph (1), the Secretary 
        shall emphasize land acquisition in the Highlands Province.
            (3) Cooperation.--The Secretary shall carry out this 
        subsection in cooperation with the Palisades Interstate Park 
        Commission, the State of New Jersey, the State of New York, and 
        other Federal agencies (including the Forest Service, the 
        United States Fish and Wildlife Service, and the National Park 
        Service).
    (f) Molly Ann's Brook.--The Secretary shall acquire land to prevent 
flooding from increasing in--
            (1) the High Mountain area in Wayne, New Jersey; and
            (2) the urban area of the Molly Ann's Brook project in 
        North Haledon, New Jersey.
    (g) Passaic River Restoration Project.--
            (1) In general.--The Secretary shall complete the Passaic 
        River Restoration Project from Little Falls to Newark Bay, New 
        Jersey.
            (2) Riparian land and parkland development.--In cooperation 
        with the Passaic River Restoration Steering Committee, the 
        Secretary shall undertake acquisition of riparian land and 
        parkland development and redevelopment in the Passaic River 
        basin.
            (3) Urban space.--The Secretary shall acquire parcels of 
        urban space, such as Hilltop in Essex County, New Jersey.
    (h) Streambank Restoration.--The Secretary shall complete the 
streambank restoration element of the project for flood control, 
Passaic River Main Stem, New Jersey and New York, authorized by section 
101(a)(18)(B) of the Water Resources Development Act of 1990 (104 Stat. 
4608), known as the ``Joseph G. Minish Passaic River Waterfront Park 
and Historic Area, New Jersey''.
    (i) Remedial Actions.--The Administrator of the Environmental 
Protection Agency shall assist the Passaic Valley Sewerage 
Commissioners in the implementation of remedial actions for the 
combined sewer overflows in the lower Passaic River Basin from the 
Great Falls to Newark Bay.
    (j) Oversight Committee.--
            (1) Establishment.--There is established a committee to be 
        known as the ``Oversight Committee'' for the implementation of 
        the preferred alternative.
            (2) Membership.--The Oversight Committee shall be composed 
        of 14 members, appointed as follows:
                    (A) Corps of engineers.--The Secretary of the Army 
                shall appoint 1 member to represent the Corps of 
                Engineers.
                    (B) Appointments by the governor of new jersey.--
                The Governor of New Jersey shall appoint 12 members, as 
                follows:
                            (i) 2 representatives of the New Jersey 
                        legislature who are members of different 
                        political parties.
                            (ii) 1 representative of the State of New 
                        Jersey.
                            (iii) 2 representatives of county 
                        government.
                            (iv) 2 representatives of local government.
                            (v) 1 representative of the Palisades 
                        Interstate Park Commission.
                            (vi) 1 representative of the North Jersey 
                        District Water Supply Commission.
                            (vii) 1 representative of each of--
                                    (I) the Association of New Jersey 
                                Environmental Commissions;
                                    (II) the Passaic River Coalition; 
                                and
                                    (III) the Sierra Club.
                    (C) Appointment by the governor of new york.--The 
                Governor of New York shall appoint a representative of 
                the State of New York.
            (3) Duties.--
                    (A) In general.--The Oversight Committee shall--
                            (i) supervise, review, and make 
                        recommendations on all elements of the 
                        preferred alternative; and
                            (ii) provide guidance on appropriations for 
                        the efficient implementation of the project.
                    (B) Primary considerations.--The Oversight 
                Committee shall primarily consider flood management 
                projects that are nonstructural and that maintain and 
                restore the ecological integrity of the river systems.
            (4) Meetings.--The Oversight Committee shall hold meetings 
        regularly.
            (5) Termination.--The Oversight Committee shall terminate 
        on the date on which the preferred alternative project is 
        completed.
            (6) Reporting.--The Oversight Committee shall annually 
        submit to the Governor of the State of New Jersey, the Governor 
        of the State of New York, and Congress a report describing the 
        achievements of the project and any impediments to completion 
        of the project.
            (7) Assistance.--The Secretary, in cooperation with the 
        State of New Jersey, shall--
                    (A) cooperate with the Oversight Committee;
                    (B) provide administrative and technical assistance 
                to the Oversight Committee; and
                    (C) respond to all requests and recommendations 
                made by the Oversight Committee in a cooperative manner 
                so as to expedite and complete the preferred 
                alternative.
    (k) Preferred Alternative.--Congress--
            (1) finds that the preferred alternative is the most 
        appropriate solution to flooding in the Passaic River basin; 
        and
            (2) directs that the preferred alternative shall be 
        implemented immediately.

SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

    (a) Floodway.--
            (1) In general.--There is authorized to be appropriated 
        $45,000,000 to begin the Federal portion of the buyout of 
        floodway structures authorized by section 301(b)(10) of the 
        Water Resources Development Act of 1996 (110 Stat. 3710).
            (2) Cost share.--The $15,000,000 made available by the 
        State of New Jersey for the Blue Acres portion of the Green 
        Acres Bond Act of 1995, approved by the voters of the State of 
        New Jersey, shall constitute the 25 percent non-Federal cost 
        share.
    (b) Acquisition of Freshwater Wetlands; Floodproofing.--There are 
authorized to be appropriated--
            (1) $3,000,000 for the acquisition of freshwater wetlands 
        in the floodplains within the Passaic River basin; and
            (2) $10,000,000 for the floodproofing of structures in the 
        floodplains within the Passaic River basin.
    (c) Acquisition of Land in the Highland Province.--
            (1) Total authorization.--There are authorized to be 
        appropriated--
                    (A) $400,000,000 for the acquisition of land in the 
                Highlands Province to reduce flooding in the Passaic 
                River basin in New Jersey; and
                    (B) $75,000,000 for the acquisition of land in the 
                Highlands Province to reduce flooding in the Passaic 
                River basin in New York.
            (2) Annual authorization.--Of the amounts authorized by 
        paragraph (1)--
                    (A) there is authorized to be appropriated 
                $40,000,000 for each fiscal year for acquisition of 
                land in the State of New Jersey; and
                    (B) there is authorized to be appropriated 
                $25,000,000 for each fiscal year for acquisition of 
                land in the State of New York.
    (d) Parkland.--There is authorized to be appropriated $300,000,000 
for the acquisition of land and the development and redevelopment of 
parkland along the Passaic River from Little Falls to Newark Bay, 
Kearny, of which $30,000,000 shall be made available for each fiscal 
year for the State of New Jersey.
    (e) Joseph G. Minish Passaic River Waterfront Park and Historic 
Area.--
            (1) In general.--There is authorized to be appropriated 
        $75,000,000 for the completion of the Joseph G. Minish Passaic 
        River Waterfront Park and Historic Area, New Jersey.
            (2) Cost share.--The Federal share of the cost of the 
        project described in paragraph (1) shall be 100 percent.
    (f) Preferred Alternative.--
            (1) In general.--There are authorized to be appropriated--
                    (A) $1,100,000 for each fiscal year for the 
                implementation of the preferred alternative and 
                administration of the Oversight Committee; and
                    (B) $5,000,000 for the acquisition of land at High 
                Mountain.
            (2) Project budget.--
                    (A) In general.--For the combined sewer project in 
                the lower Passaic River basin, a project budget shall 
                be established of $85,000,000, of which $65,000,000 
                shall be the Federal share.
                    (B) Authorization of appropriations.--There are 
                authorized to be appropriated, for the purpose of 
                making a grant to the Passaic Valley Sewerage 
                Commission--
                            (i) for fiscal year 2000, $22,000,000;
                            (ii) for fiscal year 2001, $22,000,000; and
                            (iii) for fiscal year 2002, $21,000,000.
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