[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5927 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 5927

   To authorize the Secretary of Interior to carry out projects and 
 conduct research on water resources in the Hudson-Mohawk River Basin, 
  to establish a Hudson-Mohawk River Basin Commission, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 7, 2012

  Mr. Tonko introduced the following bill; which was referred to the 
  Committee on Natural Resources, and in addition to the Committee on 
  Transportation and Infrastructure, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
   To authorize the Secretary of Interior to carry out projects and 
 conduct research on water resources in the Hudson-Mohawk River Basin, 
  to establish a Hudson-Mohawk River Basin Commission, 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 ``Hudson-Mohawk River Basin Act of 
2012''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The Hudson-Mohawk River Basin together with the Erie 
        Canal connects the Great Lakes to the Atlantic Ocean and 
        includes the 13,400 square mile area encompassing five large 
        sub-basins: the Upper Hudson River sub-basin, the Mohawk River 
        sub-basin, the Lower Hudson River sub-basin, the Passaic River 
        sub-basin, and the Raritan River sub-basin.
            (2) The Hudson-Mohawk River Basin played an essential role 
        in the birth of our Nation and its westward expansion. The 
        water of the Hudson-Mohawk Basin is the ink used to write the 
        early United States history of European settlement and the 
        American Revolution. The Basin's rivers served as a major 
        transportation corridor connecting the communities along it 
        from the Atlantic Ocean to the Great Lakes.
            (3) The Hudson-Mohawk River Basin includes the largest 
        metropolitan area of the country: the New York-New Jersey 
        metropolitan area. This metropolitan area, together with the 
        many communities in the Upper Hudson, Mohawk, and Lower Hudson 
        sub-basins, makes the area one of the most densely and heavily 
        populated river basins in the country with over 15,000,000 
        people.
            (4) The water resources of the Hudson-Mohawk River Basin 
        are functionally interrelated and their uses are 
        interdependent. A single entity is essential to provide 
        effective communication, coordination, and cooperation among 
        Federal, State, and local governments, non-governmental 
        organizations, and the private sector for this area.
            (5) The New York-New Jersey Harbor Estuary is a complex 
        natural harbor at the junction of three major water bodies, the 
        New York Bight, the Hudson River and the Long Island Sound. In 
        addition, it receives freshwater inputs from the Raritan and 
        Passaic Rivers. The health and productivity of the New York 
        Bight is affected directly by the quality of the freshwater 
        inputs to the estuary from the Hudson, Passaic, and Raritan 
        Rivers.
            (6) The headwaters of the Hudson originate within the 
        Adirondack Mountains, a treasured northeastern wilderness area, 
        protected under the New York State constitution since 1894. The 
        Hudson's path south through the Hudson River Highlands, and the 
        Mohawk's path south east to its junction with the Hudson, 
        provides the only natural break in the Appalachian Mountain 
        chain.
            (7) The Mohawk Valley's abundant natural resources, and 
        fertile floodplain soils provided a rich endowment that first 
        supported the Mohawk nation and the Iroquois Confederacy and 
        later supported European settlement and the development of 
        industry and commerce.
            (8) The Mohawk River and its watershed drain directly into 
        the Hudson River providing the largest freshwater input to the 
        brackish water mix that characterizes the Hudson River Estuary 
        and supports a biologically rich and productive ecosystem.
            (9) The Mohawk River is integrated with the Erie Canal 
        along much of its channel. Therefore, tying the operation of 
        the Canal system to the health of the Mohawk and the Hudson 
        Rivers.
            (10) Individuals in many communities throughout the Basin 
        have experienced devastating flooding that led to tremendous 
        costs for businesses, State, and local governments. A holistic 
        approach to river and stream monitoring, updated floodplain 
        maps, and development of floodplain management strategies based 
        upon improved understanding of the Basin's hydrology would make 
        communities safer and more resistant and resilient to flood 
        events.
            (11) Each of the subwatersheds of the Hudson-Mohawk River 
        Basin receives support of programs administered by Federal, 
        State, regional, and local organizations.
            (12) There has been little integration of planning and 
        program implementation to address the Hudson-Mohawk River Basin 
        in a holistic manner.
            (13) New York, New Jersey, Vermont, Massachusetts, and 
        Connecticut have a long history of achievements working 
        together on resource management issues through their 
        memberships in the Delaware River Basin Commission, the 
        Susquehanna River Basin Commission, the Appalachian Regional 
        Commission, the New England Interstate Water Pollution Control 
        Commission, and the Lake Champlain Basin Program.
            (14) Development and implementation of projects to control 
        flooding and improve water quality must be done with the full 
        participation of local communities and citizens, address the 
        needs they identify, and be conducted in a manner that respects 
        private property and is consistent with the authorities of 
        state and local jurisdictions.

SEC. 3. DEFINITIONS.

    (a) Hudson-Mohawk River Basin.--The term ``Hudson-Mohawk River 
Basin'' means the area of drainage of the Hudson, Mohawk, Passaic and 
Raritan Rivers and their tributaries into the New York-New Jersey 
Harbor Estuary. This includes areas in New York, New Jersey, Vermont, 
Massachusetts, and Connecticut.
    (b) Commission.--The term ``Commission'' means the Hudson-Mohawk 
River Basin Commission established under section 4.
    (c) Water Resources.--The term ``water resources'' means all 
surface waters and ground waters contained or otherwise originating 
within the Hudson-Mohawk River Basin.

SEC. 4. HUDSON-MOHAWK RIVER BASIN COMMISSION.

    (a) Establishment.--The President shall--
            (1) establish the Hudson-Mohawk River Basin Commission in 
        cooperation with the Governors of the States included in the 
        Hudson-Mohawk River Basin to coordinate activities being 
        undertaken by the States, advisory committees, local 
        governments, institutions of higher education, and non-
        governmental organizations to address environmental, economic, 
        and cultural issues associated with the management and use of 
        resources in the Hudson-Mohawk Watershed; and
            (2) designate the Secretary of Interior to serve as a 
        member of the Commission and as coordinator of participation of 
        relevant Federal agencies in the activities of the Commission.
    (b) Membership.--The Commission shall include a Federal 
representative designated by the President, and the Governors of the 5 
States whose territory is encompassed by the Hudson-Mohawk River Basin 
and its associated ground waters; New York, New Jersey, Connecticut, 
Massachusetts, and Vermont. Each of the 4 Governors shall appoint an 
alternate to act on the Governor's behalf including attendance at 
meetings of the Commission and with the power to vote in the absence of 
the member.
    (c) Duties of the Commission.--The Commission shall--
            (1) develop and implement plans, policies, and projects 
        relating to the water resources of the Hudson-Mohawk River 
        Basin;
            (2) adopt and promote uniform and coordinated policies for 
        management and conservation of water resources in the Hudson-
        Mohawk River Basin;
            (3) adopt an annual capital budget, including all projects 
        the Commission proposes to undertake or continue during the 
        budget period with a statement of the estimated cost of each 
        project and the method of financing the project; and
            (4) coordinate and direct the development, implementation, 
        operation, and financing of water resources projects consistent 
        with its plans and policies.

SEC. 5. COMPREHENSIVE PLAN.

    (a) Plan Development.--The Commission shall develop and adopt a 
comprehensive plan for the development and use of water resources of 
the Hudson-Mohawk River Basin. In developing the plan the Commission 
shall--
            (1) consult with State and Federal agencies with 
        jurisdiction over water resources, local governments, non-
        governmental organizations, public utilities, water users, and 
        other interested parties;
            (2) prior to adoption of the plan or any subsequent 
        revision of the plan, publish a draft plan and provide 
        opportunity for public comment; and
            (3) periodically review and revise the plan.
    (b) Plan Contents.--The plan shall address all projects and 
facilities required for development, conservation, use, management, and 
control of the water resources of the Hudson-Mohawk River Basin to meet 
present and future needs. The plan shall--
            (1) identify water resource needs in the Hudson-Mohawk 
        River Basin related to water supply, water quality, flooding, 
        ecosystems, fisheries, energy production, navigation, 
        recreation, agriculture, and economic development and establish 
        goals for protection or enhancement of water resources to 
        address the identified needs;
            (2) inventory the historic and cultural resources of the 
        Hudson-Mohawk River Basin and identify projects to provide for 
        cultural enrichment, preservation of cultural resources, public 
        education about local heritage and historical significance of 
        properties, canals, and other historic sites within the Hudson-
        Mohawk River Basin;
            (3) provide a comprehensive assessment of the status of 
        water resources in the Hudson-Mohawk River Basin and identify 
        additional research and information required to support 
        management of water resources in the Hudson-Mohawk River Basin; 
        and
            (4) provide a mechanism to promote communication and 
        coordination among the organizations engaged in water resource 
        management activities to encourage efficient use of scarce 
        resources, avoid conflicts and inconsistencies, to promote 
        consistent and fair treatment of all water users, and to 
        promote collaborative working relationships among all entities 
        working in the Hudson-Mohawk River Basin.

SEC. 6. WATER RESOURCES PROGRAM.

    The Commission shall adopt a water resources program on an annual 
basis, based upon the comprehensive plan, that identifies specific 
projects and facilities to be undertaken by the Commission, other 
governmental and private entities, educational institutions, non-
governmental organizations, and individuals during the immediate 5-year 
period. The water resources program shall include a systematic 
presentation for each of the five sub-basins of--
            (1) the specific needs to be addressed by the water 
        resources program;
            (2) the existing and proposed projects, studies, and 
        facilities required to satisfy the identified needs;
            (3) the subset of projects and studies that will be 
        undertaken by the Commission during such period; and
            (4) the budget for the identified projects and studies.

SEC. 7. SAVINGS PROVISIONS.

    Nothing in this Act shall be construed to repeal, modify, or limit 
the authority of--
            (1) the Federal Government or the State government members 
        of the Commission to enact legislation or enforce any 
        additional conditions or restrictions within their 
        jurisdictions; and
            (2) local governments to regulate land use as provided for 
        by law or regulation.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    (a) Commission.--There is authorized to be appropriated to the 
Commission $500,000 for each fiscal year to carry out the duties of the 
Commission.
    (b) Comprehensive Plan.--There is authorized to be appropriated to 
the Secretary of Interior $25,000,000 for each of fiscal years 2014 
through 2020 to carry out projects consistent with the comprehensive 
plan that are identified in the annual Hudson-Mohawk Water Resources 
Program adopted by the Commission in accordance with section 6.
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