1.This Act may be cited as the
Hudson-Mohawk River Basin Act of
2012
.
2.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.
3.
(a)Hudson-Mohawk
river basinThe 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)The
term Commission means the Hudson-Mohawk River Basin Commission
established under section 4.
(c)The term water resources means all surface
waters and ground waters contained or otherwise originating within the
Hudson-Mohawk River Basin.
4.Hudson-Mohawk
River Basin Commission
(a)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)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)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.
5.
(a)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)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.
6.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.
7.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.
8.Authorization of
appropriations
(a)There is authorized to be appropriated to
the Commission $500,000 for each fiscal year to carry out the duties of the
Commission.
(b)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.