[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1266 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1266

To direct the Secretary of the Interior to establish a program to build 
 on and help coordinate funding for restoration and protection efforts 
  of the 4-State Delaware River Basin region, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 23, 2011

 Mr. Carper (for himself, Mr. Coons, Mr. Menendez, Mr. Lautenberg, Mr. 
Schumer, Mrs. Gillibrand, and Mr. Casey) introduced the following bill; 
 which was read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 A BILL


 
To direct the Secretary of the Interior to establish a program to build 
 on and help coordinate funding for restoration and protection efforts 
  of the 4-State Delaware River Basin region, 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 ``Delaware River Basin Conservation 
Act of 2011''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) the Delaware River Basin is a national treasure of 
        great cultural, environmental, and ecological importance;
            (2) the Basin contains over 12,500 square miles of land in 
        the States of Delaware, New Jersey, New York, and Pennsylvania, 
        including nearly 800 square miles of bay and more than 2,000 
        tributary rivers and streams;
            (3) the Basin is home to more than 8,000,000 people who 
        depend on the Delaware River and the Delaware Bay as an 
        economic engine, a place of recreation, and a vital habitat for 
        fish and wildlife;
            (4) the Basin provides clean drinking water to more than 
        15,000,000 people, including New York City, which relies on the 
        Basin for approximately half of the drinking water supply of 
        the city, and Philadelphia, whose most significant threat to 
        the drinking water supply of the city is forest clearing in the 
        Upper Basin, according to a study conducted by the Philadelphia 
        Water Department;
            (5) almost 180 species of fish and wildlife are considered 
        special status species in the Basin due to habitat loss and 
        degradation, particularly sturgeon, eastern oyster, and red 
        knots, which have been identified as unique species in need of 
        habitat improvement;
            (6) the Basin provides habitat for over 200 resident and 
        migrant fish species, includes significant recreational 
        fisheries, and is a prolific source of eastern oyster, blue 
        crab, and the largest population of the American horseshoe 
        crab;
            (7) as of the date of enactment of this Act, oyster 
        landings in the Delaware Bay are at 100,000 bushels, down from 
        the 500,000 bushels that were harvested in the 1980s, due, in 
        part, to water pollution and disease;
            (8) the Delaware Bay has the second largest concentration 
        of shorebirds in North America and is designated as 1 of the 4 
        most important shorebird migration sites in the world;
            (9) the Basin, 50 percent of which is forested, also has 
        1,000,000 acres of wetland, more than 126,000 acres of which 
        are recognized as internationally important, resulting in a 
        landscape that provides essential ecosystem services, including 
        recreation, commercial, and water quality benefits;
            (10) much of the remaining exemplary natural landscape in 
        the Basin is vulnerable to further degradation, as the Basin 
        gains approximately 14 square miles of developed land annually, 
        and with new development, urban watersheds are increasingly 
        covered by impervious surfaces, amplifying the quantity of 
        polluted runoff into rivers and streams;
            (11) the Delaware River is the longest undammed river east 
        of the Mississippi, and a critical component of the National 
        Wild and Scenic Rivers System in the Northeast;
            (12) management of water volume in the Basin is critical to 
        flood mitigation and habitat for fish and wildlife, and 
        following 3 major floods along the Delaware River since 2004, 
        the Governors of the States of Delaware, New Jersey, New York, 
        and Pennsylvania have called for natural flood damage reduction 
        measures to combat the problem, including restoring the 
        function of riparian corridors;
            (13) the Delaware River Port Complex (including docking 
        facilities in the States of Delaware, New Jersey, and 
        Pennsylvania) is the largest freshwater port in the world, the 
        Port of Philadelphia handles the largest volume of 
        international tonnage and 70 percent of the oil shipped to the 
        East Coast, and the Port of Wilmington, a full-service 
        deepwater port and marine terminal, is the busiest terminal on 
        the Delaware River, handling more than 400 vessels per year 
        with an annual import/export cargo tonnage of more than 
        4,000,000 tons;
            (14) the Delaware Estuary, where freshwater from the 
        Delaware River mixes with saltwater from the Atlantic Ocean, is 
        1 of the largest and most complex of the 28 estuaries in the 
        National Estuary Program, and the Partnership for the Delaware 
        Estuary works to improve the environmental health of the 
        Delaware Estuary;
            (15) the Delaware River Basin Commission is a Federal-
        interstate compact government agency charged with overseeing a 
        unified approach to managing the river system and implementing 
        important water resources management projects and activities 
        throughout the Basin that are in the national interest; and
            (16) restoration activities in the Basin are supported 
        through several Federal and State agency programs, and funding 
        for those important programs should continue and complement the 
        establishment of the Delaware River Basin Restoration Program, 
        which is intended to build on and help coordinate restoration 
        and protection funding mechanisms at the Federal, State, 
        regional, and local levels.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Basin.--The term ``Basin'' means the 4-State Delaware 
        Basin region, including all of Delaware Bay and portions of the 
        States of Delaware, New Jersey, New York, and Pennsylvania 
        located in the Delaware River watershed.
            (2) Basin state.--The term ``Basin State'' means each of 
        the States of Delaware, New Jersey, New York, and Pennsylvania.
            (3) Director.--The term ``Director'' means the Director of 
        the United States Fish and Wildlife Service.
            (4) Foundation.--The term ``Foundation'' means the National 
        Fish and Wildlife Foundation, a congressionally chartered 
        foundation established by section 2 of the National Fish and 
        Wildlife Foundation Establishment Act (16 U.S.C. 3701).
            (5) Grant program.--The term ``grant program'' means the 
        Delaware River Basin restoration grant program established 
        under section 5.
            (6) Program.--The term ``program'' means the Delaware River 
        Basin restoration program established under section 4.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Director.
            (8) Service.--The term ``Service'' means the United States 
        Fish and Wildlife Service.

SEC. 4. PROGRAM ESTABLISHMENT.

    (a) Establishment.--Not later than 180 days after amounts are made 
available to carry out this Act, the Secretary shall establish a 
program to be known as the ``Delaware River Basin restoration 
program''.
    (b) Duties.--In carrying out the program, the Secretary shall--
            (1) draw on existing and new management plans for the Basin 
        and work in consultation with applicable management entities, 
        including representatives of the Partnership for the Delaware 
        Estuary, the Delaware River Basin Commission, the Federal 
        Government, and other State and local governments, and regional 
        and nonprofit organizations, as appropriate, to identify, 
        prioritize, and implement restoration and protection activities 
        within the Basin;
            (2) adopt an investment strategy that--
                    (A) supports the implementation of a shared set of 
                restoration and protection activities developed in 
                accordance with paragraph (1);
                    (B) targets cost-effective conservation projects; 
                and
                    (C) supports measurable conservation efforts;
            (3) establish the grant program in accordance with section 
        5; and
            (4) provide for technical assistance in accordance with 
        this Act.
    (c) Coordination.--In establishing the program, the Secretary shall 
consult, as appropriate, with--
            (1) the heads of Federal agencies, including--
                    (A) the Administrator of the Environmental 
                Protection Agency;
                    (B) the Administrator of the National Oceanic 
                Atmospheric Administration;
                    (C) the Chief of the Natural Resource Conservation 
                Service;
                    (D) the Chief of Engineers of the United States 
                Army Corps of Engineers;
                    (E) the Director of the National Park Service; and
                    (F) the head of any other applicable agency;
            (2) the Governors of the Basin States;
            (3) the Partnership for the Delaware Estuary;
            (4) the Delaware River Basin Commission;
            (5) fish and wildlife joint venture partnerships; and
            (6) other public agencies and organizations with authority 
        for the planning and implementation of conservation strategies 
        in the Basin.
    (d) Purposes.--The purposes of the program include--
            (1) coordinating restoration and protection activities 
        among Federal, State, local, and regional entities and 
        conservation partners throughout the Basin;
            (2) carrying out coordinated restoration and protection 
        activities throughout the Basin and Basin States--
                    (A) to sustain and enhance habitat restoration and 
                protection activities;
                    (B) to sustain and enhance water quality 
                improvements, including drinking water quality;
                    (C) to sustain and enhance water management and 
                flood damage mitigation improvements to benefit fish 
                and wildlife habitat;
                    (D) to improve opportunities for public access and 
                recreation in the Basin;
                    (E) to encourage environmentally sensitive land use 
                planning and development;
                    (F) to increase the capacity to implement 
                coordinated restoration and protection activities in 
                the Basin by conducting public outreach and education 
                and promoting citizen involvement; and
                    (G) to coordinate, conduct, and support the 
                planning, monitoring, and research activities necessary 
                to carry out coordinated restoration and protection 
                activities; and
            (3) providing competitive grants for technical assistance 
        to carry out restoration and protection activities in the 
        Basin, with priority given to activities with multiple 
        benefits, including habitat, water quality, and flood 
        protection.

SEC. 5. GRANTS AND ASSISTANCE.

    (a) Delaware River Basin Restoration Program.--To the extent that 
funds are available to carry out this section, the Secretary shall 
establish a grant program to be known as the ``Delaware River Basin 
restoration grant program'' to provide competitive matching grants of 
varying amounts to State and local governments, nonprofit 
organizations, community organizations, institutions of higher 
education, and other eligible entities to carry out activities 
described in section 4(d).
    (b) Criteria.--The Secretary, in consultation with the 
organizations described in section 4(c), shall develop criteria for the 
grant program to help ensure that activities funded under this section 
accomplish 1 or more of the following:
            (1) Restoration or protection of fish and wildlife species 
        and the habitats of those species.
            (2) Improvement or protection of water quality by reducing 
        nonpoint and point source pollutants.
            (3) Reduction or improvement of the management of water 
        volume and flooding.
            (4) Inclusion of priority needs or actions identified in 
        the single investment strategy adopted under section 4(b)(2).
            (5) Inclusion of restoration and protection activities with 
        multiple benefits in the Basin, including habitat, water 
        quality, and flood damage reduction.
    (c) Cost Sharing.--
            (1) Federal share.--The Federal share of the cost of a 
        project funded under the grant program shall not exceed 75 
        percent of the total cost of the activity, as determined by the 
        Secretary.
            (2) Non-federal share.--The non-Federal share of the cost 
        of a project funded under the grant program may be provided in 
        cash or in the form of an in-kind contribution of services or 
        materials.
    (d) Administration.--
            (1) In general.--The Secretary may enter into an agreement 
        to manage the grant program with the National Fish and Wildlife 
        Foundation or a similar organization with applicable expertise.
            (2) Funding.--If the Secretary enters into an agreement 
        under paragraph (1), the organization selected shall--
                    (A) for each fiscal year, receive amounts to carry 
                out this section in an advance payment of the entire 
                amount on October 1, or as soon as practicable 
                thereafter, of that fiscal year;
                    (B) invest and reinvest those amounts for the 
                benefit of the grant program; and
                    (C) otherwise administer the grant program to 
                support partnerships between the public and private 
                sectors in accordance with this Act.
            (3) Requirements.--If the Secretary enters into an 
        agreement with the Foundation under paragraph (1), any amounts 
        received by the Foundation under this section shall be subject 
        to the National Fish and Wildlife Foundation Establishment Act 
        (16 U.S.C. 3701 et seq.), excluding section 10(a) of that Act 
        (16 U.S.C. 3709(a)).
    (e) Technical Assistance.--The Secretary may provide, or provide 
for, technical assistance to carry out this section, on a 
nonreimbursable basis, to--
            (1) other Federal agencies;
            (2) State and local governments;
            (3) nonprofit organizations;
            (4) community organizations;
            (5) institutions of higher education; or
            (6) other entities, as the Secretary determines to be 
        appropriate.

SEC. 6. ANNUAL REPORTS.

    Not later than 180 days after the date of enactment of this Act and 
annually thereafter, the Secretary shall submit to Congress a report on 
the implementation of this Act, including a description of each project 
that has received funding under this Act.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to the 
Secretary to carry out this Act $5,000,000 for each of fiscal years 
2012 through 2017.
    (b) Use.--Of any amount made available for each fiscal year, the 
Secretary shall use at least 75 percent to carry out the grant program 
and to provide, or provide for, technical assistance under section 
5(e).
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