[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8348 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 8348

    To direct restoration and protection of the New York-New Jersey 
   watersheds and estuaries hydrologically connected to New York-New 
                 Jersey Harbor, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 22, 2020

 Mr. Tonko (for himself, Mr. Serrano, Mr. Engel, Mrs. Watson Coleman, 
 Mr. Payne, Mr. Van Drew, and Mr. Malinowski) introduced the following 
     bill; which was referred to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


 
    To direct restoration and protection of the New York-New Jersey 
   watersheds and estuaries hydrologically connected to New York-New 
                 Jersey Harbor, 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 ``New York-New Jersey Watershed 
Protection Act''.

SEC. 2. FINDINGS.

     Congress finds the following:
            (1) The New York-New Jersey Watershed, which encompasses 
        all the watersheds that flow into New York-New Jersey Harbor 
        and their associated estuaries, such as the Hudson, Mohawk, 
        Raritan, Passaic, Hackensack, and Bronx River Watersheds and 
        the Hudson River Estuary, provide multiple benefits to diverse 
        stakeholders including regarding fisheries and wildlife, 
        conservation of natural resources and public and private lands, 
        critical urban greenspaces and quality of life, and 
        conservation of ocean and coastal resources.
            (2) These resources support one of the most densely 
        populated and economically important regions in the country.
            (3) Managing this public resource and its many services 
        requires leadership from the Department of the Interior and 
        coordination among other Federal agencies, two States, hundreds 
        of counties, cities and towns, and millions of property owners.
            (4) These ongoing challenges are compounded by the likely 
        impacts of rising air and water temperatures, increases in 
        incidences of extreme weather from large storms to rainfall, 
        and rising sea levels.
            (5) The New York-New Jersey Harbor contributes 
        $8,500,000,000 annually in Federal, State, and local tax 
        revenue and is directly or indirectly responsible for 629,000 
        jobs with $90,500,000,000 in annual personal and business 
        wages.
            (6) The New York-New Jersey Watershed supports multiple 
        industries that attract over $60,700,000,000 in annual revenue 
        through tourism, commercial fishing, and recreational 
        activities.
            (7) The Mohawk River's water resources play an important 
        role in tourism, shipping, and related businesses, with tourism 
        alone valued at more than $1,340,000,000 annually.
            (8) Management of the shorelines of the New York-New Jersey 
        Watershed is critical to flood mitigation and habitat for fish 
        and wildlife. Further, following the loss of life and billions 
        of dollars of damages caused by Hurricanes Sandy, Irene and 
        Lee, Federal, State, and local governments recognize that 
        natural and nature-based flood hazard mitigation measures, 
        including living shorelines and restoring the function of 
        riparian corridors, are cost-effective solutions.
            (9) Restoration activities in the New York-New Jersey 
        Watershed are supported through several Federal and State 
        programs, and funding for those important programs should 
        continue and complement the establishment of the New York-New 
        Jersey Watershed Restoration Program, which is intended to 
        build on and help coordinate restoration and protection funding 
        mechanisms at the Federal, State, regional, and local levels.
            (10) Millions of people rely on the Mohawk, Raritan, and 
        Hackensack Rivers as sources of drinking water.
            (11) The New York-New Jersey Watershed supports Federal 
        threatened species and endangered species, including the 
        shortnose sturgeon and Atlantic sturgeon.
            (12) Many residents of the region of the New York-New 
        Jersey Watershed live in communities lacking in environmental 
        justice, where access to and enjoyment of fish, wildlife, clean 
        water, and other natural resources have been impaired or 
        compromised.
            (13) Drawing on existing management plans and existing and 
        ongoing voluntary conservation efforts in the New York-New 
        Jersey Watershed will improve efficiency and cost-
        effectiveness, as well as increase private-sector investments 
        and coordination of Federal and non-Federal resources.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Approved plans.--The term ``approved plan''--
                    (A) means any plan for management of the New York-
                New Jersey Watershed--
                            (i) that has been approved by a Federal, 
                        regional, State, or local governmental entity; 
                        or
                            (ii) that is determined by the Director, in 
                        consultation with such entities, to contribute 
                        to the achievement of the purposes of this Act; 
                        and
                    (B) includes the New York-New Jersey Harbor & 
                Estuary Program (HEP) Action Agenda, the Hudson Raritan 
                Comprehensive Restoration Plan, the Hudson River 
                Comprehensive Restoration Plan, the Hudson River 
                Estuary Program Action Agenda, the Mohawk River Action 
                Agenda, the Sustainable Raritan River Initiative Action 
                Plan, the Lower Passaic and Bronx & Harlem Federal 
                Urban Waters Partnership Workplans, the New Jersey 
                Sports and Exhibition Authority Meadowlands Restoration 
                Plan, as well as other critical conservation projects 
                in the region that achieve the purposes of this Act.
            (2) Director.--The term ``Director'' means the Director of 
        the United States Fish and Wildlife Service.
            (3) Environmental justice.--The term ``environmental 
        justice'' means the fair treatment and meaningful involvement 
        of all people regardless of race, color, national origin, or 
        income, with respect to the development, implementation, and 
        enforcement of environmental laws, regulations, and policies.
            (4) Foundation.--The term ``Foundation'' means the National 
        Fish and Wildlife Foundation.
            (5) Grant program.--The term ``grant program'' means the 
        voluntary New York-New Jersey Watershed Restoration Grant 
        Program established under section 5.
            (6) Program.--The term ``program'' means the New York-New 
        Jersey Watershed Restoration Program established under section 
        4.
            (7) Restoration and protection.--The term ``restoration and 
        protection'' means the conservation, stewardship, and 
        enhancement of habitat for fish and wildlife and water quality 
        to preserve and improve ecosystems and ecological processes on 
        which they depend and for use and enjoyment by the public.
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Director.
            (9) Service.--The term ``Service'' means the United States 
        Fish and Wildlife Service.
            (10) Watershed.--The term ``Watershed'' means the New York-
        New Jersey Watershed, which is comprised of all land area whose 
        surface water drains into New York-New Jersey Harbor, the 
        waters contained within that land area, and the estuaries 
        associated with those watersheds.

SEC. 4. PROGRAM ESTABLISHMENT.

    (a) Establishment.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall establish a nonregulatory 
program to be known as the ``New York-New Jersey Watershed Restoration 
Program''.
    (b) Duties.--In carrying out the program, the Secretary shall--
            (1) draw on existing and new approved plans for the 
        Watershed, or portions of the Watershed, and work in 
        consultation with applicable management entities, including 
        representatives of the New York-New Jersey Harbor and Estuary 
        Program (HEP), Hudson River Estuary Program, Mohawk River Basin 
        Program, Sustainable Raritan River Initiative, 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 Watershed; and
            (2) adopt a Watershed-wide strategy that--
                    (A) supports the implementation of a shared set of 
                science-based restoration and protection activities 
                developed in accordance with paragraph (1);
                    (B) targets cost-effective projects with measurable 
                results;
                    (C) maximizes conservation outcomes;
                    (D) recognizes the needs of communities lacking in 
                environmental justice; and
                    (E) establishes the voluntary grant and technical 
                assistance programs authorized in this Act.
    (c) Consultation.--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 and 
                Atmospheric Administration;
                    (C) the Chief of the Natural Resources Conservation 
                Service; and
                    (D) the Director of the National Park Service;
            (2) the Governors of New York and New Jersey;
            (3) the New York-New Jersey Harbor & Estuary Program; and
            (4) other public agencies and organizations with authority 
        for the planning and implementation of conservation strategies 
        in the Watershed.
    (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 Watershed;
            (2) carrying out coordinated restoration and protection 
        activities, and providing for technical assistance throughout 
        the Watershed--
                    (A) to sustain and enhance fish and wildlife 
                habitat restoration and protection activities;
                    (B) to improve and maintain water quality to 
                support fish, wildlife, and their habitat, as well as 
                to improve opportunities for public access and 
                recreation in the Watershed consistent with the 
                ecological needs of fish and wildlife habitat;
                    (C) to advance the use of natural and nature-based 
                features, living shoreline, and other green 
                infrastructure techniques to maximize the resilience of 
                communities, natural systems, and habitats under 
                changing sea levels, storm risks, and watershed 
                conditions;
                    (D) to engage the public, particularly communities 
                lacking in environmental justice, through outreach, 
                education, and community involvement to increase 
                capacity and support for coordinated restoration and 
                protection activities in the Watershed;
                    (E) to increase scientific capacity to support the 
                planning, monitoring, and research activities necessary 
                to carry out coordinated restoration and protection 
                activities;
                    (F) to provide for feasibility and planning studies 
                for green infrastructure projects that achieve habitat 
                restoration and stormwater management goals;
                    (G) to support land conservation and management 
                activities necessary to fulfill the Watershed-wide 
                strategy adopted under subsection (b);
                    (H) to provide technical assistance to carry out 
                restoration and protection activities in the Watershed;
                    (I) to monitor environmental quality to assess 
                progress toward the goals of this Act; and
                    (J) to improve fish and wildlife habitats, as well 
                as opportunities for personal recreation, along rivers 
                and shore fronts within communities lacking in 
                environmental justice; and
            (3) other activities necessary for the implementation of 
        approved plans.

SEC. 5. NEW YORK-NEW JERSEY WATERSHED RESTORATION GRANT PROGRAM.

    (a) Establishment.--The Secretary shall establish a voluntary grant 
and technical assistance program, to be known as the ``New York-New 
Jersey Watershed Restoration Grant Program'', to provide competitive 
matching grants of varying amounts to State and local governments, 
nonprofit organizations, institutions of higher education, and other 
eligible entities to carry out restoration and protection activities 
for the Watershed.
    (b) Criteria.--The Secretary, in consultation with the agencies, 
organizations, and other persons referred to in section 4(c), shall 
develop criteria for the grant program to help ensure that activities 
funded under this section accomplish one or more of the purposes of 
this Act.
    (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 that offers grant 
        management services.
            (2) Funding.--If the Secretary enters into an agreement 
        under paragraph (1), the organization selected shall--
                    (A) for each fiscal year, receive amounts made 
                available to carry out this section in an advance 
                payment of the entire amounts on October 1 of that 
                fiscal year, or as soon as practicable thereafter;
                    (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)).

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 the Congress a 
report on the implementation of this Act, including a description of 
each project that has received funding under this Act in the preceding 
fiscal year.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to the 
Secretary to carry out this Act $50,000,000 for each of fiscal years 
2021 through 2026.
    (b) Use for Grant Program.--Of any amount made available under this 
section for each fiscal year, the Secretary shall use at least 75 
percent to carry out the grant program under section 5 and to provide, 
or provide for, technical assistance under such program.
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