[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4677 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 417
117th CONGRESS
  2d Session
                                H. R. 4677

                          [Report No. 117-576]

    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

                             July 22, 2021

  Mr. Tonko introduced the following bill; which was referred to the 
                     Committee on Natural Resources

                           November 16, 2022

 Additional sponsors: Mr. Nadler, Ms. Velazquez, Mr. Van Drew, Mr. Kim 
   of New Jersey, Mr. Jones, Mrs. Watson Coleman, Mr. Espaillat, Mr. 
 Delgado, Mr. Sean Patrick Maloney of New York, Ms. Ocasio-Cortez, Mr. 
 Torres of New York, Ms. Meng, Mr. Bowman, Ms. Clarke of New York, Mr. 
  Malinowski, Mr. Meeks, Mr. Jeffries, Mrs. Carolyn B. Maloney of New 
York, Mr. Gottheimer, Mr. Pascrell, Miss Rice of New York, Mr. Suozzi, 
  Mr. Smith of New Jersey, Mr. Payne, Mr. Norcross, Mr. Pallone, Mr. 
                       Sires, and Ms. Malliotakis

                           November 16, 2022

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on July 
                               22, 2021]


_______________________________________________________________________

                                 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. 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, Tribal, or local governmental 
                        entity, including but not limited to State 
                        Wildlife Action Plans, Comprehensive 
                        Conservation Management Plans, Watershed 
                        Improvement Plans; 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 Hudson River Park 
                Trust Estuarine Sanctuary Management Plan, 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 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 4.
            (6) Program.--The term ``program'' means the New York-New 
        Jersey Watershed Restoration Program established under section 
        3.
            (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. 3. 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) prioritizes the needs of communities lacking in 
                environmental justice; and
                    (E) establishes the voluntary grant and technical 
                assistance programs authorized in this Act.
    (c) Consultation and Coordination.--In establishing the program, 
the Secretary shall, as appropriate--
            (1) consult with--
                    (A) the heads of Federal agencies, including--
                            (i) the Administrator of the Environmental 
                        Protection Agency;
                            (ii) the Administrator of the National 
                        Oceanic and Atmospheric Administration;
                            (iii) the Secretary of the U.S. Department 
                        of Agriculture;
                            (iv) the Director of the National Park 
                        Service; and
                            (v) other agencies, as appropriate; and
                    (B) Indian Tribes; and
            (2) coordinate with--
                    (A) the Governors of New York and New Jersey, along 
                with the Commissioner of the New York State Department 
                of Environmental Conservation and the Director of the 
                New Jersey Division of Fish and Wildlife;
                    (B) the New York-New Jersey Harbor & Estuary 
                Program; and
                    (C) 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, Tribal, 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, natural climate solutions, 
                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 
                experiencing environmental injustice, 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 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 experiencing 
                environmental injustice; and
            (3) other activities necessary for the implementation of 
        approved plans.

SEC. 4. 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, Tribal and local 
governments, nonprofit organizations, institutions of higher education, 
and other eligible entities to carry out activities described in 
section 3(d)(2).
    (b) Criteria.--The Secretary, in consultation with the agencies, 
organizations, and other persons referred to in section 3(c), shall 
develop criteria for the grant program to help ensure that activities 
funded under this section accomplish one or more of the purposes 
identified in section 3(d)(2) and advance the implementation of 
priority actions or needs identified in the Watershed-wide strategy 
adopted under section 3(b)(2).
    (c) Capacity Building.--The Secretary shall include grant program 
provisions designed to increase the effectiveness of organizations that 
work at the nexus of natural resource and community health issues 
within the New York-New Jersey Watershed by addressing organizational 
capacity needs.
    (d) Cost Sharing.--
            (1) Department of the interior share.--The Department of 
        the Interior 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-department of the interior share.--
                    (A) In general.--The non-Department of the Interior 
                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.
                    (B) Other federal funding.--Non-Department of the 
                Interior Federal funds may be used for not more than 25 
                percent of the total cost of a project funded under the 
                grant program.
            (3) Waiver.--The Secretary may waive all or part of the 
        matching requirement under section 4(d) if the Secretary 
        determines that--
                    (A) no reasonable means are available through which 
                an applicant can meet the matching requirement; and
                    (B) the probable benefit of the project outweighs 
                the public interest in the matching requirement.
    (e) 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. 5. 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 in the preceding fiscal year.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to the 
Secretary to carry out this Act $25,000,000 for each of fiscal years 
2022 through 2027.
    (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 4 and to provide, 
or provide for, technical assistance under such program.
                                                 Union Calendar No. 417

117th CONGRESS

  2d Session

                               H. R. 4677

                          [Report No. 117-576]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           November 16, 2022

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed