[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5926-S5928]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6402. Mr. BOOKER (for himself, Mrs. Gillibrand, Mr. Menendez, and
Mr. Schumer) submitted an amendment intended to be proposed to
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe)
and intended to be proposed to the bill H.R. 7900, to authorize
appropriations for fiscal year 2023 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 10__. NEW YORK-NEW JERSEY WATERSHED PROTECTION.
(a) Definitions.--In this section:
(1) Approved plan.--
(A) In general.--The term ``approved plan'' means any plan
for management of the Watershed--
(i) that has been approved by a Federal, regional, State,
Tribal, or local governmental entity, including State
Wildlife Action Plans, Comprehensive Conservation Management
Plans, and Watershed Improvement Plans; or
(ii) that is determined by the Secretary, in consultation
with the entities described in clause (i), to contribute to
the achievement of the purposes of this section.
(B) Inclusions.--The term ``approved plan'' includes--
(i) the New York-New Jersey Harbor & Estuary Program (HEP)
Action Agenda;
(ii) the Hudson Raritan Comprehensive Restoration Plan;
(iii) the Hudson River Comprehensive Restoration Plan;
(iv) the Hudson River Estuary Program Action Agenda;
(v) the Mohawk River Action Agenda;
(vi) the Sustainable Raritan River Initiative Action Plan;
(vii) the Lower Passaic and Bronx & Harlem Federal Urban
Waters Partnership Workplans;
(viii) the New Jersey Sports and Exhibition Authority
Meadowlands Restoration Plan; and
(ix) such other conservation projects in the region that
achieve the purposes of this section, as determined by the
Secretary.
(2) Environmental justice.--The term ``environmental
justice'', with respect to the development, implementation,
and enforcement of environmental laws, regulations, and
policies, means the fair treatment and meaningful involvement
of all people, regardless of race, color, national origin, or
income.
(3) Foundation.--The term ``Foundation'' means the National
Fish and Wildlife Foundation.
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(4) Grant program.--The term ``grant program'' means the
voluntary New York-New Jersey Watershed Restoration Grant
Program established under subsection (c)(1).
(5) Program.--The term ``program'' means the New York-New
Jersey Watershed Restoration Program established under
subsection (b)(1).
(6) Restoration and protection.--The term ``restoration and
protection'' means the conservation, stewardship, and
enhancement of habitat for fish and wildlife, including water
quality--
(A) to preserve and improve ecosystems and ecological
processes on which those fish and wildlife depend; and
(B) for use and enjoyment by the public.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the United
States Fish and Wildlife Service.
(8) Watershed.--The term ``Watershed'' means the New York-
New Jersey Watershed, which is comprised of--
(A) all land area the surface water of which drains into
the New York-New Jersey Harbor;
(B) the waters contained within that land area; and
(C) the estuaries associated with those watersheds.
(b) New York-New Jersey Watershed Restoration Program.--
(1) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Secretary shall establish a
nonregulatory program, to be known as the ``New York-New
Jersey Watershed Restoration Program''.
(2) Purposes.--The purposes of the program shall include--
(A) coordinating restoration and protection activities
among Federal, State, Tribal, local, and regional entities
and conservation partners throughout the Watershed;
(B) carrying out coordinated restoration and protection
activities, and providing for technical assistance for those
activities, throughout the Watershed--
(i) to sustain and enhance fish and wildlife habitat;
(ii) to improve and maintain water quality to support fish,
wildlife, and their habitats, as well as to improve
opportunities for public access and recreation in the
Watershed consistent with the ecological needs of fish and
wildlife habitats;
(iii) to advance the use of natural climate solutions and
natural infrastructure, including living shorelines and other
green infrastructure techniques, to maximize the resilience
of communities, natural systems, and habitats experiencing
the impacts of climate change;
(iv) to engage the public, particularly communities
experiencing environmental injustice, through outreach,
education, and community involvement to increase capacity,
support, and workforce development for coordinated
restoration and protection activities in the Watershed;
(v) to increase scientific capacity to support the
planning, monitoring, and research activities necessary to
carry out coordinated restoration and protection activities
in the Watershed;
(vi) to provide for feasibility and planning studies for
green infrastructure projects that achieve habitat
restoration and stormwater management goals;
(vii) to support land conservation and management
activities necessary to fulfill the Watershed-wide strategy
adopted under paragraph (3)(C);
(viii) to monitor environmental quality to assess progress
toward the purposes of this section; and
(ix) to improve fish and wildlife habitats, as well as
opportunities for personal recreation, along rivers and shore
fronts within communities experiencing environmental
injustice; and
(C) carrying out restoration and protection activities
necessary, as determined by the Secretary, for the
implementation of approved plans.
(3) Duties.--In carrying out the program, the Secretary
shall--
(A) draw on existing and new approved plans for the
Watershed, or portions of the Watershed;
(B) work in consultation with applicable management
entities, including representatives of the New York-New
Jersey Harbor and Estuary Program (HEP), the Hudson River
Estuary Program, the Mohawk River Basin Program, the
Sustainable Raritan River Initiative, the Federal Government,
other State and local governments, and regional and nonprofit
organizations, including environmental justice organizations,
as appropriate, to identify, prioritize, and implement
restoration and protection activities within the Watershed;
and
(C) adopt a Watershed-wide strategy that--
(i) supports the implementation of a shared set of science-
based restoration and protection activities developed in
accordance with subparagraph (B);
(ii) targets cost-effective projects with measurable
results;
(iii) maximizes conservation outcomes;
(iv) prioritizes the needs of communities experiencing
environmental injustice; and
(v) implements the grant program.
(4) Consultation.--In establishing the program, the
Secretary shall consult with, as appropriate--
(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 Agriculture;
(iv) the Director of the National Park Service; and
(v) the heads of such other Federal agencies as the
Secretary determines to be appropriate;
(B) the Governor of New York;
(C) the Governor of New Jersey;
(D) the Commissioner of the New York State Department of
Environmental Conservation;
(E) the Director of the New Jersey Division of Fish and
Wildlife;
(F) the New York-New Jersey Harbor & Estuary Program; and
(G) other public agencies, Indian Tribes, and organizations
with authority for the planning and implementation of
conservation strategies in the Watershed, as determined
appropriate by the Secretary.
(c) New York-New Jersey Watershed Restoration Grant
Program.--
(1) Establishment.--Not later than 180 days after the date
of enactment of this Act, 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 to State,
Tribal, and local governments, nonprofit organizations,
institutions of higher education, and other eligible
entities, as determined by the Secretary, to carry out the
coordinated restoration and protection activities described
in subsection (b)(2)(B).
(2) Criteria.--The Secretary, in consultation with the
heads of Federal agencies, organizations, and other persons
referred to in subsection (b)(4), shall develop criteria for
the grant program to ensure that activities funded under the
grant program--
(A) accomplish 1 or more of the purposes identified in
subsection (b)(2)(B); and
(B) advance the implementation of priority actions or needs
identified in the Watershed-wide strategy adopted under
subsection (b)(3)(C).
(3) Capacity building.--In carrying out the grant program,
the Secretary shall seek to increase the effectiveness of
organizations that carry out restoration and protection
activities described in subsection (b)(2)(B) within the
Watershed by addressing organizational capacity needs.
(4) Cost-share.--
(A) Federal share.--
(i) In general.--Subject to clause (ii), the Federal share
of the total cost of a restoration and protection activity
carried out under the grant program shall be not more than 50
percent of the total cost, as determined by the Secretary, of
that activity.
(ii) Small, rural, and disadvantaged communities.--
(I) In general.--Subject to subclause (II), the Federal
share of the cost of a restoration and protection activity
carried out under the grant program that serves a small,
rural, or disadvantaged community shall be 90 percent of the
total cost of the activity, as determined by the Secretary.
(II) Waiver.--The Secretary may increase the Federal share
under subclause (I) to 100 percent of the total cost of the
restoration and protection activity if the Secretary
determines that the grant recipient is unable to pay, or
would experience significant financial hardship if required
to pay, the non-Federal share.
(B) Non-federal share.--
(i) In general.--The non-Federal share of the total cost of
a restoration and protection activity carried out under the
grant program shall be not more than 50 percent of the total
cost, as determined by the Secretary, of that activity.
(ii) Form of payment.--The non-Federal described in clause
(i) may be provided--
(I) in cash; or
(II) in the form of an in-kind contribution of services or
materials.
(5) Administration.--
(A) In general.--The Secretary may enter into an agreement
to manage the grant program with--
(i) the Foundation; or
(ii) a similar organization that offers grant management
services.
(B) Funding.--If the Secretary enters into an agreement
under subparagraph (A), the Foundation or similar
organization selected, as applicable, shall--
(i) receive the amounts made available to carry out the
grant program under subsection (e) for each applicable fiscal
year in an advance payment of the entire amount on October 1
of that fiscal year, or as soon as practicable thereafter;
(ii) invest and reinvest those amounts for the benefit of
the grant program; and
(iii) administer the grant program to support partnerships
between the public and private sectors in accordance with
this section.
(C) Requirements.--If the Secretary enters into an
agreement with the Foundation under subparagraph (A), any
amounts received by the Foundation under this subsection
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)).
(d) 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 section, including a description of
each activity that has received funding under this section in
the preceding fiscal year.
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(e) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Secretary to carry out this section such sums as are
necessary for fiscal year 2023.
(2) Grant program.--Of the amounts made available under
paragraph (1), the Secretary shall use not less than 75
percent to carry out the grant program, including for
technical assistance relating to the grant program.
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