[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.

[[Page S5928]]

       (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.
                                 ______