[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
New York-New Jersey Watershed Protection Act
#4677 | HR Congress #117
Policy Area: Environmental Protection
Subjects: Aquatic ecologyCongressional oversightDue process and equal protectionEnvironmental assessment, monitoring, researchEnvironmental educationEnvironmental healthEnvironmental technologyFloods and storm protectionIntergovernmental relationsLakes and riversLand use and conservationMarine and coastal resources, fisheriesNavigation, waterways, harborsNew JerseyNew York CityNew York StateOutdoor recreationPublic-private cooperationSeashores and lakeshores
Last Action: Placed on the Union Calendar, Calendar No. 417. (11/16/2022)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text