I 

113TH CONGRESS 

1ST SESSION H. R. 2973 

To authorize the Secretary of Interior to carry out projects and conduct 

research on water resources in the Hudson-Mohawk River Basin, to 

establish a Hudson-Mohawk River Basin Commission, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

AUGUST 1, 2013 

Mr. TONKO introduced the following bill; which was referred to the Committee 

on Natural Resources, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined by 

the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To authorize the Secretary of Interior to carry out projects 

and conduct research on water resources in the HudsonMohawk River Basin, to establish a Hudson-Mohawk 

River Basin Commission, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Hudson-Mohawk River 

5 Basin Act of 2013’’. 


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1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) The Hudson-Mohawk River Basin together 

4 with the Erie Canal connects the Great Lakes to the 

5 Atlantic Ocean and includes the 13,400 square mile 

6 area encompassing five large sub-basins: the Upper 

7 Hudson River sub-basin, the Mohawk River sub8 basin, the Lower Hudson River sub-basin, the Pas9 saic River sub-basin, and the Raritan River sub10 basin. 

11 (2) The Hudson-Mohawk River Basin played an 

12 essential role in the birth of our Nation and its west13 ward expansion. The water of the Hudson-Mohawk 

14 Basin is the ink used to write the early United 

15 States history of European settlement and the 

16 American Revolution. The Basin’s rivers served as a 

17 major transportation corridor connecting the com18 munities along it from the Atlantic Ocean to the 

19 Great Lakes. 

20 (3) The Hudson-Mohawk River Basin includes 

21 the largest metropolitan area of the country: the 

22 New York-New Jersey metropolitan area. This met23 ropolitan area, together with the many communities 

24 in the Upper Hudson, Mohawk, and Lower Hudson 

25 sub-basins, makes the area one of the most densely 


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1 and heavily populated river basins in the country 

2 with over 15,000,000 people. 

3 (4) The water resources of the Hudson-Mohawk 

4 River Basin are functionally interrelated and their 

5 uses are interdependent. A single entity is essential 

6 to provide effective communication, coordination, 

7 and cooperation among Federal, State, and local 

8 governments, non-governmental organizations, and 

9 the private sector for this area. 

10 (5) The New York-New Jersey Harbor Estuary 

11 is a complex natural harbor at the junction of three 

12 major water bodies, the New York Bight, the Hud13 son River and the Long Island Sound. In addition, 

14 it receives freshwater inputs from the Raritan and 

15 Passaic Rivers. The health and productivity of the 

16 New York Bight is affected directly by the quality 

17 of the freshwater inputs to the estuary from the 

18 Hudson, Passaic, and Raritan Rivers. 

19 (6) The headwaters of the Hudson originate 

20 within the Adirondack Mountains, a treasured 

21 northeastern wilderness area, protected under the 

22 New York State constitution since 1894. The Hud23 son’s path south through the Hudson River High24 lands, and the Mohawk’s path south east to its juncVerDate Mar 15 2010 21:34 Aug 16, 2013 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2973.IH H2973

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1 tion with the Hudson, provides the only natural 

2 break in the Appalachian Mountain chain. 

3 (7) The Mohawk Valley’s abundant natural re4 sources, and fertile floodplain soils provided a rich 

5 endowment that first supported the Mohawk nation 

6 and the Iroquois Confederacy and later supported 

7 European settlement and the development of indus8 try and commerce. 

9 (8) The Mohawk River and its watershed drain 

10 directly into the Hudson River providing the largest 

11 freshwater input to the brackish water mix that 

12 characterizes the Hudson River Estuary and sup13 ports a biologically rich and productive ecosystem. 

14 (9) The Mohawk River is integrated with the 

15 Erie Canal along much of its channel. Therefore, 

16 tying the operation of the Canal system to the 

17 health of the Mohawk and the Hudson Rivers. 

18 (10) Individuals in many communities through19 out the Basin have experienced devastating flooding 

20 that led to tremendous costs for businesses, State, 

21 and local governments. A holistic approach to river 

22 and stream monitoring, updated floodplain maps, 

23 and development of floodplain management strate24 gies based upon improved understanding of the BaVerDate Mar 15 2010 21:34 Aug 16, 2013 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2973.IH H2973

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1 sin’s hydrology would make communities safer and 

2 more resistant and resilient to flood events. 

3 (11) Climate change is occurring and, as a re4 sult, sea level rise along the United States eastern 

5 coastline will increase the vulnerability of coastal 

6 communities to storm surge and flooding in the New 

7 York-New Jersey harbors and along the major rivers 

8 in the Basin. 

9 (12) Each of the subwatersheds of the Hudson10 Mohawk River Basin receives support of programs 

11 administered by Federal, State, regional, and local 

12 organizations. 

13 (13) There has been little integration of plan14 ning and program implementation to address the 

15 Hudson-Mohawk River Basin in a holistic manner. 

16 (14) New York, New Jersey, Vermont, Massa17 chusetts, and Connecticut have a long history of 

18 achievements working together on resource manage19 ment issues through their memberships in the Dela20 ware River Basin Commission, the Susquehanna 

21 River Basin Commission, the Appalachian Regional 

22 Commission, the New England Interstate Water Pol23 lution Control Commission, and the Lake Champlain 

24 Basin Program. 


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1 (15) The basin-wide impacts experienced as a 

2 result of recent hurricanes and storms illustrate the 

3 need for integrated, basin-wide planning to address 

4 water management challenges and vulnerability to 

5 flooding. 

6 (16) Protection and restoration of wetlands, ex7 panded use of green infrastructure, strengthening of 

8 dams and levees, and upgrading of wastewater and 

9 water treatment infrastructure will be necessary to 

10 reduce the impacts of extreme weather events and 

11 maintain water quality and public health. 

12 (17) Development and implementation of 

13 projects to control flooding and improve water qual14 ity must be done with the full participation of local 

15 communities and citizens, address the needs they 

16 identify, and be conducted in a manner that respects 

17 private property and is consistent with the authori18 ties of state and local jurisdictions. 

19 SEC. 3. DEFINITIONS. 

20 (a) HUDSON-MOHAWK RIVER BASIN.—The term 

21 ‘‘Hudson-Mohawk River Basin’’ means the area of drain22 age of the Hudson, Mohawk, Passaic and Raritan Rivers 

23 and their tributaries into the New York-New Jersey Har24 bor Estuary. This includes areas in New York, New Jer25 sey, Vermont, Massachusetts, and Connecticut. 


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1 (b) COMMISSION.—The term ‘‘Commission’’ means 

2 the Hudson-Mohawk River Basin Commission established 

3 under section 4. 

4 (c) WATER RESOURCES.—The term ‘‘water re5 sources’’ means all surface waters and ground waters con6 tained or otherwise originating within the Hudson-Mo7 hawk River Basin. 

8 SEC. 4. HUDSON-MOHAWK RIVER BASIN COMMISSION. 

9 (a) ESTABLISHMENT.—The President shall— 

10 (1) establish the Hudson-Mohawk River Basin 

11 Commission in cooperation with the Governors of 

12 the States included in the Hudson-Mohawk River 

13 Basin to coordinate activities being undertaken by 

14 the States, advisory committees, local governments, 

15 institutions of higher education, and non-govern16 mental organizations to address environmental, eco17 nomic, and cultural issues associated with the man18 agement and use of resources in the Hudson-Mo19 hawk Watershed; and 

20 (2) designate the Secretary of Interior to serve 

21 as a member of the Commission and as coordinator 

22 of participation of relevant Federal agencies in the 

23 activities of the Commission. 

24 (b) MEMBERSHIP.—The Commission shall include a 

25 Federal representative designated by the President, and 


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1 the Governors of the 5 States whose territory is encom2 passed by the Hudson-Mohawk River Basin and its associ3 ated ground waters: New York, New Jersey, Connecticut, 

4 Massachusetts, and Vermont. The Governor of each of the 

5 5 States shall appoint an alternate to act on that Gov6 ernor’s behalf, including attendance at meetings of the 

7 Commission and with the power to vote in the absence 

8 of the member. 

9 (c) DUTIES OF THE COMMISSION.—The Commission 

10 shall— 

11 (1) develop and implement plans, policies, and 

12 projects relating to the water resources of the Hud13 son-Mohawk River Basin; 

14 (2) adopt and promote uniform and coordinated 

15 policies for management and conservation of water 

16 resources in the Hudson-Mohawk River Basin; 

17 (3) adopt an annual capital budget, including 

18 all projects the Commission proposes to undertake 

19 or continue during the budget period with a state20 ment of the estimated cost of each project and the 

21 method of financing the project; and 

22 (4) coordinate and direct the development, im23 plementation, operation, and financing of water re24 sources projects consistent with its plans and poli25 cies. 


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1 SEC. 5. COMPREHENSIVE PLAN. 

2 (a) PLAN DEVELOPMENT.—Not later than 18 

3 months after the date of the enactment of this Act, the 

4 Commission shall develop and adopt a comprehensive plan 

5 for the development and use of water resources of the 

6 Hudson-Mohawk River Basin. In developing the plan the 

7 Commission shall— 

8 (1) consult with State and Federal agencies 

9 with jurisdiction over water resources, local govern10 ments, non-governmental organizations, public utili11 ties, water users, and other interested parties; 

12 (2) prior to adoption of the plan or any subse13 quent revision of the plan, publish a draft plan and 

14 provide opportunity for public comment; 

15 (3) ensure that the plan addresses needs in 

16 each of the five sub-basins; and 

17 (4) periodically review and revise the plan. 

18 (b) PLAN CONTENTS.—The plan shall address all 

19 projects and facilities required for development, conserva20 tion, use, management, and control of the water resources 

21 of the Hudson-Mohawk River Basin to meet present and 

22 future needs. The plan shall— 

23 (1) identify water resource needs in the Hud24 son-Mohawk River Basin related to water supply, 

25 water quality, flooding, ecosystems, fisheries, energy 

26 production, navigation, recreation, agriculture, and 


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1 economic development and establish goals for protec2 tion or enhancement of water resources to address 

3 the identified needs; 

4 (2) inventory the historic and cultural resources 

5 of the Hudson-Mohawk River Basin and identify 

6 projects to provide for cultural enrichment, preserva7 tion of cultural resources, public education about 

8 local heritage and historical significance of prop9 erties, canals, and other historic sites within the 

10 Hudson-Mohawk River Basin; 

11 (3) provide a comprehensive assessment of the 

12 status of water resources in the Hudson-Mohawk 

13 River Basin and identify additional research and in14 formation required to support management of water 

15 resources in the Hudson-Mohawk River Basin; and 

16 (4) provide a mechanism to promote commu17 nication and coordination among the organizations 

18 engaged in water resource management activities to 

19 encourage efficient use of scarce resources, avoid 

20 conflicts and inconsistencies, to promote consistent 

21 and fair treatment of all water users, and to pro22 mote collaborative working relationships among all 

23 entities working in the Hudson-Mohawk River 

24 Basin. 


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1 SEC. 6. WATER RESOURCES PROGRAM. 

2 The Commission shall adopt a water resources pro3 gram on an annual basis, based upon the comprehensive 

4 plan, that identifies specific projects and facilities to be 

5 undertaken by the Commission, other governmental and 

6 private entities, educational institutions, non-govern7 mental organizations, and individuals during the imme8 diate 5-year period in each of the five sub-basins. The 

9 water resources program shall include a systematic pres10 entation for each of the five sub-basins of— 

11 (1) the specific needs to be addressed by the 

12 water resources program; 

13 (2) the existing and proposed projects, studies, 

14 and facilities required to satisfy the identified needs; 

15 (3) the subset of projects and studies that will 

16 be undertaken by the Commission during such pe17 riod; and 

18 (4) the budget for the identified projects and 

19 studies. 

20 SEC. 7. SAVINGS PROVISIONS. 

21 Nothing in this Act shall be construed to repeal, mod22 ify, or limit the authority of— 

23 (1) the Federal Government or the State gov24 ernment members of the Commission to enact legis25 lation or enforce any additional conditions or restric26 tions within their jurisdictions; and 


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1 (2) local governments to regulate land use as 

2 provided for by law or regulation. 

3 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

4 (a) COMMISSION.—There is authorized to be appro5 priated to the Commission $500,000 for each fiscal year 

6 to carry out the duties of the Commission. 

7 (b) COMPREHENSIVE PLAN.—There is authorized to 

8 be appropriated to the Secretary of Interior $25,000,000 

9 for each of fiscal years 2015 through 2021 to carry out 

10 projects consistent with the comprehensive plan that are 

11 identified in the annual Hudson-Mohawk Water Resources 

12 Program adopted by the Commission in accordance with 

13 section 6. 

Æ 


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