I 

116TH CONGRESS 

2D SESSION H. R. 8348 

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 

SEPTEMBER 22, 2020 

Mr. TONKO (for himself, Mr. SERRANO, Mr. ENGEL, Mrs. WATSON COLEMAN, 

Mr. PAYNE, Mr. VAN DREW, and Mr. MALINOWSKI) introduced the following bill; which was referred to the Committee on Natural Resources 

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. 

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 ‘‘New York-New Jersey 

5 Watershed Protection Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) The New York-New Jersey Watershed, 

2 which encompasses all the watersheds that flow into 

3 New York-New Jersey Harbor and their associated 

4 estuaries, such as the Hudson, Mohawk, Raritan, 

5 Passaic, Hackensack, and Bronx River Watersheds 

6 and the Hudson River Estuary, provide multiple 

7 benefits to diverse stakeholders including regarding 

8 fisheries and wildlife, conservation of natural re9 sources and public and private lands, critical urban 

10 greenspaces and quality of life, and conservation of 

11 ocean and coastal resources. 

12 (2) These resources support one of the most 

13 densely populated and economically important re14 gions in the country. 

15 (3) Managing this public resource and its many 

16 services requires leadership from the Department of 

17 the Interior and coordination among other Federal 

18 agencies, two States, hundreds of counties, cities 

19 and towns, and millions of property owners. 

20 (4) These ongoing challenges are compounded 

21 by the likely impacts of rising air and water tem22 peratures, increases in incidences of extreme weather 

23 from large storms to rainfall, and rising sea levels. 

24 (5) The New York-New Jersey Harbor contrib25 utes $8,500,000,000 annually in Federal, State, and 


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1 local tax revenue and is directly or indirectly respon2 sible for 629,000 jobs with $90,500,000,000 in an3 nual personal and business wages. 

4 (6) The New York-New Jersey Watershed sup5 ports multiple industries that attract over 

6 $60,700,000,000 in annual revenue through tour7 ism, commercial fishing, and recreational activities. 

8 (7) The Mohawk River’s water resources play 

9 an important role in tourism, shipping, and related 

10 businesses, with tourism alone valued at more than 

11 $1,340,000,000 annually. 

12 (8) Management of the shorelines of the New 

13 York-New Jersey Watershed is critical to flood miti14 gation and habitat for fish and wildlife. Further, fol15 lowing the loss of life and billions of dollars of dam16 ages caused by Hurricanes Sandy, Irene and Lee, 

17 Federal, State, and local governments recognize that 

18 natural and nature-based flood hazard mitigation 

19 measures, including living shorelines and restoring 

20 the function of riparian corridors, are cost-effective 

21 solutions. 

22 (9) Restoration activities in the New York-New 

23 Jersey Watershed are supported through several 

24 Federal and State programs, and funding for those 

25 important programs should continue and comVerDate Sep 11 2014 00:16 Oct 04, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H8348.IH H8348

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1 plement the establishment of the New York-New 

2 Jersey Watershed Restoration Program, which is in3 tended to build on and help coordinate restoration 

4 and protection funding mechanisms at the Federal, 

5 State, regional, and local levels. 

6 (10) Millions of people rely on the Mohawk, 

7 Raritan, and Hackensack Rivers as sources of drink8 ing water. 

9 (11) The New York-New Jersey Watershed 

10 supports Federal threatened species and endangered 

11 species, including the shortnose sturgeon and Atlan12 tic sturgeon. 

13 (12) Many residents of the region of the New 

14 York-New Jersey Watershed live in communities 

15 lacking in environmental justice, where access to and 

16 enjoyment of fish, wildlife, clean water, and other 

17 natural resources have been impaired or com18 promised. 

19 (13) Drawing on existing management plans 

20 and existing and ongoing voluntary conservation ef21 forts in the New York-New Jersey Watershed will 

22 improve efficiency and cost-effectiveness, as well as 

23 increase private-sector investments and coordination 

24 of Federal and non-Federal resources. 


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1 SEC. 3. DEFINITIONS. 

2 In this Act: 

3 (1) APPROVED PLANS.—The term ‘‘approved 

4 plan’’— 

5 (A) means any plan for management of the 

6 New York-New Jersey Watershed— 

7 (i) that has been approved by a Fed8 eral, regional, State, or local governmental 

9 entity; or 

10 (ii) that is determined by the Direc11 tor, in consultation with such entities, to 

12 contribute to the achievement of the pur13 poses of this Act; and 

14 (B) includes the New York-New Jersey 

15 Harbor & Estuary Program (HEP) Action 

16 Agenda, the Hudson Raritan Comprehensive 

17 Restoration Plan, the Hudson River Com18 prehensive Restoration Plan, the Hudson River 

19 Estuary Program Action Agenda, the Mohawk 

20 River Action Agenda, the Sustainable Raritan 

21 River Initiative Action Plan, the Lower Passaic 

22 and Bronx & Harlem Federal Urban Waters 

23 Partnership Workplans, the New Jersey Sports 

24 and Exhibition Authority Meadowlands Res25 toration Plan, as well as other critical conservaVerDate Sep 11 2014 00:16 Oct 04, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H8348.IH H8348

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1 tion projects in the region that achieve the pur2 poses of this Act. 

3 (2) DIRECTOR.—The term ‘‘Director’’ means 

4 the Director of the United States Fish and Wildlife 

5 Service. 

6 (3) ENVIRONMENTAL JUSTICE.—The term ‘‘en7 vironmental justice’’ means the fair treatment and 

8 meaningful involvement of all people regardless of 

9 race, color, national origin, or income, with respect 

10 to the development, implementation, and enforce11 ment of environmental laws, regulations, and poli12 cies. 

13 (4) FOUNDATION.—The term ‘‘Foundation’’ 

14 means the National Fish and Wildlife Foundation. 

15 (5) GRANT PROGRAM.—The term ‘‘grant pro16 gram’’ means the voluntary New York-New Jersey 

17 Watershed Restoration Grant Program established 

18 under section 5. 

19 (6) PROGRAM.—The term ‘‘program’’ means 

20 the New York-New Jersey Watershed Restoration 

21 Program established under section 4. 

22 (7) RESTORATION AND PROTECTION.—The 

23 term ‘‘restoration and protection’’ means the con24 servation, stewardship, and enhancement of habitat 

25 for fish and wildlife and water quality to preserve 


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1 and improve ecosystems and ecological processes on 

2 which they depend and for use and enjoyment by the 

3 public. 

4 (8) SECRETARY.—The term ‘‘Secretary’’ means 

5 the Secretary of the Interior, acting through the Di6 rector. 

7 (9) SERVICE.—The term ‘‘Service’’ means the 

8 United States Fish and Wildlife Service. 

9 (10) WATERSHED.—The term ‘‘Watershed’’ 

10 means the New York-New Jersey Watershed, which 

11 is comprised of all land area whose surface water 

12 drains into New York-New Jersey Harbor, the 

13 waters contained within that land area, and the es14 tuaries associated with those watersheds. 

15 SEC. 4. PROGRAM ESTABLISHMENT. 

16 (a) ESTABLISHMENT.—Not later than 180 days after 

17 the date of the enactment of this Act, the Secretary shall 

18 establish a nonregulatory program to be known as the 

19 ‘‘New York-New Jersey Watershed Restoration Program’’. 

20 (b) DUTIES.—In carrying out the program, the Sec21 retary shall— 

22 (1) draw on existing and new approved plans 

23 for the Watershed, or portions of the Watershed, 

24 and work in consultation with applicable manage25 ment entities, including representatives of the New 


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1 York-New Jersey Harbor and Estuary Program 

2 (HEP), Hudson River Estuary Program, Mohawk 

3 River Basin Program, Sustainable Raritan River 

4 Initiative, the Federal Government, and other State 

5 and local governments, and regional and nonprofit 

6 organizations, as appropriate, to identify, prioritize, 

7 and implement restoration and protection activities 

8 within the Watershed; and 

9 (2) adopt a Watershed-wide strategy that— 

10 (A) supports the implementation of a 

11 shared set of science-based restoration and pro12 tection activities developed in accordance with 

13 paragraph (1); 

14 (B) targets cost-effective projects with 

15 measurable results; 

16 (C) maximizes conservation outcomes; 

17 (D) recognizes the needs of communities 

18 lacking in environmental justice; and 

19 (E) establishes the voluntary grant and 

20 technical assistance programs authorized in this 

21 Act. 

22 (c) CONSULTATION.—In establishing the program, 

23 the Secretary shall consult, as appropriate, with— 

24 (1) the heads of Federal agencies, including— 


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1 (A) the Administrator of the Environ2 mental Protection Agency; 

3 (B) the Administrator of the National Oce4 anic and Atmospheric Administration; 

5 (C) the Chief of the Natural Resources 

6 Conservation Service; and 

7 (D) the Director of the National Park 

8 Service; 

9 (2) the Governors of New York and New Jer10 sey; 

11 (3) the New York-New Jersey Harbor & Estu12 ary Program; and 

13 (4) other public agencies and organizations with 

14 authority for the planning and implementation of 

15 conservation strategies in the Watershed. 

16 (d) PURPOSES.—The purposes of the program in17 clude— 

18 (1) coordinating restoration and protection ac19 tivities among Federal, State, local, and regional en20 tities and conservation partners throughout the Wa21 tershed; 

22 (2) carrying out coordinated restoration and 

23 protection activities, and providing for technical as24 sistance throughout the Watershed— 


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1 (A) to sustain and enhance fish and wild2 life habitat restoration and protection activities; 

3 (B) to improve and maintain water quality 

4 to support fish, wildlife, and their habitat, as 

5 well as to improve opportunities for public ac6 cess and recreation in the Watershed consistent 

7 with the ecological needs of fish and wildlife 

8 habitat; 

9 (C) to advance the use of natural and na10 ture-based features, living shoreline, and other 

11 green infrastructure techniques to maximize the 

12 resilience of communities, natural systems, and 

13 habitats under changing sea levels, storm risks, 

14 and watershed conditions; 

15 (D) to engage the public, particularly com16 munities lacking in environmental justice, 

17 through outreach, education, and community 

18 involvement to increase capacity and support 

19 for coordinated restoration and protection ac20 tivities in the Watershed; 

21 (E) to increase scientific capacity to sup22 port the planning, monitoring, and research ac23 tivities necessary to carry out coordinated res24 toration and protection activities; 


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1 (F) to provide for feasibility and planning 

2 studies for green infrastructure projects that 

3 achieve habitat restoration and stormwater 

4 management goals; 

5 (G) to support land conservation and man6 agement activities necessary to fulfill the Wa7 tershed-wide strategy adopted under subsection 

8 (b); 

9 (H) to provide technical assistance to carry 

10 out restoration and protection activities in the 

11 Watershed; 

12 (I) to monitor environmental quality to as13 sess progress toward the goals of this Act; and 

14 (J) to improve fish and wildlife habitats, 

15 as well as opportunities for personal recreation, 

16 along rivers and shore fronts within commu17 nities lacking in environmental justice; and 

18 (3) other activities necessary for the implemen19 tation of approved plans. 

20 SEC. 5. NEW YORK-NEW JERSEY WATERSHED RESTORA21 TION GRANT PROGRAM. 

22 (a) ESTABLISHMENT.—The Secretary shall establish 

23 a voluntary grant and technical assistance program, to be 

24 known as the ‘‘New York-New Jersey Watershed Restora25 tion Grant Program’’, to provide competitive matching 


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1 grants of varying amounts to State and local governments, 

2 nonprofit organizations, institutions of higher education, 

3 and other eligible entities to carry out restoration and pro4 tection activities for the Watershed. 

5 (b) CRITERIA.—The Secretary, in consultation with 

6 the agencies, organizations, and other persons referred to 

7 in section 4(c), shall develop criteria for the grant program 

8 to help ensure that activities funded under this section ac9 complish one or more of the purposes of this Act. 

10 (c) COST SHARING.— 

11 (1) FEDERAL SHARE.—The Federal share of 

12 the cost of a project funded under the grant pro13 gram shall not exceed 75 percent of the total cost 

14 of the activity, as determined by the Secretary. 

15 (2) NON-FEDERAL SHARE.—The non-Federal 

16 share of the cost of a project funded under the grant 

17 program may be provided in cash or in the form of 

18 an in-kind contribution of services or materials. 

19 (d) ADMINISTRATION.— 

20 (1) IN GENERAL.—The Secretary may enter 

21 into an agreement to manage the grant program 

22 with the National Fish and Wildlife Foundation or 

23 a similar organization that offers grant management 

24 services. 


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1 (2) FUNDING.—If the Secretary enters into an 

2 agreement under paragraph (1), the organization se3 lected shall— 

4 (A) for each fiscal year, receive amounts 

5 made available to carry out this section in an 

6 advance payment of the entire amounts on Oc7 tober 1 of that fiscal year, or as soon as prac8 ticable thereafter; 

9 (B) invest and reinvest those amounts for 

10 the benefit of the grant program; and 

11 (C) otherwise administer the grant pro12 gram to support partnerships between the pub13 lic and private sectors in accordance with this 

14 Act. 

15 (3) REQUIREMENTS.—If the Secretary enters 

16 into an agreement with the Foundation under para17 graph (1), any amounts received by the Foundation 

18 under this section shall be subject to the National 

19 Fish and Wildlife Foundation Establishment Act (16 

20 U.S.C. 3701 et seq.), excluding section 10(a) of that 

21 Act (16 U.S.C. 3709(a)). 

22 SEC. 6. ANNUAL REPORTS. 

23 Not later than 180 days after the date of enactment 

24 of this Act and annually thereafter, the Secretary shall 

25 submit to the Congress a report on the implementation 


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1 of this Act, including a description of each project that 

2 has received funding under this Act in the preceding fiscal 

3 year. 

4 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

5 (a) IN GENERAL.—There is authorized to be appro6 priated to the Secretary to carry out this Act $50,000,000 

7 for each of fiscal years 2021 through 2026. 

8 (b) USE FOR GRANT PROGRAM.—Of any amount 

9 made available under this section for each fiscal year, the 

10 Secretary shall use at least 75 percent to carry out the 

11 grant program under section 5 and to provide, or provide 

12 for, technical assistance under such program. 

Æ 


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