II 

118TH CONGRESS 

1ST SESSION S. 1335 

To establish the New York-New Jersey Watershed Restoration Program, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 27, 2023 

Mr. BOOKER (for himself, Mrs. GILLIBRAND, Mr. MENENDEZ, and Mr. SCHUMER) introduced the following bill; which was read twice and referred to 

the Committee on Environment and Public Works 

A BILL 

To establish the New York-New Jersey Watershed 

Restoration Program, 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. DEFINITIONS. 

7 In this Act: 

8 (1) APPROVED PLAN.— 


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1 (A) IN GENERAL.—The term ‘‘approved 

2 plan’’ means any plan for management of the 

3 Watershed— 

4 (i) that has been approved by a Fed5 eral, regional, State, Tribal, or local gov6 ernmental entity, including State Wildlife 

7 Action Plans, Comprehensive Conservation 

8 Management Plans, and Watershed Im9 provement Plans; or 

10 (ii) that is determined by the Sec11 retary, in consultation with the entities de12 scribed in clause (i), to contribute to the 

13 achievement of the purposes of this Act. 

14 (B) INCLUSIONS.—The term ‘‘approved 

15 plan’’ includes— 

16 (i) the New York-New Jersey Harbor 

17 & Estuary Program (HEP) Action Agen18 da; 

19 (ii) the Hudson Raritan Comprehen20 sive Restoration Plan; 

21 (iii) the Hudson River Comprehensive 

22 Restoration Plan; 

23 (iv) the Hudson River Estuary Pro24 gram Action Agenda; 

25 (v) the Mohawk River Action Agenda; 


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1 (vi) the Sustainable Raritan River Ini2 tiative Action Plan; 

3 (vii) the Lower Passaic and Bronx & 

4 Harlem Federal Urban Waters Partnership 

5 Workplans; 

6 (viii) the New Jersey Sports and Ex7 hibition Authority Meadowlands Restora8 tion Plan; and 

9 (ix) such other conservation projects 

10 in the region that achieve the purposes of 

11 this Act, as determined by the Secretary. 

12 (2) ENVIRONMENTAL JUSTICE.—The term ‘‘en13 vironmental justice’’, with respect to the develop14 ment, implementation, and enforcement of environ15 mental laws, regulations, and policies, means the fair 

16 treatment and meaningful involvement of all people, 

17 regardless of race, color, national origin, or income. 

18 (3) FOUNDATION.—The term ‘‘Foundation’’ 

19 means the National Fish and Wildlife Foundation. 

20 (4) GRANT PROGRAM.—The term ‘‘grant pro21 gram’’ means the voluntary New York-New Jersey 

22 Watershed Restoration Grant Program established 

23 under section 4(a). 


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1 (5) PROGRAM.—The term ‘‘program’’ means 

2 the New York-New Jersey Watershed Restoration 

3 Program established under section 3(a). 

4 (6) RESTORATION AND PROTECTION.—The 

5 term ‘‘restoration and protection’’ means the con6 servation, stewardship, and enhancement of habitat 

7 for fish and wildlife, including water quality— 

8 (A) to preserve and improve ecosystems 

9 and ecological processes on which those fish and 

10 wildlife depend; and 

11 (B) for use and enjoyment by the public. 

12 (7) SECRETARY.—The term ‘‘Secretary’’ means 

13 the Secretary of the Interior, acting through the Di14 rector of the United States Fish and Wildlife Serv15 ice. 

16 (8) WATERSHED.—The term ‘‘Watershed’’ 

17 means the New York-New Jersey Watershed, which 

18 is composed of— 

19 (A) all land area the surface water of 

20 which drains into the New York-New Jersey 

21 Harbor; 

22 (B) the waters contained within that land 

23 area; and 

24 (C) the estuaries associated with those wa25 tersheds. 


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1 SEC. 3. NEW YORK-NEW JERSEY WATERSHED RESTORA2 TION PROGRAM. 

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

4 the date of enactment of this Act, the Secretary shall es5 tablish a nonregulatory program, to be known as the ‘‘New 

6 York-New Jersey Watershed Restoration Program’’. 

7 (b) PURPOSES.—The purposes of the program shall 

8 include— 

9 (1) coordinating restoration and protection ac10 tivities among Federal, State, Tribal, local, and re11 gional entities and conservation partners throughout 

12 the Watershed; 

13 (2) carrying out coordinated restoration and 

14 protection activities, and providing for technical as15 sistance for those activities, throughout the Water16 shed— 

17 (A) to sustain and enhance fish and wild18 life habitat; 

19 (B) to improve and maintain water quality 

20 to support fish, wildlife, and their habitats, as 

21 well as to improve opportunities for public ac22 cess and recreation in the Watershed consistent 

23 with the ecological needs of fish and wildlife 

24 habitats; 

25 (C) to advance the use of natural climate 

26 solutions and natural infrastructure, including 


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1 living shorelines and other green infrastructure 

2 techniques, to maximize the resilience of com3 munities, natural systems, and habitats experi4 encing the impacts of climate change; 

5 (D) to engage the public, particularly com6 munities experiencing environmental injustice, 

7 through outreach, education, and community 

8 involvement to increase capacity, support, and 

9 workforce development for coordinated restora10 tion and protection activities in the Watershed; 

11 (E) to increase scientific capacity to sup12 port the planning, monitoring, and research ac13 tivities necessary to carry out coordinated res14 toration and protection activities in the Water15 shed; 

16 (F) to provide for feasibility and planning 

17 studies for green infrastructure projects that 

18 achieve habitat restoration and stormwater 

19 management goals; 

20 (G) to support land conservation and man21 agement activities necessary to fulfill the Wa22 tershed-wide strategy adopted under subsection 

23 (c)(3); 


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1 (H) to monitor environmental quality to 

2 assess progress toward the purposes of this Act; 

3 and 

4 (I) to improve fish and wildlife habitats, as 

5 well as opportunities for personal recreation, 

6 along rivers and shore fronts within commu7 nities experiencing environmental injustice; and 

8 (3) carrying out restoration and protection ac9 tivities necessary, as determined by the Secretary, 

10 for the implementation of approved plans. 

11 (c) DUTIES.—In carrying out the program, the Sec12 retary shall— 

13 (1) draw on existing and new approved plans 

14 for the Watershed, or portions of the Watershed; 

15 (2) work in consultation with applicable man16 agement entities, including representatives of the 

17 New York-New Jersey Harbor and Estuary Program 

18 (HEP), the Hudson River Estuary Program, the 

19 Mohawk River Basin Program, the Sustainable 

20 Raritan River Initiative, the Federal Government, 

21 other State and local governments, and regional and 

22 nonprofit organizations, including environmental jus23 tice organizations, as appropriate, to identify, 

24 prioritize, and implement restoration and protection 

25 activities within the Watershed; and 


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1 (3) adopt a Watershed-wide strategy that— 

2 (A) supports the implementation of a 

3 shared set of science-based restoration and pro4 tection activities developed in accordance with 

5 paragraph (2); 

6 (B) targets cost-effective projects with 

7 measurable results; 

8 (C) maximizes conservation outcomes; 

9 (D) prioritizes the needs of communities 

10 experiencing environmental injustice; and 

11 (E) implements the grant program. 

12 (d) CONSULTATION.—In establishing the program, 

13 the Secretary shall consult with, as appropriate— 

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

15 (A) the Administrator of the Environ16 mental Protection Agency; 

17 (B) the Administrator of the National Oce18 anic and Atmospheric Administration; 

19 (C) the Secretary of Agriculture; 

20 (D) the Director of the National Park 

21 Service; and 

22 (E) the heads of such other Federal agen23 cies as the Secretary determines to be appro24 priate; 

25 (2) the Governor of New York; 


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1 (3) the Governor of New Jersey; 

2 (4) the Commissioner of the New York State 

3 Department of Environmental Conservation; 

4 (5) the Director of the New Jersey Division of 

5 Fish and Wildlife; 

6 (6) the New York-New Jersey Harbor & Estu7 ary Program; and 

8 (7) other public agencies, Indian Tribes, and 

9 organizations with authority for the planning and 

10 implementation of conservation strategies in the Wa11 tershed, as determined appropriate by the Secretary. 

12 SEC. 4. NEW YORK-NEW JERSEY WATERSHED RESTORA13 TION GRANT PROGRAM. 

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

15 the date of enactment of this Act, the Secretary shall es16 tablish a voluntary grant and technical assistance pro17 gram, to be known as the ‘‘New York-New Jersey Water18 shed Restoration Grant Program’’, to provide competitive 

19 matching grants to State, Tribal, and local governments, 

20 nonprofit organizations, institutions of higher education, 

21 and other eligible entities, as determined by the Secretary, 

22 to carry out the coordinated restoration and protection ac23 tivities described in section 3(b)(2). 

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

25 the individuals and entities referred to in section 3(d), 


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1 shall develop criteria for the grant program to ensure that 

2 activities funded under the grant program— 

3 (1) accomplish 1 or more of the purposes iden4 tified in section 3(b)(2); and 

5 (2) advance the implementation of priority ac6 tions or needs identified in the Watershed-wide 

7 strategy adopted under section 3(c)(3). 

8 (c) CAPACITY BUILDING.—In carrying out the grant 

9 program, the Secretary shall seek to increase the effective10 ness of organizations that carry out restoration and pro11 tection activities described in section 3(b)(2) within the 

12 Watershed by addressing organizational capacity needs. 

13 (d) COST-SHARE.— 

14 (1) FEDERAL SHARE.— 

15 (A) IN GENERAL.—Except as provided in 

16 subparagraph (B), the Federal share of the 

17 total cost of a restoration and protection activ18 ity carried out under the grant program shall 

19 be not more than 50 percent, as determined by 

20 the Secretary. 

21 (B) SMALL, RURAL, AND DISADVANTAGED

22 COMMUNITIES.— 

23 (i) IN GENERAL.—Subject to clause 

24 (ii) the Federal share of the total cost of 

25 a restoration and protection activity carVerDate Sep 11 2014 01:35 May 06, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1335.IS S1335

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1 ried out under the grant program that 

2 serves a small, rural, or disadvantaged 

3 community shall be 90 percent, as deter4 mined by the Secretary. 

5 (ii) WAIVER.—The Secretary may in6 crease the Federal share under clause (i) 

7 to 100 percent of the total cost of the res8 toration and protection activity if the Sec9 retary determines that the grant recipient 

10 is unable to pay, or would experience sig11 nificant financial hardship if required to 

12 pay, the non-Federal share. 

13 (2) NON-FEDERAL SHARE.— 

14 (A) IN GENERAL.—The non-Federal share 

15 of the total cost of a restoration and protection 

16 activity carried out under the grant program 

17 shall be not more than 50 percent, as deter18 mined by the Secretary. 

19 (B) FORM OF PAYMENT.—The non-Fed20 eral share described in subparagraph (A) may 

21 be provided— 

22 (i) in cash; or 

23 (ii) in the form of an in-kind contribu24 tion of services or materials. 

25 (e) ADMINISTRATION.— 


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

2 into an agreement to manage the grant program 

3 with— 

4 (A) the Foundation; or 

5 (B) a similar organization that offers 

6 grant management services. 

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

8 agreement under paragraph (1), the Foundation or 

9 similar organization selected, as applicable, shall— 

10 (A) receive the amounts made available to 

11 carry out the grant program under section 7 for 

12 each applicable fiscal year in an advance pay13 ment of the entire amount on October 1 of that 

14 fiscal year, or as soon as practicable thereafter; 

15 (B) invest and reinvest those amounts for 

16 the benefit of the grant program; and 

17 (C) administer the grant program to sup18 port partnerships between the public and pri19 vate sectors in accordance with this Act. 

20 (3) REQUIREMENTS.—If the Secretary enters 

21 into an agreement with the Foundation under para22 graph (1), any amounts received by the Foundation 

23 under this section shall be subject to the National 

24 Fish and Wildlife Foundation Establishment Act (16 


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

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

3 SEC. 5. ANNUAL REPORTS. 

4 Not later than 180 days after the date of enactment 

5 of this Act, and annually thereafter, the Secretary shall 

6 submit to Congress a report on the implementation of this 

7 Act, including a description of each activity that has re8 ceived funding under this Act in the preceding fiscal year. 

9 SEC. 6. PROHIBITION ON FEDERAL LAND HOLDINGS. 

10 The Federal Government may not maintain owner11 ship of any land acquired under this Act except for the 

12 purpose of promptly transferring ownership to an entity 

13 described in section 4(a). 

14 SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 

15 (a) IN GENERAL.—There is authorized to be appro16 priated to the Secretary to carry out this Act $20,000,000 

17 for each of fiscal years 2024 through 2029, of which not 

18 more than 5 percent shall be used for administrative costs 

19 of carrying out this Act. 

20 (b) GRANT PROGRAM.—Of the amounts made avail21 able to carry out this Act for each fiscal year, the Sec22 retary shall use not less than 75 percent to carry out the 

23 grant program, including for technical assistance relating 

24 to the grant program. 


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1 (c) SUPPLEMENT, NOT SUPPLANT.—Amounts made 

2 available to carry out this Act for each fiscal year shall 

3 supplement, and not supplant, funding for other activities 

4 conducted by the Secretary in the Watershed. 

5 SEC. 8. SUNSET. 

6 This Act shall cease to have force or effect on October 

7 1, 2030. 

Æ 


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