New York-New Jersey Watershed Protection Act

Subjects: Environmental Protection


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1335 Introduced in Senate (IS)]

&lt;DOC&gt;






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.

    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 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 Act.
                    (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 
                        Act, 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.
            (4) Grant program.--The term ``grant program'' means the 
        voluntary New York-New Jersey Watershed Restoration Grant 
        Program established under section 4(a).
            (5) Program.--The term ``program'' means the New York-New 
        Jersey Watershed Restoration Program established under section 
        3(a).
            (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 composed 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.

SEC. 3. NEW YORK-NEW JERSEY WATERSHED RESTORATION PROGRAM.

    (a) 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''.
    (b) Purposes.--The purposes of the program shall 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 for those 
        activities, throughout the Watershed--
                    (A) to sustain and enhance fish and wildlife 
                habitat;
                    (B) 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;
                    (C) 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;
                    (D) 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;
                    (E) to increase scientific capacity to support the 
                planning, monitoring, and research activities necessary 
                to carry out coordinated restoration and protection 
                activities in the Watershed;
                    (F) to provide for feasibility and planning studies 
                for green infrastructure 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 (c)(3);
                    (H) to monitor environmental quality to assess 
                progress toward the purposes of this Act; and
                    (I) 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) carrying out restoration and protection activities 
        necessary, as determined by the Secretary, for the 
        implementation of approved plans.
    (c) 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;
            (2) 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
            (3) 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 (2);
                    (B) targets cost-effective projects with measurable 
                results;
                    (C) maximizes conservation outcomes;
                    (D) prioritizes the needs of communities 
                experiencing environmental injustice; and
                    (E) implements the grant program.
    (d) Consultation.--In establishing the program, the Secretary shall 
consult with, as appropriate--
            (1) the heads of Federal agencies, including--
                    (A) the Administrator of the Environmental 
                Protection Agency;
                    (B) the Administrator of the National Oceanic and 
                Atmospheric Administration;
                    (C) the Secretary of Agriculture;
                    (D) the Director of the National Park Service; and
                    (E) the heads of such other Federal agencies as the 
                Secretary determines to be appropriate;
            (2) the Governor of New York;
            (3) the Governor of New Jersey;
            (4) the Commissioner of the New York State Department of 
        Environmental Conservation;
            (5) the Director of the New Jersey Division of Fish and 
        Wildlife;
            (6) the New York-New Jersey Harbor & Estuary Program; and
            (7) 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.

SEC. 4. NEW YORK-NEW JERSEY WATERSHED RESTORATION GRANT PROGRAM.

    (a) 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 section 3(b)(2).
    (b) Criteria.--The Secretary, in consultation with the individuals 
and entities referred to in section 3(d), shall develop criteria for 
the grant program to ensure that activities funded under the grant 
program--
            (1) accomplish 1 or more of the purposes identified in 
        section 3(b)(2); and
            (2) advance the implementation of priority actions or needs 
        identified in the Watershed-wide strategy adopted under section 
        3(c)(3).
    (c) 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 
section 3(b)(2) within the Watershed by addressing organizational 
capacity needs.
    (d) Cost-Share.--
            (1) Federal share.--
                    (A) In general.--Except as provided in subparagraph 
                (B), 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, as 
                determined by the Secretary.
                    (B) Small, rural, and disadvantaged communities.--
                            (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 that serves a small, 
                        rural, or disadvantaged community shall be 90 
                        percent, as determined by the Secretary.
                            (ii) Waiver.--The Secretary may increase 
                        the Federal share under clause (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.
            (2) Non-federal share.--
                    (A) 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, as determined by the Secretary.
                    (B) Form of payment.--The non-Federal share 
                described in subparagraph (A) may be provided--
                            (i) in cash; or
                            (ii) in the form of an in-kind contribution 
                        of services or materials.
    (e) Administration.--
            (1) In general.--The Secretary may enter into an agreement 
        to manage the grant program with--
                    (A) the Foundation; or
                    (B) a similar organization that offers grant 
                management services.
            (2) Funding.--If the Secretary enters into an agreement 
        under paragraph (1), the Foundation or similar organization 
        selected, as applicable, shall--
                    (A) receive the amounts made available to carry out 
                the grant program under section 7 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;
                    (B) invest and reinvest those amounts for the 
                benefit of the grant program; and
                    (C) 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 activity that has received funding under this Act in the preceding 
fiscal year.

SEC. 6. PROHIBITION ON FEDERAL LAND HOLDINGS.

    The Federal Government may not maintain ownership of any land 
acquired under this Act except for the purpose of promptly transferring 
ownership to an entity described in section 4(a).

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to the 
Secretary to carry out this Act $20,000,000 for each of fiscal years 
2024 through 2029, of which not more than 5 percent shall be used for 
administrative costs of carrying out this Act.
    (b) Grant Program.--Of the amounts made available to carry out this 
Act for each fiscal year, the Secretary shall use not less than 75 
percent to carry out the grant program, including for technical 
assistance relating to the grant program.
    (c) Supplement, Not Supplant.--Amounts made available to carry out 
this Act for each fiscal year shall supplement, and not supplant, 
funding for other activities conducted by the Secretary in the 
Watershed.

SEC. 8. SUNSET.

    This Act shall cease to have force or effect on October 1, 2030.
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