I 
112TH CONGRESS 
1ST SESSION H. R. 2325 
To direct the Secretary of the Interior to establish a program to build 
on and help coordinate funding for restoration and protection efforts 
of the 4–State Delaware River Basin region, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 23, 2011 
Mr. CARNEY (for himself, Mr. HOLT, Mr. HINCHEY, Mr. LOBIONDO, Mr. 
FITZPATRICK, Mr. DENT, Mr. RUNYAN, Mr. ANDREWS, Ms. SCHWARTZ, 
and Mr. MEEHAN) 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 deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To direct the Secretary of the Interior to establish a program 
to build on and help coordinate funding for restoration 
and protection efforts of the 4–State Delaware River 
Basin region, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Delaware River Basin 
Conservation Act of 2011’’. 
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SEC. 2. FINDINGS. 
Congress finds that— 
(1) the Delaware River Basin is a national 
treasure of great cultural, environmental, and eco-
logical importance; 
(2) the Basin contains over 12,500 square miles 
of land in the States of Delaware, New Jersey, New 
York, and Pennsylvania, including nearly 800 square 
miles of bay and more than 2,000 tributary rivers 
and streams; 
(3) the Basin is home to more than 8,000,000 
people who depend on the Delaware River and the 
Delaware Bay as an economic engine, a place of 
recreation, and a vital habitat for fish and wildlife; 
(4) the Basin provides clean drinking water to 
more than 15,000,000 people, including New York 
City, which relies on the Basin for approximately 
half of the drinking water supply of the city, and 
Philadelphia, whose most significant threat to the 
drinking water supply of the city is forest clearing 
in the Upper Basin, according to a study conducted 
by the Philadelphia Water Department; 
(5) almost 180 species of fish and wildlife are 
considered special status species in the Basin due to 
habitat loss and degradation, particularly sturgeon, 
eastern oyster, and red knots, which have been iden-
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tified as unique species in need of habitat improve-
ment; 
(6) the Basin provides habitat for over 200 
resident and migrant fish species, includes signifi-
cant recreational fisheries, and is a prolific source of 
eastern oyster, blue crab, and the largest population 
of the American horseshoe crab; 
(7) as of the date of enactment of this Act, oys-
ter landings in the Delaware Bay are at 100,000 
bushels, down from the 500,000 bushels that were 
harvested in the 1980s, due, in part, to water pollu-
tion and disease; 
(8) the Delaware Bay has the second largest 
concentration of shorebirds in North America and is 
designated as one of the four most important 
shorebird migration sites in the world; 
(9) the Basin, 50 percent of which is forested, 
also has 1,000,000 acres of wetland, more than 
126,000 acres of which are recognized as inter-
nationally important, resulting in a landscape that 
provides essential ecosystem services, including 
recreation, commercial, and water-quality benefits; 
(10) much of the remaining exemplary natural 
landscape in the Basin is vulnerable to further deg-
radation, as the Basin gains approximately 14 
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square miles of developed land annually, and with 
new development, urban watersheds are increasingly 
covered by impervious surfaces, amplifying the quan-
tity of polluted runoff into rivers and streams; 
(11) the Delaware River is the longest 
undammed river east of the Mississippi, and a crit-
ical component of the National Wild and Scenic Riv-
ers System in the Northeast; 
(12) management of water volume in the Basin 
is critical to flood mitigation and habitat for fish 
and wildlife, and following 3 major floods along the 
Delaware River since 2004, the Governors of the 
States of Delaware, New Jersey, New York, and 
Pennsylvania have called for natural flood damage 
reduction measures to combat the problem, including 
restoring the function of riparian corridors; 
(13) the Delaware River Port Complex (includ-
ing docking facilities in the States of Delaware, New 
Jersey, and Pennsylvania) is the largest freshwater 
port in the world, the Port of Philadelphia handles 
the largest volume of international tonnage and 70 
percent of the oil shipped to the East Coast, and the 
Port of Wilmington, a full-service deepwater port 
and marine terminal, is the busiest terminal on the 
Delaware River, handling more than 400 vessels per 
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year with an annual import/export cargo tonnage of 
more than 4,000,000 tons; 
(14) the Delaware Estuary, where freshwater 
from the Delaware River mixes with saltwater from 
the Atlantic Ocean, is one of the largest and most 
complex of the 28 estuaries in the National Estuary 
Program, and the Partnership for the Delaware Es-
tuary works to improve the environmental health of 
the Delaware Estuary; 
(15) the Delaware River Basin Commission is a 
Federal-interstate 
compact 
government 
agency 
charged with overseeing a unified approach to man-
aging the river system and implementing important 
water resources management projects and activities 
throughout the Basin that are in the national inter-
est; and 
(16) restoration activities in the Basin are sup-
ported through several Federal and State agency 
programs, and funding for those important pro-
grams should continue and complement the estab-
lishment of the Delaware River Basin Restoration 
Program, which is intended to build on and help co-
ordinate restoration and protection funding mecha-
nisms at the Federal, State, regional, and local lev-
els. 
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SEC. 3. DEFINITIONS. 
In this Act: 
(1) BASIN.—The term ‘‘Basin’’ means the 4– 
State Delaware Basin region, including all of Dela-
ware Bay and portions of the States of Delaware, 
New Jersey, New York, and Pennsylvania located in 
the Delaware River watershed. 
(2) BASIN
STATE.—The term ‘‘Basin State’’ 
means each of the States of Delaware, New Jersey, 
New York, and Pennsylvania. 
(3) DIRECTOR.—The term ‘‘Director’’ means 
the Director of the United States Fish and Wildlife 
Service. 
(4) FOUNDATION.—The term ‘‘Foundation’’ 
means the National Fish and Wildlife Foundation, a 
congressionally chartered foundation established by 
section 2 of the National Fish and Wildlife Founda-
tion Establishment Act (16 U.S.C. 3701). 
(5) GRANT PROGRAM.—The term ‘‘grant pro-
gram’’ means the Delaware River Basin restoration 
grant program established under section 5. 
(6) PROGRAM.—The term ‘‘program’’ means 
the Delaware River Basin restoration program es-
tablished under section 4. 
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(7) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior, acting through the Di-
rector. 
(8) SERVICE.—The term ‘‘Service’’ means the 
United States Fish and Wildlife Service. 
SEC. 4. PROGRAM ESTABLISHMENT. 
(a) ESTABLISHMENT.—Not later than 180 days after 
amounts are made available to carry out this Act, the Sec-
retary shall establish a program to be known as the ‘‘Dela-
ware River Basin restoration program’’. 
(b) DUTIES.—In carrying out the program, the Sec-
retary shall— 
(1) draw on existing and new management 
plans for the Basin and work in consultation with 
applicable management entities, including represent-
atives of the Partnership for the Delaware Estuary, 
the Delaware River Basin Commission, the Federal 
Government, and other State and local governments, 
and regional and nonprofit organizations, as appro-
priate, to identify, prioritize, and implement restora-
tion and protection activities within the Basin; 
(2) adopt an investment strategy that— 
(A) supports the implementation of a 
shared set of restoration and protection activi-
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ties developed in accordance with paragraph 
(1); 
(B) 
targets 
cost-effective 
conservation 
projects; and 
(C) supports measurable conservation ef-
forts; 
(3) establish the grant program in accordance 
with section 5; and 
(4) provide for technical assistance in accord-
ance with this Act. 
(c) COORDINATION.—In establishing the program, 
the Secretary shall consult, as appropriate, with— 
(1) the heads of Federal agencies, including— 
(A) the Administrator of the Environ-
mental Protection Agency; 
(B) the Administrator of the National Oce-
anic Atmospheric Administration; 
(C) the Chief of the Natural Resource 
Conservation Service; 
(D) the Chief of Engineers of the United 
States Army Corps of Engineers; 
(E) the Director of the National Park 
Service; and 
(F) the head of any other applicable agen-
cy; 
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(2) the Governors of the Basin States; 
(3) the Partnership for the Delaware Estuary; 
(4) the Delaware River Basin Commission; 
(5) fish and wildlife joint venture partnerships; 
and 
(6) other public agencies and organizations with 
authority for the planning and implementation of 
conservation strategies in the Basin. 
(d) PURPOSES.—The purposes of the program in-
clude— 
(1) coordinating restoration and protection ac-
tivities among Federal, State, local, and regional en-
tities and conservation partners throughout the 
Basin; 
(2) carrying out coordinated restoration and 
protection activities throughout the Basin and Basin 
States— 
(A) to sustain and enhance habitat restora-
tion and protection activities; 
(B) to sustain and enhance water-quality 
improvements, including drinking water quality; 
(C) to sustain and enhance water manage-
ment and flood damage mitigation improve-
ments to benefit fish and wildlife habitat; 
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(D) to improve opportunities for public ac-
cess and recreation in the Basin; 
(E) to encourage environmentally sensitive 
land use planning and development; 
(F) to increase the capacity to implement 
coordinated restoration and protection activities 
in the Basin by conducting public outreach and 
education and promoting citizen involvement; 
and 
(G) to coordinate, conduct, and support 
the planning, monitoring, and research activi-
ties necessary to carry out coordinated restora-
tion and protection activities; and 
(3) providing competitive grants for technical 
assistance to carry out restoration and protection ac-
tivities in the Basin, with priority given to activities 
with multiple benefits, including habitat, water qual-
ity, and flood protection. 
SEC. 5. GRANTS AND ASSISTANCE. 
(a) DELAWARE RIVER BASIN RESTORATION PRO-
GRAM.—To the extent that funds are available to carry 
out this section, the Secretary shall establish a grant pro-
gram to be known as the ‘‘Delaware River Basin restora-
tion grant program’’ to provide competitive matching 
grants of varying amounts to State and local governments, 
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nonprofit organizations, community organizations, institu-
tions of higher education, and other eligible entities to 
carry out activities described in section 4(d). 
(b) CRITERIA.—The Secretary, in consultation with 
the organizations described in section 4(c), shall develop 
criteria for the grant program to help ensure that activi-
ties funded under this section accomplish one or more of 
the following: 
(1) Restoration or protection of fish and wildlife 
species and the habitats of those species. 
(2) Improvement or protection of water quality 
by reducing nonpoint and point source pollutants. 
(3) Reduction or improvement of the manage-
ment of water volume and flooding. 
(4) Inclusion of priority needs or actions identi-
fied in the single investment strategy adopted under 
section 4(b)(2). 
(5) Inclusion of restoration and protection ac-
tivities with multiple benefits in the Basin, including 
habitat, water quality, and flood damage reduction. 
(c) COST SHARING.— 
(1) FEDERAL SHARE.—The Federal share of 
the cost of a project funded under the grant pro-
gram shall not exceed 75 percent of the total cost 
of the activity, as determined by the Secretary. 
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(2) NON-FEDERAL
SHARE.—The non-Federal 
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. 
(d) 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 with applicable expertise. 
(2) FUNDING.—If the Secretary enters into an 
agreement under paragraph (1), the organization se-
lected shall— 
(A) for each fiscal year, receive amounts to 
carry out this section in an advance payment of 
the entire amount on October 1, or as soon as 
practicable thereafter, of that fiscal year; 
(B) invest and reinvest those amounts for 
the benefit of the grant program; and 
(C) otherwise administer the grant pro-
gram to support partnerships between the pub-
lic and private sectors in accordance with this 
Act. 
(3) REQUIREMENTS.—If the Secretary enters 
into an agreement with the Foundation under para-
graph (1), any amounts received by the Foundation 
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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)). 
(e) TECHNICAL ASSISTANCE.—The Secretary may 
provide, or provide for, technical assistance to carry out 
this section, on a nonreimbursable basis, to— 
(1) other Federal agencies; 
(2) State and local governments; 
(3) nonprofit organizations; 
(4) community organizations; 
(5) institutions of higher education; or 
(6) other entities, as the Secretary determines 
to be appropriate. 
SEC. 6. 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 re-
ceived funding under this Act. 
SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—The U.S. Fish and Wildlife Serv-
ice shall use funds within its existing budgetary authority 
to carry out this Act. 
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