Section 1 Short title
This Act may be cited as the “New York-New Jersey Watershed Protection Act”.
New York-New Jersey Watershed Protection Act
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.
Sec. 2 Definitions
In this Act:
Approved plans— The term “approved plan”—
means any plan for management of the New York-New Jersey Watershed—
that has been approved by a Federal, regional, State, Tribal, or local governmental entity, including but not limited to State Wildlife Action Plans, Comprehensive Conservation Management Plans, Watershed Improvement Plans; or
that is determined by the Director, in consultation with such entities, to contribute to the achievement of the purposes of this Act; and
includes the New York-New Jersey Harbor & Estuary Program (HEP) Action Agenda, the Hudson Raritan Comprehensive Restoration Plan, the Hudson River Comprehensive Restoration Plan, the Hudson River Estuary Program Action Agenda, the Hudson River Park Trust Estuarine Sanctuary Management Plan, the Mohawk River Action Agenda, the Sustainable Raritan River Initiative Action Plan, the Lower Passaic and Bronx & Harlem Federal Urban Waters Partnership Workplans, the New Jersey Sports and Exhibition Authority Meadowlands Restoration Plan, as well as other conservation projects in the region that achieve the purposes of this Act.
Director— The term “Director” means the Director of the United States Fish and Wildlife Service.
Environmental justice— The term “environmental justice” means the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.
Foundation— The term “Foundation” means the National Fish and Wildlife Foundation.
Grant program— The term “grant program” means the voluntary New York-New Jersey Watershed Restoration Grant Program established under section 4.
Program— The term “program” means the New York-New Jersey Watershed Restoration Program established under section 3.
Restoration and protection— The term “restoration and protection” means the conservation, stewardship, and enhancement of habitat for fish and wildlife and water quality to preserve and improve ecosystems and ecological processes on which they depend and for use and enjoyment by the public.
Secretary— The term “Secretary” means the Secretary of the Interior, acting through the Director.
Service— The term “Service” means the United States Fish and Wildlife Service.
Watershed— The term “Watershed” means the New York-New Jersey Watershed, which is comprised of all land area whose surface water drains into New York-New Jersey Harbor, the waters contained within that land area, and the estuaries associated with those watersheds.
Sec. 3 Program establishment
Establishment— Not later than 180 days after the date of the enactment of this Act, the Secretary shall establish a nonregulatory program to be known as the “New York-New Jersey Watershed Restoration Program”.
Duties— In carrying out the program, the Secretary shall—
draw on existing and new approved plans for the Watershed, or portions of the Watershed, and work in consultation with applicable management entities, including representatives of the New York-New Jersey Harbor and Estuary Program (HEP), Hudson River Estuary Program, Mohawk River Basin Program, Sustainable Raritan River Initiative, the Federal Government, and other State and local governments, and regional and nonprofit organizations, as appropriate, to identify, prioritize, and implement restoration and protection activities within the Watershed; and
adopt a Watershed-wide strategy that—
supports the implementation of a shared set of science-based restoration and protection activities developed in accordance with paragraph (1);
targets cost-effective projects with measurable results;
maximizes conservation outcomes;
prioritizes the needs of communities lacking in environmental justice; and
establishes the voluntary grant and technical assistance programs authorized in this Act.
Consultation and coordination— In establishing the program, the Secretary shall, as appropriate—
consult with—
the heads of Federal agencies, including—
the Administrator of the Environmental Protection Agency;
the Administrator of the National Oceanic and Atmospheric Administration;
the Secretary of the U.S. Department of Agriculture;
the Director of the National Park Service; and
other agencies, as appropriate; and
Indian Tribes; and
coordinate with—
the Governors of New York and New Jersey, along with the Commissioner of the New York State Department of Environmental Conservation and the Director of the New Jersey Division of Fish and Wildlife;
the New York-New Jersey Harbor & Estuary Program; and
other public agencies and organizations with authority for the planning and implementation of conservation strategies in the Watershed.
Purposes— The purposes of the program include—
coordinating restoration and protection activities among Federal, State, Tribal, local, and regional entities and conservation partners throughout the Watershed;
carrying out coordinated restoration and protection activities, and providing for technical assistance throughout the Watershed—
to sustain and enhance fish and wildlife habitat restoration and protection activities;
to improve and maintain water quality to support fish, wildlife, and their habitat, as well as to improve opportunities for public access and recreation in the Watershed consistent with the ecological needs of fish and wildlife habitat;
to advance the use of natural and nature-based features, living shoreline, natural climate solutions, and other green infrastructure techniques to maximize the resilience of communities, natural systems, and habitats under changing sea levels, storm risks, and watershed conditions;
to engage the public, particularly communities experiencing environmental injustice, through outreach, education, and community involvement to increase capacity and support for coordinated restoration and protection activities in the Watershed;
to increase scientific capacity to support the planning, monitoring, and research activities necessary to carry out coordinated restoration and protection activities;
to provide for feasibility and planning studies for projects that achieve habitat restoration and stormwater management goals;
to support land conservation and management activities necessary to fulfill the Watershed-wide strategy adopted under subsection (b);
to provide technical assistance to carry out restoration and protection activities in the Watershed;
to monitor environmental quality to assess progress toward the goals of this Act; and
to improve fish and wildlife habitats, as well as opportunities for personal recreation, along rivers and shore fronts within communities experiencing environmental injustice; and
other activities necessary for the implementation of approved plans.
Sec. 4 New York-New Jersey Watershed Restoration Grant Program
Establishment— 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 of varying amounts to State, Tribal and local governments, nonprofit organizations, institutions of higher education, and other eligible entities to carry out activities described in section 3(d)(2).
Criteria— The Secretary, in consultation with the agencies, organizations, and other persons referred to in section 3(c), shall develop criteria for the grant program to help ensure that activities funded under this section accomplish one or more of the purposes identified in section 3(d)(2) and advance the implementation of priority actions or needs identified in the Watershed-wide strategy adopted under section 3(b)(2).
Capacity building— The Secretary shall include grant program provisions designed to increase the effectiveness of organizations that work at the nexus of natural resource and community health issues within the New York-New Jersey Watershed by addressing organizational capacity needs.
Cost sharing—
Department of the Interior share— The Department of the Interior share of the cost of a project funded under the grant program shall not exceed 75 percent of the total cost of the activity, as determined by the Secretary.
Non-Department of the Interior share—
In general— The non-Department of the Interior 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.
Other federal funding— Non-Department of the Interior Federal funds may be used for not more than 25 percent of the total cost of a project funded under the grant program.
Waiver— The Secretary may waive all or part of the matching requirement under section 4(d) if the Secretary determines that—
no reasonable means are available through which an applicant can meet the matching requirement; and
the probable benefit of the project outweighs the public interest in the matching requirement.
Administration—
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 that offers grant management services.
Funding— If the Secretary enters into an agreement under paragraph (1), the organization selected shall—
for each fiscal year, receive amounts made available to carry out this section in an advance payment of the entire amounts on October 1 of that fiscal year, or as soon as practicable thereafter;
invest and reinvest those amounts for the benefit of the grant program; and
otherwise administer the grant program to support partnerships between the public and private sectors in accordance with this Act.
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 project that has received funding under this Act in the preceding fiscal year.
Sec. 6 Authorization of appropriations
In general— There is authorized to be appropriated to the Secretary to carry out this Act $25,000,000 for each of fiscal years 2022 through 2027.
Use for grant program— Of any amount made available under this section for each fiscal year, the Secretary shall use at least 75 percent to carry out the grant program under section 4 and to provide, or provide for, technical assistance under such program.