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H.R. 4677 — what changed

New York-New Jersey Watershed Protection Act

From Introduced in House to Reported in House. 5 sections amended and 1 removed between Introduced in House and Reported in House.

Sec. 2 Definitions

changed Congress finds the following:In this Act:

(1)
changed Approved plans— The New York-New Jersey Watershed, which encompasses all the watersheds that flow into New York-New Jersey Harbor and their associated estuaries, such as the Hudson, Mohawk, Raritan, Passaic, Hackensack, and Bronx River Watersheds and the Hudson River Estuary, provide multiple benefits to diverse stakeholders including regarding fisheries and wildlife, conservation of natural resources and public and private lands, critical urban greenspaces and quality of life, and conservation of ocean and coastal resources.term “approved plan”—
(A)
added means any plan for management of the New York-New Jersey Watershed—
(i)
added 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
(ii)
added that is determined by the Director, in consultation with such entities, to contribute to the achievement of the purposes of this Act; and
(B)
added 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.
(2)
changed Director— These resources support one The term “Director” means the Director of the most densely populated United States Fish and economically important regions in the country.Wildlife Service.
(3)
changed Environmental justice— Managing this public resource and its many services requires leadership from The term “environmental justice” means the Department fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income, with respect to the Interior development, implementation, and coordination among other Federal agencies, two States, hundreds enforcement of counties, cities and towns, environmental laws, regulations, and millions of property owners.policies.
(4)
changed Foundation— These ongoing challenges are compounded by The term “Foundation” means the likely impacts of rising air and water temperatures, increases in incidences of extreme weather from large storms to rainfall, National Fish and rising sea levels.Wildlife Foundation.
(5)
changed Grant program— The term “grant program” means the voluntary New York-New Jersey Harbor contributes $8,500,000,000 annually in Federal, State, and local tax revenue and is directly or indirectly responsible for 629,000 jobs with $90,500,000,000 in annual personal and business wages.Watershed Restoration Grant Program established under section 4.
(6)
changed Program— The term “program” means the New York-New Jersey Watershed supports multiple industries that attract over $60,700,000,000 in annual revenue through tourism, commercial fishing, and recreational activities.Restoration Program established under section 3.
(7)
changed Restoration and protection— The Mohawk River’s term “restoration and protection” means the conservation, stewardship, and enhancement of habitat for fish and wildlife and water resources play an important role in tourism, shipping, quality to preserve and related businesses, with tourism alone valued at more than $1,340,000,000 annually.improve ecosystems and ecological processes on which they depend and for use and enjoyment by the public.
(8)
changed Secretary— Management of The term “Secretary” means the shorelines Secretary of the New York-New Jersey Watershed is critical to flood mitigation and habitat for fish and wildlife. Further, following the loss of life and billions of dollars of damages caused by Hurricanes Sandy, Irene and Lee, Federal, State, and local governments recognize that natural and nature-based flood hazard mitigation measures, including living shorelines and restoring Interior, acting through the function of riparian corridors, are cost-effective solutions.Director.
(9)
changed Service— Restoration activities in the New York-New Jersey Watershed are supported through several Federal and State programs, and funding for those important programs should continue and complement the establishment of the New York-New Jersey Watershed Restoration Program, which is intended to build on and help coordinate restoration and protection funding mechanisms at The term “Service” means the Federal, State, regional, United States Fish and local levels.Wildlife Service.
(10)
changed Watershed— Millions The term “Watershed” means the New York-New Jersey Watershed, which is comprised of people rely on all land area whose surface water drains into New York-New Jersey Harbor, the Mohawk, Raritan, waters contained within that land area, and Hackensack Rivers as sources of drinking water.the estuaries associated with those watersheds.
(11)
removed The New York-New Jersey Watershed supports Federal threatened species and endangered species, including the shortnose sturgeon and Atlantic sturgeon.
(12)
removed Many residents of the region of the New York-New Jersey Watershed live in communities lacking in environmental justice, where access to and enjoyment of fish, wildlife, clean water, and other natural resources have been impaired or compromised.
(13)
removed Drawing on existing management plans and existing and ongoing voluntary conservation efforts in the New York-New Jersey Watershed will improve efficiency and cost-effectiveness, as well as increase private-sector investments and coordination of Federal and non-Federal resources.

Sec. 3 Program establishment

(a)
added 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”.

removed In this Act:

(b)
changed Approved plans—Duties— The term “approved plan”—In carrying out the program, the Secretary shall—
(1)
changed means any plan 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 Watershed—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
(i)
removed that has been approved by a Federal, regional, State, or local governmental entity; or
(ii)
removed that is determined by the Director, in consultation with such entities, to contribute to the achievement of the purposes of this Act; and
(2)
changed 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 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 critical conservation projects in the region that achieve the purposes of this Act.adopt a Watershed-wide strategy that—
(A)
added supports the implementation of a shared set of science-based restoration and protection activities developed in accordance with paragraph (1);
(B)
added targets cost-effective projects with measurable results;
(C)
added maximizes conservation outcomes;
(D)
added prioritizes the needs of communities lacking in environmental justice; and
(E)
added establishes the voluntary grant and technical assistance programs authorized in this Act.
(c)
changed Director—Consultation and coordination— The term “Director” means In establishing the Director of program, the United States Fish and Wildlife Service.Secretary shall, as appropriate—
(1)
added consult with—
(A)
added the heads of Federal agencies, including—
(i)
added the Administrator of the Environmental Protection Agency;
(ii)
added the Administrator of the National Oceanic and Atmospheric Administration;
(iii)
added the Secretary of the U.S. Department of Agriculture;
(iv)
added the Director of the National Park Service; and
(v)
added other agencies, as appropriate; and
(B)
added Indian Tribes; and
(2)
added coordinate with—
(A)
added 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;
(B)
added the New York-New Jersey Harbor & Estuary Program; and
(C)
added other public agencies and organizations with authority for the planning and implementation of conservation strategies in the Watershed.
(d)
changed Environmental justice—Purposes— The term “environmental justice” means the fair treatment and meaningful involvement of all people regardless purposes of race, color, national origin, or income, with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.program include—
(1)
added coordinating restoration and protection activities among Federal, State, Tribal, local, and regional entities and conservation partners throughout the Watershed;
(2)
added carrying out coordinated restoration and protection activities, and providing for technical assistance throughout the Watershed—
(A)
added to sustain and enhance fish and wildlife habitat restoration and protection activities;
(B)
added 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;
(C)
added 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;
(D)
added 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;
(E)
added to increase scientific capacity to support the planning, monitoring, and research activities necessary to carry out coordinated restoration and protection activities;
(F)
added to provide for feasibility and planning studies for projects that achieve habitat restoration and stormwater management goals;
(G)
added to support land conservation and management activities necessary to fulfill the Watershed-wide strategy adopted under subsection (b);
(H)
added to provide technical assistance to carry out restoration and protection activities in the Watershed;
(I)
added to monitor environmental quality to assess progress toward the goals of this Act; and
(J)
added 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)
added other activities necessary for the implementation of approved plans.
(4)
removed Foundation— The term “Foundation” means the National Fish and Wildlife Foundation.
(5)
removed Grant program— The term “grant program” means the voluntary New York-New Jersey Watershed Restoration Grant Program established under section 5.
(6)
removed Program— The term “program” means the New York-New Jersey Watershed Restoration Program established under section 4.
(7)
removed 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.
(8)
removed Secretary— The term “Secretary” means the Secretary of the Interior, acting through the Director.
(9)
removed Service— The term “Service” means the United States Fish and Wildlife Service.
(10)
removed 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. 4 New York-New Jersey Watershed Restoration Grant Program

(a)
changed Establishment— Not later than 180 days after the date of the enactment of this Act, the The Secretary shall establish a nonregulatory program voluntary grant and technical assistance program, to be known as the “New York-New Jersey Watershed Restoration Program”.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).
(b)
changed Duties—Criteria— In carrying out The Secretary, in consultation with the program, agencies, organizations, and other persons referred to in section 3(c), shall develop criteria for the Secretary shall—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).
(1)
removed 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
(2)
removed adopt a Watershed-wide strategy that—
(A)
removed supports the implementation of a shared set of science-based restoration and protection activities developed in accordance with paragraph (1);
(B)
removed targets cost-effective projects with measurable results;
(C)
removed maximizes conservation outcomes;
(D)
removed recognizes the needs of communities lacking in environmental justice; and
(E)
removed establishes the voluntary grant and technical assistance programs authorized in this Act.
(c)
changed Consultation—Capacity building— In establishing the program, the The Secretary shall consult, as appropriate, with—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.
(d)
added Cost sharing—
(1)
added 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.
(2)
added Non-Department of the Interior share—
(A)
added 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.
(B)
added 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.
(1)
removed the heads of Federal agencies, including—
(A)
removed the Administrator of the Environmental Protection Agency;
(B)
removed the Administrator of the National Oceanic and Atmospheric Administration;
(C)
removed the Chief of the Natural Resources Conservation Service; and
(D)
removed the Director of the National Park Service;
(2)
removed the Governors of New York and New Jersey;
(3)
removed the New York-New Jersey Harbor & Estuary Program; and
(4)
removed other public agencies and organizations with authority for the planning and implementation of conservation strategies in the Watershed.
(d)
removed Purposes— The purposes of the program include—
(1)
removed coordinating restoration and protection activities among Federal, State, local, and regional entities and conservation partners throughout the Watershed;
(3)
changed Waiver— carrying out coordinated restoration and protection activities, and providing for technical assistance throughout The Secretary may waive all or part of the Watershed—matching requirement under section 4(d) if the Secretary determines that—
(A)
removed to sustain and enhance fish and wildlife habitat restoration and protection activities;
(A)
changed 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 no reasonable means are available through which an applicant can meet the ecological needs of fish and wildlife habitat;matching requirement; and
(B)
changed to advance the use probable benefit of natural and nature-based features, living shoreline, and other green infrastructure techniques to maximize the resilience of communities, natural systems, and habitats under changing sea levels, storm risks, and watershed conditions;project outweighs the public interest in the matching requirement.
(e)
added Administration—
(1)
added 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.
(2)
added Funding— If the Secretary enters into an agreement under paragraph (1), the organization selected shall—
(A)
added 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;
(B)
added invest and reinvest those amounts for the benefit of the grant program; and
(C)
added otherwise administer the grant program to support partnerships between the public and private sectors in accordance with this Act.
(3)
added 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)).
(D)
removed to engage the public, particularly communities lacking in environmental justice, through outreach, education, and community involvement to increase capacity and support for coordinated restoration and protection activities in the Watershed;
(E)
removed to increase scientific capacity to support the planning, monitoring, and research activities necessary to carry out coordinated restoration and protection activities;
(F)
removed to provide for feasibility and planning studies for green infrastructure projects that achieve habitat restoration and stormwater management goals;
(G)
removed to support land conservation and management activities necessary to fulfill the Watershed-wide strategy adopted under subsection (b);
(H)
removed to provide technical assistance to carry out restoration and protection activities in the Watershed;
(I)
removed to monitor environmental quality to assess progress toward the goals of this Act; and
(J)
removed to improve fish and wildlife habitats, as well as opportunities for personal recreation, along rivers and shore fronts within communities lacking in environmental justice; and
(3)
removed other activities necessary for the implementation of approved plans.

Sec. 5 Annual reports

added 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.

(a)
removed 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 and local governments, nonprofit organizations, institutions of higher education, and other eligible entities to carry out restoration and protection activities for the Watershed.
(b)
removed Criteria— The Secretary, in consultation with the agencies, organizations, and other persons referred to in section 4(c), shall develop criteria for the grant program to help ensure that activities funded under this section accomplish one or more of the purposes of this Act.
(c)
removed Cost sharing—
(1)
removed Federal share— The Federal 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.
(2)
removed 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)
removed Administration—
(1)
removed 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.
(2)
removed Funding— If the Secretary enters into an agreement under paragraph (1), the organization selected shall—
(A)
removed 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;
(B)
removed invest and reinvest those amounts for the benefit of the grant program; and
(C)
removed otherwise administer the grant program to support partnerships between the public and private sectors in accordance with this Act.
(3)
removed 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. 6 Authorization of appropriations

(a)
added 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.
(b)
added 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.

removed Not later than 180 days after the date of enactment of this Act and annually thereafter, the Secretary shall submit to the 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. 7 Authorization of appropriations

removed
(a)
removed In general— There is authorized to be appropriated to the Secretary to carry out this Act $50,000,000 for each of fiscal years 2022 through 2027.
(b)
removed 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 5 and to provide, or provide for, technical assistance under such program.