,,ii #aadth ,,congress #ast ,session ,s4 #iba ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #ad1 #bjae,mr4 ,carper 7for himself1 ,mr4 ,coons1 ,mr4 ,booker1 ,mr4 ,menendez1 ,mr4 ,casey1 ,mr4 ,schumer1 and ,mrs4 ,gillibrand7 introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to direct the ,secretary of the ,interior to establish a nonregulatory program to build on and help coordinate funding for restoration and protection efforts of the #d-,state ,delaware ,river ,basin region1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,delaware ,river ,basin ,conservation ,act of #bjae4 #b4 ,findings ,congress finds that-- 7#a7 the ,delaware ,river ,basin is a national treasure of great cultural1 environmental1 ecological1 and economic importance2 7#b7 the ,basin contains over #ab1ejj square miles of land in the ,states of ,delaware1 ,new ,jersey1 ,new ,york1 and ,pennsylvania1 including nearly #hjj square miles of bay and more than #b1jjj tributary rivers and streams2 7#c7 the ,basin is home to more than #h1jjj1jjj people who depend on the ,delaware ,river and the ,delaware ,bay as an economic engine1 a place of recreation1 and a vital habitat for fish and wildlife2 7#d7 the ,basin provides clean drinking water to more than #ae1jjj1jjj people1 including ,new ,york ,city1 which relies on the ,basin for approximately half of the drinking water supply of the city1 and ,philadelphia1 whose most significant threat to the drinking water supply of the city is loss of forests and other natural cover in the ,upper ,basin1 according to a study conducted by the ,philadelphia ,water ,department2 7#e7 the ,basin contributes #be1jjj1jjj1jjj annually in economic activity1 provides #ba1jjj1jjj1jjj in ecosystem goods and services per year1 and is directly or indirectly responsible for #fjj1jjj jobs with #aj1jjj1jjj1jjj in annual wages2 7#f7 almost #ahj species of fish and wildlife are considered special status species in the ,basin due to habitat loss and degradation1 particularly sturgeon1 eastern oyster1 horseshoe crabs1 and red knots1 which have been identified as unique species in need of habitat improvement2 7#g7 the ,basin provides habitat for over #bjj resident and migrant fish species1 includes significant recreational fisheries1 and is an important source of eastern oyster1 blue crab1 and the largest population of the ,american horseshoe crab2 7#h7 the annual dockside value of commercial eastern oyster fishery landings for the ,delaware ,estuary is nearly #d1jjj1jjj1 making it the fourth most lucrative fishery in the ,delaware ,river ,basin watershed1 and proven management strategies are available to increase oyster habitat1 abundance1 and harvest2 7#i7 the ,delaware ,bay has the second largest concentration of shorebirds in ,north ,america and is designated as one of the #d most important shorebird migration sites in the world2 7#aj7 the ,basin1 #ej percent of which is forested1 also has over #gjj1jjj acres of wetland1 more than #abf1jjj acres of which are recognized as internationally important1 resulting in a landscape that provides essential ecosystem services1 including recreation1 commercial1 and water quality benefits2 7#aa7 much of the remaining exemplary natural landscape in the ,basin is vulnerable to further degradation1 as the ,basin gains approximately #aj square miles of developed land annually1 and with new development1 urban watersheds are increasingly covered by impervious surfaces1 amplifying the quantity of polluted runoff into rivers and streams2 7#ab7 the ,delaware ,river is the longest undammed river east of the ,mississippi2 a critical component of the ,national ,wild and ,scenic ,rivers ,system in the ,northeast1 with more than #djj miles designated2 home to one of the most heavily visited ,national ,park units in the ,united ,states1 the ,delaware ,water ,gap ,national ,recreation ,area2 and the location of #f ,national ,wildlife ,refuges2 7#ac7 the ,delaware ,river supports an internationally renowned cold water fishery in more than #hj miles of its northern headwaters that attracts tens of thousands of visitors each year and generates over #ba1jjj1jjj in annual revenue through tourism and recreational activities2 7#ad7 management of water volume in the ,basin is critical to flood mitigation and habitat for fish and wildlife1 and following #c major floods along the ,delaware ,river since #bjjd1 the ,governors of the ,states of ,delaware1 ,new ,jersey1 ,new ,york1 and ,pennsylvania have called for natural flood damage reduction measures to combat the problem1 including restoring the function of riparian corridors2 7#ae7 the ,delaware ,river ,port ,complex 7including docking facilities in the ,states of ,delaware1 ,new ,jersey1 and ,pennsylvania7 is one of the largest freshwater ports in the world1 the ,port of ,philadelphia handles the largest volume of international tonnage and #gj percent of the oil shipped to the ,east ,coast1 and the ,port of ,wilmington1 a full-service deepwater port and marine terminal supporting more than #ab1jjj jobs1 is the busiest terminal on the ,delaware ,river1 handling more than #djj vessels per year with an annual import_/export cargo tonnage of more than #d1jjj1jjj tons2 7#af7 the ,delaware ,estuary1 where freshwater from the ,delaware ,river mixes with saltwater from the ,atlantic ,ocean1 is one of the largest and most complex of the #bh estuaries in the ,national ,estuary ,program1 and the ,partnership for the ,delaware ,estuary works to improve the environmental health of the ,delaware ,estuary2 7#ag7 the ,delaware ,river ,basin ,commission is a ,federal-interstate compact government agency charged with overseeing a unified approach to managing the river system and implementing important water resources management projects and activities throughout the ,basin that are in the national interest2 7#ah7 restoration activities in the ,basin are supported through several ,federal and ,state agency programs1 and funding for those important programs should continue and complement the establishment of the ,delaware ,river ,basin ,restoration ,program1 which is intended to build on and help coordinate restoration and protection funding mechanisms at the ,federal1 ,state1 regional1 and local levels2 and 7#ai7 the existing and ongoing voluntary conservation efforts in the ,delaware ,river ,basin necessitate improved efficiency and cost effectiveness1 as well as increased private-sector investments and coordination of ,federal and non-,federal resources4 #c4 ,definitions ,in this ,act3 7#a7 ,basin ,the term ,basin means the #d-,state ,delaware ,basin region1 including all of ,delaware ,bay and portions of the ,states of ,delaware1 ,new ,jersey1 ,new ,york1 and ,pennsylvania located in the ,delaware ,river watershed4 7#b7 ,basin ,state ,the term ,basin ,state means each of the ,states of ,delaware1 ,new ,jersey1 ,new ,york1 and ,pennsylvania4 7#c7 ,director ,the term ,director means the ,director of the ,united ,states ,fish and ,wildlife ,service4 7#d7 ,foundation ,the term ,foundation means the ,national ,fish and ,wildlife ,foundation1 a congressionally chartered foundation established by section #b of the ,national ,fish and ,wildlife ,foundation ,establishment ,act 7#af ,u4,s4,c4 #cgja74 7#e7 ,grant program ,the term grant program means the voluntary ,delaware ,river ,basin ,restoration ,grant ,program established under section #e4 7#f7 ,program ,the term program means the nonregulatory ,delaware ,river ,basin restoration program established under section #d4 7#g7 ,restoration and protection ,the term restoration and protection means the conservation1 stewardship1 and enhancement of habitat for fish and wildlife to preserve and improve ecosystems and ecological processes on which they depend1 and for use and enjoyment by the public4 7#h7 ,secretary ,the term ,secretary means the ,secretary of the ,interior1 acting through the ,director4 7#i7 ,service ,the term ,service means the ,united ,states ,fish and ,wildlife ,service4 #d4 ,program establishment 7a7 ,establishment ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall establish a nonregulatory program to be known as the ,delaware ,river ,basin restoration program4 7b7 ,duties ,in carrying out the program1 the ,secretary shall-- 7#a7 draw on existing and new management plans for the ,basin1 or portions of the ,basin1 and work in consultation with applicable management entities1 including representatives of the ,partnership for the ,delaware ,estuary1 the ,delaware ,river ,basin ,commission1 the ,federal ,government1 and other ,state and local governments1 and regional and nonprofit organizations1 as appropriate1 to identify1 prioritize1 and implement restoration and protection activities within the ,basin2 7#b7 adopt a ,basinwide strategy that-- 7,a7 supports the implementation of a shared set of science-based restoration and protection activities developed in accordance with paragraph 7#a72 7,b7 targets cost-effective projects with measurable results2 and 7,c7 maximizes conservation outcomes with no net gain of ,federal full-time equivalent employees2 and 7#c7 establish the voluntary grant and technical assistance programs in accordance with section #e4 7c7 ,coordination ,in establishing the program1 the ,secretary shall consult1 as appropriate1 with-- 7#a7 the heads of ,federal agencies1 including-- 7,a7 the ,administrator of the ,environmental ,protection ,agency2 7,b7 the ,administrator of the ,national ,oceanic and ,atmospheric ,administration2 7,c7 the ,chief of the ,natural ,resources ,conservation ,service2 7,d7 the ,chief of ,engineers of the ,corps of ,engineers2 and 7,e7 the head of any other applicable agency2 7#b7 the ,governors of the ,basin ,states2 7#c7 the ,partnership for the ,delaware ,estuary2 7#d7 the ,delaware ,river ,basin ,commission2 7#e7 fish and wildlife joint venture partnerships2 and 7#f7 other public agencies and organizations with authority for the planning and implementation of conservation strategies in the ,basin4 7d7 ,purposes ,the purposes of the program include-- 7#a7 coordinating restoration and protection activities among ,federal1 ,state1 local1 and regional entities and conservation partners throughout the ,basin2 7#b7 carrying out coordinated restoration and protection activities1 and providing for technical assistance throughout the ,basin and ,basin ,states-- 7,a7 to sustain and enhance fish and wildlife habitat restoration and protection activities2 7,b7 to improve and maintain water quality to support fish and wildlife1 as well as the habitats of fish and wildlife1 and drinking water for people2 7,c7 to sustain and enhance water management for volume and flood damage mitigation improvements to benefit fish and wildlife habitat2 7,d7 to improve opportunities for public access and recreation in the ,basin consistent with the ecological needs of fish and wildlife habitat2 7,e7 to facilitate strategic planning to maximize the resilience of natural systems and habitats under changing watershed conditions2 7,f7 to engage the public through outreach1 education1 and citizen involvement1 to increase capacity and support for coordinated restoration and protection activities in the ,basin2 7,g7 to increase scientific capacity to support the planning1 monitoring1 and research activities necessary to carry out coordinated restoration and protection activities2 and 7,h7 to provide technical assistance to carry out restoration and protection activities in the ,basin4 #e4 ,grants and assistance 7a7 ,delaware ,river ,basin ,restoration ,grant ,program ,to the extent that funds are available to carry out this section1 the ,secretary shall establish a voluntary grant and technical assistance program to be known as the ,delaware ,river ,basin ,restoration ,grant ,program to provide competitive matching grants of varying amounts to ,state and local governments1 nonprofit organizations1 institutions of higher education1 and other eligible entities to carry out activities described in section #d7;d74 7b7 ,criteria ,the ,secretary1 in consultation with the organizations described in section #d7;c71 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 #d7;d77#b7 and advance the implementation of priority actions or needs identified in the ,basinwide strategy adopted under section #d7;b77#b74 7c7 ,cost sharing 7#a7 ,federal share ,the ,federal share of the cost of a project funded under the grant program shall not exceed #ej percent of the total cost of the activity1 as determined by the ,secretary4 7#b7 ,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 materials4 7d7 ,administration 7#a7 ,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 services4 7#b7 ,funding ,if the ,secretary enters into an agreement under paragraph 7#a71 the organization selected shall-- 7,a7 for each fiscal year1 receive amounts to carry out this section in an advance payment of the entire amount on ,october #a1 or as soon as practicable thereafter1 of that fiscal year2 7,b7 invest and reinvest those amounts for the benefit of the grant program2 and 7,c7 otherwise administer the grant program to support partnerships between the public and private sectors in accordance with this ,act4 7#c7 ,requirements ,if the ,secretary enters into an agreement with the ,foundation under paragraph 7#a71 any amounts received by the ,foundation under this section shall be subject to the ,national ,fish and ,wildlife ,foundation ,establishment ,act 7#af ,u4,s4,c4 #cgja et seq471 excluding section #aj7;a7 of that ,act 7#af ,u4,s4,c4 #cgji7;a774 #f4 ,annual reports ,not later than #ahj days after the date of enactment of this ,act and annually thereafter1 the ,secretary shall submit to ,congress a report on the implementation of this ,act1 including a description of each project that has received funding under this ,act4 #g4 ,authorization of appropriations 7a7 ,in general ,there is authorized to be appropriated to the ,secretary to carry out this ,act #e1jjj1jjj for each of fiscal years #bjaf through #bjba4 7b7 ,use ,of any amount made available under this section for each fiscal year1 the ,secretary shall use at least #ge percent to carry out the grant program under section #e and to provide1 or provide for1 technical assistance under such program4