,,ii #aagth ,,congress #b;d ,session ,s4 #cdhd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #ab 7legislative day1 ,january #aj71 #bjbb,mr4 ,booker 7for himself1 ,mrs4 ,gillibrand1 ,mr4 ,menendez1 and ,mr4 ,schumer7 introduced the following bill2 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 ,program1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,new ,york-,new ,jersey ,watershed ,protection ,act4 #b4 ,findings ,congress finds that-- 7#a7 the ,new ,york-,new ,jersey ,watershed1 which encompasses all the watersheds that flow into ,new ,york-,new ,jersey ,harbor and the associated estuaries of that ,harbor1 such as the ,hudson1 ,mohawk1 ,raritan1 ,passaic1 ,hackensack1 and ,bronx ,river ,watersheds and the ,hudson ,river ,estuary1 is of great ecological1 economic1 and cultural importance2 7#b7 the ,watershed supports one of the most densely populated and economically important regions in the ,united ,states2 7#c7 millions of people rely on the ,hudson1 ,mohawk1 ,raritan1 and ,hackensack ,rivers as sources of drinking water2 7#d7 the ,watershed supports multiple industries that attract over #fj1gjj1jjj1jjj in annual revenue through tourism1 commercial fishing1 and recreational activities2 7#e7 the ,new ,york-,new ,jersey ,harbor-- 7,a7 contributes #h1ejj1jjj1jjj annually in ,federal1 ,state1 and local tax revenue2 and 7,b7 is directly or indirectly responsible for #fbi1jjj jobs with #ij1ejj1jjj1jjj in annual personal and business wages2 7#f7 the water resources of the ,mohawk ,river play an important role in tourism1 shipping1 and related businesses and industries in the region1 with the tourism industry alone valued at more than #a1cdj1jjj1jjj annually2 7#g7 the ,watershed supports species listed as threatened species or endangered species under section #d of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc71 including the shortnose sturgeon and the ,atlantic sturgeon1 as well as those species whose populations are at risk of steep declines2 7#h7 shorelines1 marshes1 and wetlands throughout the ,watershed are critical to flood mitigation and provide important habitat for a diverse array of fish and wildlife2 7#i7 the ,hudson ,river ,estuary contains more than #g1jjj acres of brackish wetlands that-- 7,a7 filter contaminants2 7,b7 mitigate sea level rise2 7,c7 buffer coastal communities from storms2 and 7,d7 provide habitat for fish and wildlife2 7#aj7 for the past century1 the ,watershed has faced serious threats to water quality1 including hazardous waste1 legacy pollutants1 and partially treated or untreated wastewater2 7#aa7 many of the residents that benefit from the ,watershed live in communities experiencing environmental injustice1 where access to and enjoyment of fish1 wildlife1 clean water1 and other natural resources has been impaired or compromised2 7#ab7 the ongoing environmental injustice challenges described in paragraph 7#aa7 are compounded by the impacts of climate change1 including-- 7,a7 rising air and water temperatures2 7,b7 increases in incidences of extreme weather2 7,c7 changing precipitation patterns2 and 7,d7 rising sea levels2 7#ac7 extreme weather events like ,hurricanes ,sandy1 ,irene1 ,lee1 and ,ida caused loss of life and billions of dollars in damages1 and the shared coastline of ,new ,york and ,new ,jersey remains highly vulnerable to frequent storm surges and rising seas2 7#ad7 ,federal1 ,state1 and local governments recognize that natural and nature-based flood hazard mitigation measures1 including living shorelines and restoring the function of riparian corridors1 are cost-effective solutions that provide environmental1 social1 and economic benefits2 7#ae7 restoration activities in the ,watershed are supported by several ,federal and ,state programs1 and funding for those important programs should continue and complement the establishment of the ,new ,york-,new ,jersey ,watershed ,restoration ,program under section #d7;a71 which is intended to build on and help coordinate restoration and protection funding mechanisms at the ,federal1 ,state1 ,tribal1 regional1 and local levels2 7#af7 managing the ,watershed requires leadership from the ,department of the ,interior and coordination among other ,federal agencies1 #b ,states1 ,indian ,tribes1 hundreds of counties1 cities and towns1 and millions of property owners2 7#ag7 the ,united ,states ,fish and ,wildlife ,service has established a collaborative approach to delivering inclusive1 meaningful conservation gains in urban communities through-- 7,a7 the ,urban ,wildlife ,conservation ,program2 and 7,b7 at landscape scales1 the ,delaware ,river ,basin ,restoration ,program2 and 7#ah7 drawing on existing management plans and existing and ongoing voluntary conservation efforts in the ,watershed will-- 7,a7 improve the efficiency and cost-effectiveness of conservation and restoration efforts2 and 7,b7 increase private sector investments and coordination of ,federal and non-,federal resources4 #c4 ,definitions ,in this ,act3 7#a7 ,approved plan 7,a7 ,in general ,the term approved plan means any plan for management of the ,watershed-- 7i7 that has been approved by a ,federal1 regional1 ,state1 ,tribal1 or local governmental entity1 including ,state ,wildlife ,action ,plans1 ,comprehensive ,conservation ,management ,plans1 and ,watershed ,improvement ,plans2 or 7ii7 that is determined by the ,secretary1 in consultation with the entities described in clause 7i71 to contribute to the achievement of the purposes of this ,act4 7,b7 ,inclusions ,the term approved plan includes-- 7i7 the ,new ,york-,new ,jersey ,harbor ,estuary ,program 7,,hep7 ,action ,agenda2 7ii7 the ,hudson ,raritan ,comprehensive ,restoration ,plan2 7iii7 the ,hudson ,river ,comprehensive ,restoration ,plan2 7iv7 the ,hudson ,river ,estuary ,program ,action ,agenda2 7v7 the ,mohawk ,river ,action ,agenda2 7vi7 the ,sustainable ,raritan ,river ,initiative ,action ,plan2 7vii7 the ,lower ,passaic and ,bronx ,harlem ,federal ,urban ,waters ,partnership ,workplans2 7viii7 the ,new ,jersey ,sports and ,exhibition ,authority ,meadowlands ,restoration ,plan2 and 7ix7 such other conservation projects in the region that achieve the purposes of this ,act1 as determined by the ,secretary4 7#b7 ,environmental justice ,the term environmental justice1 with respect to the development1 implementation1 and enforcement of environmental laws1 regulations1 and policies1 means the fair treatment and meaningful involvement of all people1 regardless of race1 color1 national origin1 or income4 7#c7 ,foundation ,the term ,foundation means the ,national ,fish and ,wildlife ,foundation4 7#d7 ,grant program ,the term grant program means the voluntary ,new ,york-,new ,jersey ,watershed ,restoration ,grant ,program established under section #e7;a74 7#e7 ,program ,the term program means the ,new ,york-,new ,jersey ,watershed ,restoration ,program established under section #d7;a74 7#f7 ,restoration and protection ,the term restoration and protection means the conservation1 stewardship1 and enhancement of habitat for fish and wildlife1 including water quality-- 7,a7 to preserve and improve ecosystems and ecological processes on which those fish and wildlife depend2 and 7,b7 for use and enjoyment by the public4 7#g7 ,secretary ,the term ,secretary means the ,secretary of the ,interior1 acting through the ,director of the ,united ,states ,fish and ,wildlife ,service4 7#h7 ,watershed ,the term ,watershed means the ,new ,york-,new ,jersey ,watershed1 which is comprised of-- 7,a7 all land area the surface water of which drains into the ,new ,york-,new ,jersey ,harbor2 7,b7 the waters contained within that land area2 and 7,c7 the estuaries associated with those watersheds4 #d4 ,new ,york-,new ,jersey ,watershed ,restoration ,program 7a7 ,establishment ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall establish a nonregulatory program1 to be known as the ,new ,york-,new ,jersey ,watershed ,restoration ,program4 7b7 ,purposes ,the purposes of the program shall include-- 7#a7 coordinating restoration and protection activities among ,federal1 ,state1 ,tribal1 local1 and regional entities and conservation partners throughout the ,watershed2 7#b7 carrying out coordinated restoration and protection activities1 and providing for technical assistance for those activities1 throughout the ,watershed-- 7,a7 to sustain and enhance fish and wildlife habitat2 7,b7 to improve and maintain water quality to support fish1 wildlife1 and their habitats1 as well as to improve opportunities for public access and recreation in the ,watershed consistent with the ecological needs of fish and wildlife habitats2 7,c7 to advance the use of natural climate solutions and natural infrastructure1 including living shorelines and other green infrastructure techniques1 to maximize the resilience of communities1 natural systems1 and habitats experiencing the impacts of climate change2 7,d7 to engage the public1 particularly communities experiencing environmental injustice1 through outreach1 education1 and community involvement to increase capacity1 support1 and workforce development for coordinated restoration and protection activities in the ,watershed2 7,e7 to increase scientific capacity to support the planning1 monitoring1 and research activities necessary to carry out coordinated restoration and protection activities in the ,watershed2 7,f7 to provide for feasibility and planning studies for green infrastructure projects that achieve habitat restoration and stormwater management goals2 7,g7 to support land conservation and management activities necessary to fulfill the ,watershed-wide strategy adopted under subsection 7c77#c72 7,h7 to monitor environmental quality to assess progress toward the purposes of this ,act2 and 7,i7 to improve fish and wildlife habitats1 as well as opportunities for personal recreation1 along rivers and shore fronts within communities experiencing environmental injustice2 and 7#c7 carrying out restoration and protection activities necessary1 as determined by the ,secretary1 for the implementation of approved plans4 7c7 ,duties ,in carrying out the program1 the ,secretary shall-- 7#a7 draw on existing and new approved plans for the ,watershed1 or portions of the ,watershed2 7#b7 work in consultation with applicable management entities1 including representatives of the ,new ,york-,new ,jersey ,harbor and ,estuary ,program 7,,hep71 the ,hudson ,river ,estuary ,program1 the ,mohawk ,river ,basin ,program1 the ,sustainable ,raritan ,river ,initiative1 the ,federal ,government1 other ,state and local governments1 and regional and nonprofit organizations1 including environmental justice organizations1 as appropriate1 to identify1 prioritize1 and implement restoration and protection activities within the ,watershed2 and 7#c7 adopt a ,watershed-wide strategy that-- 7,a7 supports the implementation of a shared set of science-based restoration and protection activities developed in accordance with paragraph 7#b72 7,b7 targets cost-effective projects with measurable results2 7,c7 maximizes conservation outcomes2 7,d7 prioritizes the needs of communities experiencing environmental injustice2 and 7,e7 implements the grant program4 7d7 ,consultation ,in establishing the program1 the ,secretary shall consult with1 as appropriate-- 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 ,secretary of ,agriculture2 7,d7 the ,director of the ,national ,park ,service2 and 7,e7 the heads of such other ,federal agencies as the ,secretary determines to be appropriate2 7#b7 the ,governor of ,new ,york2 7#c7 the ,governor of ,new ,jersey2 7#d7 the ,commissioner of the ,new ,york ,state ,department of ,environmental ,conservation2 7#e7 the ,director of the ,new ,jersey ,division of ,fish and ,wildlife2 7#f7 the ,new ,york-,new ,jersey ,harbor ,estuary ,program2 and 7#g7 other public agencies1 ,indian ,tribes1 and organizations with authority for the planning and implementation of conservation strategies in the ,watershed1 as determined appropriate by the ,secretary4 #e4 ,new ,york-,new ,jersey watershed restoration grant program 7a7 ,establishment ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall establish a voluntary grant and technical assistance program1 to be known as the ,new ,york-,new ,jersey ,watershed ,restoration ,grant ,program1 to provide competitive matching grants to ,state1 ,tribal1 and local governments1 nonprofit organizations1 institutions of higher education1 and other eligible entities1 as determined by the ,secretary1 to carry out the coordinated restoration and protection activities described in section #d7;b77#b74 7b7 ,criteria ,the ,secretary1 in consultation with the heads of ,federal agencies1 organizations1 and other persons referred to in section #d7;d71 shall develop criteria for the grant program to ensure that activities funded under the grant program-- 7#a7 accomplish #a or more of the purposes identified in section #d7;b77#b72 and 7#b7 advance the implementation of priority actions or needs identified in the ,watershed-wide strategy adopted under section #d7;c77#c74 7c7 ,capacity building ,in carrying out the grant program1 the ,secretary shall seek to increase the effectiveness of organizations that carry out restoration and protection activities described in section #d7;b77#b7 within the ,watershed by addressing organizational capacity needs4 7d7 ,cost-,share 7#a7 ,federal share ,the ,federal share of the total cost of a restoration and protection activity carried out under the grant program shall be not more than #ge percent of the total cost1 as determined by the ,secretary1 of that activity4 7#b7 ,non-,federal share 7,a7 ,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 #be percent of the total cost1 as determined by the ,secretary1 of that activity4 7,b7 ,form of payment ,the non-,federal described in subparagraph 7,a7 may be provided-- 7i7 in cash2 or 7ii7 in the form of an in-kind contribution of services or materials4 7#c7 ,waiver ,the ,secretary may waive a requirement under paragraph 7#b7 if the ,secretary determines that-- 7,a7 no reasonable means are available through which an applicant can meet the matching requirement2 and 7,b7 the probable benefit of carrying out the restoration and project activity outweighs the public interest in the matching requirement4 7e7 ,administration 7#a7 ,in general ,the ,secretary may enter into an agreement to manage the grant program with-- 7,a7 the ,foundation2 or 7,b7 a similar organization that offers grant management services4 7#b7 ,funding ,if the ,secretary enters into an agreement under paragraph 7#a71 the ,foundation or similar organization selected1 as applicable1 shall-- 7,a7 receive the amounts made available to carry out the grant program under section #g for each applicable fiscal year in an advance payment of the entire amount on ,october #a of that fiscal year1 or as soon as practicable thereafter2 7,b7 invest and reinvest those amounts for the benefit of the grant program2 and 7,c7 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 ,act1 and annually thereafter1 the ,secretary shall submit to ,congress a report on the implementation of this ,act1 including a description of each activity that has received funding under this ,act in the preceding fiscal year4 #g4 ,authorization of appropriations 7a7 ,in general ,there is authorized to be appropriated to the ,secretary to carry out this ,act #ej1jjj1jjj for each of fiscal years #bjbb through #bjbg4 7b7 ,grant program ,of the amounts made available under subsection 7a7 for each fiscal year1 the ,secretary shall use not less than #ge percent to carry out the grant program1 including for technical assistance relating to the grant program4