The NY-NJ Watershed Protection Act S./H.R. 4677
New funding could address water quality, flooding, and invasive species in the Mohawk Watershed
The NY-NJ Watershed Protection Act (S4677 and HR 4677, herein HR-4677) has passed in the US House of Representatives, and the next step is the Senate. The Act recognizes that the NY-NJ Watershed is a critical resource both regionally and nationally, and that it is home to millions of people and a major economic driver that needs protection, restoration, and more equitable access. To address the challenges that the watersheds face, the Act establishes a new program to be administered by the US Fish and Wildlife service to coordinate restoration programs and fund restoration projects, to ensure that science-based principles are used to protect fish and wildlife habitat, improve water quality, increase public access to the watershed, mitigate flood risks, and develop public outreach and educational activities. It also is aimed at recognizing and prioritizing frontline communities experiencing environmental injustice. Target funding for the Act was $50 million annually through 2027, but the House version that passed in 2022 was for $20 million per year. Passage in the House was praised by Riverkeeper, Scenic Hudson, and NY/NJ Baykeeper (here) [9].
The Mohawk Watershed is the largest tributary to the Hudson River, and while many watershed management issues are shared, the Mohawk faces a few unique challenges centered on flooding and ice jamming, water quality problems related to agriculture and urban centers, and ecosystem health. A major ongoing challenge has been aquatic invasive species because the Erie Canal provides a pathway between the Hudson-Mohawk watershed and the Great Lakes. It is often called the Invasive Superhighway (see Watershed note here).
The challenges of addressing this invasive pathway have recently been highlighted by the successful invasion of the Round Goby, a small, aggressive, fish-egg-eating invader in the Great Lakes brought over from eastern Europe (read Watershed note here). This fish crossed the drainage divide from the Great Lakes and made it into the Mohawk Watershed in 2014, it then transited the watershed and was discovered in the Hudson River in 2021. The NY-NJ Watershed Protection Act, if passed, may provide the framework - and funding - to address this and a myriad of other watershed challenges.
In the House of Representatives the bill had 28 cosponsors, all from NY (17) and NJ (11). The bill was introduced in the house in July 2021, and the House Natural Resources Subcommittee on Water, Oceans, and Wildlife held hearings in January 2022. It passed in the House of Representatives on 14 July 2022 as part of the National Defense Authorization Act. It was then introduced in the Senate in January 2022 by all four NY and NJ Senators: Cory Booker (NJ) and Kirsten Gillibrand (NY), along with Sen. Bob Menendez (NJ) and Majority Leader Chuck Schumer (NY) [7]. To become law, the bill needs to pass in the Senate and then be signed by the president.
Following initial submission of the NY-NJ Watershed Protection Act in 2021, Andy Bicking, who is Director of Government Relations and Public Policy for Scenic Hudson said: "The New York-New Jersey Harbor and its associated watersheds, including the Hudson and Mohawk Rivers, are economic powerhouses that help sustain diverse communities and provide habitat for many imperiled plants and animals. Yet as precious as these waterways are, they all are burdened by a history of poorly planned development and now climate change, both of which threaten people’s access to clean water…”
Passage in the House is a major milestone for this effort, which has been in the works for over a decade. The Act and earlier iterations have been authored by Representative Paul Tonko (NY-20), who has long advocated for watershed protection and economic development along our historic and iconic waterways. Early versions of the bill were first introduced as the Hudson-Mohawk River Basin Act of 2012, and that bill was modified and reintroduced to the House as the Hudson-Mohawk River Basin Act in December 2016 and then in December 2018. The NY-NJ Watershed Protection Act submitted in 2021 grew from these earlier efforts, but the scope of this latest bill was expanded. The Mohawk Watershed is only part of this effort, but in some ways a critical element.
Representative Tonko has long been an advocate for the Mohawk Watershed, which is his home and includes much of his district. He has spoken at the Mohawk Watershed Symposium four times and much of his early focus was on his Mighty Waters task force. In July 2010, Congressman Tonko hosted the first Mighty Waters Conference at the Schenectady County Community College. This conference focused on promoting sustainable and responsible waterfront development projects to improve the quality of life in communities along the Hudson and Mohawk Rivers and Erie Canal [3]. In early 2011 the Mighty Waters effort had developed a mission statement, which read: “The mission of the Mighty Waters Task Force is to help create a climate of investment, recovery and public awareness for the waterways and communities of the upper Hudson and Mohawk Rivers, Erie Canal and related waterways by mobilizing federal resources that encourage policy reform, economic development, public access and enjoyment and effective environmental and cultural resource management.” [3]
Later that year, in August 2011, Hurricane Irene brought historic flooding to the Northeast, and especially hard hit were towns and villages along Schoharie Creek and also communities along the lower main stem of the Mohawk River. It was inevitable that this natural disaster would refocus efforts from economic development along the main stem of the Mohawk to flood relief and resiliency. In March of 2012, six months after devastating flooding, Tonko was a plenary speaker at the Mohawk Watershed Symposium and he noted in a pre-conference statement: “As a presenter at this year’s symposium, I am looking forward to discussing how my office’s Mighty Waters Initiative plays a role in developing strategic partnerships for safer communities and a sustainable future” [5]. Thus at that point the Mighty Waters initiative had re-focused its efforts on flood recovery, because without flood relief there could be no economic development along the river corridor.
In June 2012, Tonko introduced Hudson-Mohawk River Basin Act of 2012 in the US House of Representatives, and one of the ‘findings’ in the preamble was: “Individuals in many communities throughout the Basin have experienced devastating flooding that led to tremendous costs for businesses, State, and local governments. A holistic approach to river and stream monitoring, updated floodplain maps, and development of floodplain management strategies based upon improved understanding of the Basin’s hydrology would make communities safer and more resistant and resilient to flood events.”
Today the NY-NJ Watershed Protection Act that evolved from these earlier iterations is bigger, broader, and more inclusive than earlier versions. As the geographic center of the effort moved slightly south the effort included Hudson, Mohawk, Raritan, Passaic, Hackensack and Bronx River watersheds, and this means restoration efforts have the potential to affect 15 million people [6].
On 20 January 2022, the House Natural Resources Subcommittee on Water, Oceans, and Wildlife held hearings that allowed experts and policymakers to weigh in on the significance of the Watershed Protection Act and the impact that it may have if enacted. In testimony to the House subcommittee, Basil Seggos, Commissioner, New York State Department of Environmental Conservation (NYS DEC) gave a background for the need of HR-4677 [1] and the importance of the Mohawk.
“Extending from the Verrazano Narrows and including the Passaic, Hackensack and Mohawk Rivers, the Hudson watershed is a rich, diverse, and productive ecosystem, despite enormous damage from legacy contaminants, massive physical alterations, invasive species, wetland loss, combined sewage overflows and polluted runoff. More than 14 million people live in the counties encompassing the Hudson watershed’s core waters. The Mohawk River, the largest tributary to the Hudson, makes up roughly 25 percent of the Hudson River drainage area. The connectivity of these watersheds makes them an important regional system affecting both New York and New Jersey residents and businesses. The system was also integral to our nation’s history and development, and its rich biodiversity is critically important to many aquatic and terrestrial species.” [1]
From the perspective of the Mohawk Watershed, three issues stand out in the testimony by Basil Seggos (NYS DEC): the need to address invasive species, especially those using the Erie Canal to access the Mohawk (and Hudson) rivers; the need to address chronic flooding; and the need to address water quality and protect drinking water resources. About flooding he noted: “Mohawk River flooding has been a historic problem and DEC works closely with the U.S. Army Corps of Engineers (USACE), Natural Resources Conservation Service, and local communities to improve resiliency to flooding and severe weather.” For water quality and protection of drinking water resources: “Working with the U.S. Geological Survey, efforts are underway to assess impairments of Mohawk River water quality so that constructive actions can be taken to ensure high-quality drinking water for all users. From New York’s perspective, we appreciate that H.R. 4677 acknowledges and provides means to address this issue.” [1]
Invasive species and the Mohawk/Erie Canal pathway was an important part of his testimony. “The Hudson/Mohawk system is a pathway for aquatic invasives to potentially become established in the Great Lakes/Mississippi River system, as well as Lake Champlain. The need to block pathways for invasive species is a priority for New York, and an objective we cannot achieve without the assistance of our federal partners. HR 4677 provides an important means to address this serious ecological and economic threat.”
Others appear to be concerned about invasive species and the need for Federal intervention, especially in light of the highly publicized invasion of the Round Goby that recently entered the Hudson River after gaining access from the Great Lakes through the Erie Canal and the Mohawk (read Watershed note here). During questioning Representative Tonko asked Andy Bicking (Scenic Hudson) about the greatest barriers that local entities face while attempting to address major environmental threats in our watersheds. Andy said that there are “...many issues we contend with that cross state lines, and cross watershed lines. I am thinking specifically about issues like invasive species where we have the Round Goby, an invasive fish that is eating the eggs of many native fish in the region. Issues like these, in my opinion, do require a federal presence to resolve.”
Indeed, many watershed issues are complicated and require a broad and holistic approach that would be facilitated by HR 4677. Stephen Guertin, Deputy Director for Policy, U.S. Fish and Wildlife Service testified at the subcommittee meeting: “The Service [USFWS] supports this legislation. Collaborative, landscape-scale conservation efforts like the one proposed by this bill are among the most effective approaches to tackling complex environmental challenges like climate change, habitat degradation, and biodiversity loss.” [1]
We applaud Representative Tonko who has demonstrated the importance of watershed protection and he has had the vision, determination, and leadership to get the NY/NJ Watershed protection act through the House. Let’s see if this important bill can advance in the Senate.
This and other Notes from a Watershed are available at: Mohawk.substack.com
Further Reading
[1] Testimony of Basil Seggos, Commissioner, New York State Department of Environmental Conservation Regarding H.R. 4677 Before the Subcommittee on Waters, Oceans and Wildlife United States House of Representatives January 20, 2022 (text here).
[2] Testimony of Stephen Guertin, Deputy Director for Policy, U.S. Fish and Wildlife Service, Department of the Interior, Before the House Committee on Natural Resources, Subcommittee on Water, Oceans, and Wildlife On H.R. 4677, New York-New Jersey Watershed Protection Act (and others) (text here).
[3] Cockburn, J.M.H. and Garver, J.I., Proceedings of the 2011 Mohawk Watershed Symposium, Union College, Schenectady, NY, March 18, 2011 (abstract volume here).
[4] H.R. 5927 (112th): Hudson-Mohawk River Basin Act of 2012 (Introduced by Rep P. Tonko) HERE
[5] Cockburn, J.M.H. and Garver, J.I., Proceedings of the 2012 Mohawk Watershed Symposium, Union College, Schenectady, NY, March, 2012. (abstract volume here)
[6] Scenic Hudson, Riverkeeper, Hudson River Sloop Clearwater. 2022. New York-New Jersey watershed Protection Act (H.R. 4677): A watershed moment for 15 million people - and all Americans. (here)
[7] Paul Tonko (@RepPaulTonko) tweet on 20 January 2022 with questioning of Andy Bicking (Tweet and video are here).
[8] 2022, Jan 13. Booker, Gillibrand, Menendez, Schumer Introduce Legislation to Protect the New York-New Jersey Watershed (press release here).
[9] Cherson, J., Bicking, A, and Remaud, G., 2022. Environmental groups laud House of Representatives’ passage of historic legislation to protect New York-New Jersey Watershed. Here.