Federal Conservation of the Delaware River

Federal Conservation of the Delaware River

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March 18, 2015
Federal Conservation of the Delaware River
Background
the basin. (See http://www.state.nj.us/drbc/programs/
natural/.)
The Delaware River Basin drains the lands surrounding the
Delaware River and its tributaries, which stretch from the
Figure 1. Delaware River Basin Area
Catskill Mountains in New York to the Delaware Estuary
and eventually flow into the Atlantic Ocean (see Figure 1).
The river is fed by 216 tributaries and drains 13,539 square
miles of land within four states: Delaware, New York, New
Jersey, and Pennsylvania. The water resources within the
Delaware River Basin are managed in part by the Delaware
River Basin Commission (DRBC) under the authority of the
Delaware River Basin Compact (P.L. 87-328). The compact
was signed by states in the basin and ratified by Congress in
1961.
The Delaware River Basin provides economic,
environmental, and recreational assets for an estimated 15
million people on the East Coast who rely on water supplies
from the Delaware River for municipal, industrial, and
agricultural use. The river is also home to the largest
freshwater port in the world, the Delaware River Port
Complex. In addition, the basin contains more than 1
million acres of wetlands that serve as valuable habitats for
numerous species. Approximately three-fourths of the non-
tidal portion of the river (150 miles) is part of the National
Wild and Scenic Rivers System, and the Delaware Estuary
is identified as a priority estuary for the National Estuary
Program under the Water Quality Act of 1987 (P.L. 100-4;
33 U.S.C. §1330).

Source: Delaware River Basin Commission.
The Delaware River was one of the first river basins in the
nation to adopt comprehensive water quality standards, and
Federal Role: Delaware River Basin
experts often cite the river as a success story for its water
Commission and Other Efforts
quality achievements. In recent years, water quality
The DRBC is a five-member board comprised of the four
conditions in the Delaware River Basin have continued to
basin-state governors and a federal representative from the
improve, including higher levels of dissolved oxygen, lower
U.S. Army Corps of Engineers (Corps). The DRBC created
overall nutrient concentrations, and improved water clarity.
a comprehensive plan to manage the river to meet the goals
Due in part to these improvements, many fish populations
specified in the Delaware River Basin Compact, including,
have returned or rebounded in the basin. However, the
among others, to effectively reduce flood damage; conserve
basin still faces challenges along certain stretches of the
and develop ground and surface water supplies; develop
river. Some area-specific issues include elevated
recreational facilities; promote related forestry, soil
concentrations of toxic substances, high temperatures, and
conservation, and watershed projects; protect and aid
high nutrient concentrations in river waters. In addition,
fisheries; improve navigation; and abate and control stream
some individual species populations, such as oysters,
pollution.
appear to be declining.
To accomplish these goals, the DRBC has the authority to
Some stakeholders are concerned that development—such
approve, construct, operate, and regulate projects and
as proposals to develop shale gas in the basin (one-third of
facilities that use the basin’s water resources. The DRBC
the basin covers Marcellus Shale natural gas deposits)—
also can address issues outside the basin if the issues have a
could reverse gains made to date. Some experts contend
substantial effect on the basin’s water supply and water
that more protection and restoration efforts and better
quality and if they conflict with the DRBC’s comprehensive
coordination among stakeholders are needed for the basin
plan. (Orders issued by the DRBC to prevent water
(www. nj.gov/drbc/library/documents/RSMPaug2013final-
pollution are enforced by the courts of the signatory
report.pdf; See P-1-2, ES-4-6). Others may contend that the
members.)
status quo should be maintained, particularly as the DRBC
is reviewing options for potential shale gas development in
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Federal Conservation of the Delaware River
The DRBC is funded by the signatory parties, project
issue in consideration of the FY2016 Energy and Water
review fees, fines, and grants. In 1988, the DRBC agreed
Development appropriations.
that each representing entity would apportion contributions
to provide for annual expenses. The apportionments are
Delaware, 12.5%; New York, 17.5%; New Jersey, 25%;
Issues for Congress
Pennsylvania, 25%; and the federal government, 20%. The
The DRBC has the authority to direct development through
federal share has been paid once by the Corps since 1996
the approval, operation, and control of projects in the basin
(in 2009), thus making the cumulative federal shortfall from
as well as to implement projects that improve plant and
1996 through FY2014 $11.4 million. Other federal
wildlife habitats, soil conservation, and watershed
conservation and management activities in the basin are
management. A potential issue for Congress related to the
conducted by the Fish and Wildlife Service (FWS), the
Delaware River Basin is the federal role in the management
National Oceanic and Atmospheric Administration, the
and restoration of the basin. Historically, the combined state
Corps, the Environmental Protection Agency, and the U.S.
and federal presence of the DRBC and numerous other
Department of Agriculture. The U.S. Geological Survey is
local, state, and federal conservation programs in the basin
actively involved in research and monitoring activities that
have played a role in the improvement of the environment
support the basin. These activities may be significant but
over time. Some might contend that a different federal role
are difficult to quantify in monetary terms because many of
in restoring the basin is needed to address the effects of
these programs are conducted at the national level with
development on the environment. Additional authority for
projects or activities within the basin.
federal agencies to conduct restoration in the basin could
Recent Legislation
create a parallel and potentially overlapping program.
However, if legislation authorized a broad range of
In the 114th Congress, no bills that directly address the
activities and did not focus solely on water resources,
Delaware River Basin have been introduced. In the 113th
activities could complement efforts undertaken by the
Congress, the Delaware River Basin Conservation Act of
DRBC.
2014 (S. 2306) would have established a program to
coordinate funding for restoration and protection efforts in
This issue raises a potential question for Congress about
the basin. The purposes of this program were to conserve
balancing ecosystem restoration and economic
and restore fish and wildlife populations and habitats and to
development. Several other federally supported ecosystem
improve and maintain water quality in the basin. The bill
restoration initiatives have created dual objectives of
also aimed to improve flood damage mitigation, water
restoring the ecosystem and increasing economic vitality.
management, and opportunities for public access and
To promote these objectives, some stakeholders involved in
recreation in the area and to encourage environmentally
Gulf Coast restoration have suggested focusing restoration
sensitive development. The bill would have emphasized a
efforts on ecosystem properties that also generate economic
basin-wide strategy in which the director of FWS would
value, such as improving fisheries and coastal resilience to
have coordinated with federal and nonfederal entities
storm surges.
(including the DRBC) and prioritized projects that were
measurable, science-based, and cost-effective. The bill also
Another issue involves the appropriations to support the
would have established a competitive grant program.
existing federal role in the DRBC. As noted above, in
Appropriations of $5.0 million annually from FY2015 to
recent years the President has not requested and Congress
FY2020 would have been authorized in this bill. A similar
has not provided funding for the DRBC and two other river
bill, H.R. 644, was introduced in the 113th Congress. This
basin commissions. Although information is limited on
differed from S. 2306 as it would have directed that all
what, if any, effects this shortfall has on the DRBC, some
activities in the bill would have to be implemented with
may advocate for the federal share to be fulfilled beginning
existing FWS funds and that the program could not have
in FY2016 or in future years.
resulted in a net gain of federal full-time-equivalent
employees.
Congress might address such questions through oversight,
directing appropriations toward certain environmental or
In addition, legislation was enacted in the 113th Congress
development priorities or the DRBC, by passing legislation
related to the DRBC. The Water Resources Reform and
that would enhance restoration efforts, or by maintaining
Development Act of 2014 (WRRDA; P.L. 113-121)
the status quo.
authorized the Secretary of the Army to allocate funds to
“fulfill the equitable funding requirements of the respective
interstate compacts” (including the Delaware River Basin
Charles V. Stern, Specialist in Natural Resources Policy
Pervaze A. Sheikh, Specialist in Natural Resources Policy
Compact) and, if this is not possible, to submit to Congress
the reasons and impacts of the non-allocation. The Corps
IF10152
did not fund the compacts in FY2015 and submitted the
required document. This decision by the Corps may be an

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Federal Conservation of the Delaware River

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