Delaware River Basin Restoration

Delaware River Basin Restoration

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June 27, 2022
Delaware River Basin Restoration
Background
priority estuary for the National Estuary Program and its
The Delaware River Basin drains the lands surrounding the
economic and environmental value.
Delaware River and its tributaries, which stretch from the
Catskill Mountains in New York to the Delaware Estuary
Figure 1. Delaware River Basin Area
(see Figure 1). The river is fed by 216 tributaries, drains
13,539 square miles of land within four states—Delaware,
New York, New Jersey, and Pennsylvania—and eventually
flows into the Atlantic Ocean. 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. Ecosystem restoration in the
Basin is addressed, in part, by the Delaware River Basin
Restoration Program (Basin Restoration Program),
established through the passage of the Water Infrastructure
Improvements for the Nation Act (WIIN Act; P.L. 114-322)
in 2016 and administered by the U.S. Fish and Wildlife
Service (FWS).
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 also is home to one of the largest
shipping areas in the United States, the Delaware River Port
Complex. The Basin contains more than 1 million acres of

wetlands that are habitats for numerous species.
Source: Delaware River Basin Commission.
Approximately three-fourths of the nontidal portion of the
Note: The area of the Basin in each state is marked by a different
river (150 miles) is part of the National Wild and Scenic
color.
Rivers System, and the Delaware Estuary is identified as a
priority estuary for the National Estuary Program under the
Delaware River Basin Commission
Water Quality Act of 1987 (P.L. 100-4, 33 U.S.C. §1330).
The DRBC has a five-member board comprised of the four
Basin state governors and a federal representative from the
The Basin was one of the first river basins in the nation to
U.S. Army Corps of Engineers (USACE). The DRBC
adopt comprehensive water quality standards, and the river
created a Comprehensive Plan (most recently adopted in
is often cited as a success story for its water quality
July 2001) to manage the river to meet the goals specified
achievements. Water quality conditions in the Delaware
in the compact, including, among others, to effectively
River Basin have improved over the last decade, including
reduce flood damage; conserve and develop groundwater
higher levels of dissolved oxygen, lower overall nutrient
and surface water supplies; develop recreational facilities;
concentrations, and improved water clarity. Due in part to
promote related forestry, soil conservation, and watershed
these improvements, many fish populations have returned
projects; protect and aid fisheries; improve navigation; and
or rebounded in the Basin. However, certain stretches of the
abate and control stream pollution.
river contain elevated concentrations of toxic substances,
high water temperatures, and excess nutrients. Also, some
To accomplish these goals, the DRBC has the authority to
species populations, such as oysters, appear to be declining.
approve, construct, operate, and regulate projects and
facilities that use the Basin’s water resources. The DRBC
Some experts insist that greater conservation efforts and
also can address issues outside the Basin if they have a
better coordination among stakeholders are needed for the
substantial effect on the Basin’s water supply and water
Basin. Others contend that the status quo should be
quality or conflict with the DRBC’s comprehensive plan.
maintained, considering previous success. Many in
Congress are interested in the restoration and development
The DRBC is funded by the signatory parties, project
of the Basin because it drains into the Delaware Estuary, a
review fees, fines, and grants. In 1988, the DRBC agreed
that each representing entity would apportion contributions
to fund annual expenses. The apportionments are Delaware
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(12.5%), New York (17.5%), New Jersey (25%),
the federal cost share for grants to 90% for small, rural, or
Pennsylvania (25%), and the federal government (20%).
disadvantaged communities and would allow the Secretary
The federal share has been paid once by USACE since 1996
of the Interior to waive the nonfederal cost share under
(in 2009), thus making a cumulative federal shortfall from
certain circumstances. The WIIN Act currently restricts the
1996 through June 2021 of $16.4 million. Other federal
federal share to no more than 50% for all grant-funded
conservation and management activities in the Basin are
projects. The bills would also repeal Section 3506 of the
conducted by FWS, the National Oceanic and Atmospheric
WIIN Act, which prohibits use of funds for federal
Administration (NOAA), USACE, the Environmental
acquisition of interests in land and would extend the sunset
Protection Agency (EPA), and the U.S. Department of
for the Basin Restoration Program to September 30, 2030.
Agriculture (USDA). The U.S. Geological Survey (USGS)
Pending bills do not address the authorization for
is actively involved in research and monitoring activities
appropriations.
that support the Basin, including the pilot of its Next-
Generation Water Observing System.
Issues for Congress
Congress may consider certain issues when considering
Delaware River Basin Restoration Program
pending legislation on the Basin Restoration Program,
The purposes of this program are to conserve and restore
including the duration of the program, use and amount of
fish and wildlife populations and habitats and to improve
federal appropriations for the program, and administration
water quality in the Basin. The program also aims to
of the program.
improve flood damage mitigation and water management,
to provide opportunities for public access and recreation in
Some stakeholders supporting H.R. 6949 and S. 3767 assert
the Basin, and to support environmentally sensitive
that reauthorizing the program would help address effects
development. The WIIN Act authorizes a basin-wide
of climate change on the ecosystem and better support
strategy in which FWS, in coordination with federal and
disadvantaged communities by lowering their cost share for
nonfederal entities (including the DRBC), prioritizes
receiving funds. Further, these stakeholders assert that
conservation projects. The WIIN Act establishes a grant
extending the sunset for authorizing the Basin Restoration
program under the Basin Restoration Program, which is
Program would allow it to receive all appropriations from
authorized to implement the strategy through grants that
the IIJA and additional federal appropriations. The use of
have a federal cost share of no more than 50%.
federal funds to acquire lands could increase federal control
over conservation lands and lower the tax base.
The grant program is administered by the National Fish and
Wildlife Federation. The authorization for the Basin
Some stakeholders support additional federal funding for
Restoration Program is set to sunset after September 30,
conservation. Other stakeholders contend that the recent
2023. The Basin Restoration Program receives annual
influx of appropriations from the IIJA renders additional
appropriations through FWS in addition to supplemental
conservation funding unnecessary without justification for
funding provided by the Infrastructure Investment and Jobs
additional funding. Including supplemental appropriations
Act (IIJA; P.L. 117-58), which appropriates $5.2 million
from the IIJA, annual federal contributions for restoration
annually from FY2022 through FY2026. Note that these are
in the Delaware River Basin since FY2020 are below
separate appropriations from those provided to the DRBC.
federal spending levels for other comparable river basins
and aquatic ecosystems, such as the Long Island Sound and
Since 2018, the program has provided $26.6 million to 123
Puget Sound.
projects, generating matching funds of $46.0 million,
according to FWS. Appropriations from FY2020 to FY2022
Restoration and conservation activities in the Basin focus
are provided in Table 1.
on projects and activities that improve plant and wildlife
habitats, soil conservation, water quality, water supply, and
Table 1. Delaware River Basin Restoration Program
watershed management. Congress may question if FWS is
Appropriations (FY2020-FY2022) and Request
the appropriate agency to administer the Basin Restoration
(FY2023)
Program. An alternative might be the EPA due to its
(in $mil ions)
expertise with aquatic restoration initiatives and water
issues. EPA administers several large aquatic ecosystem
FY2020
FY2021
FY2022
FY2023 Request
restoration initiatives under its Geographic Programs
activity, such as the Chesapeake Bay and Long Island
$9.7
$10.0
$10.5 in
Not specified
Sound restoration initiatives. Further, EPA staff members
addition to
$5.2 from IIJA wil
serve on several of the DRBC’s advisory committees. In
$5.2 from IIJA
supplement
contrast, Congress may continue to support the status quo
appropriations
for continuity with FWS and expertise that NFWF has in
Source: Fish and Wildlife Service Budget Justifications and annual
administering grant programs for ecosystem restoration.
appropriations laws.
Note: IIJA = Infrastructure Investment and Jobs Act (P.L. 117-58).
Pervaze A. Sheikh, Specialist in Natural Resources Policy
Charles V. Stern, Specialist in Natural Resources Policy
Legislation in the 117th Congress
Elisabeth Lohre, Research Assistant
In the 117th Congress, H.R. 6949 and S. 3767, the Delaware
River Basin Conservation Reauthorization Act of 2022,
IF12145
would amend Section 3504 of the WIIN Act by increasing
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Delaware River Basin Restoration

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