I 

109TH CONGRESS 

1ST SESSION H. R. 2509 

To amend the Federal Water Pollution Control Act and the Water Resources 

Development Act of 1992 to provide for the restoration, protection, 

and enhancement of the environmental integrity and social and economic 

benefits of the Anacostia Watershed in the State of Maryland and the 

District of Columbia. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 19, 2005 

Ms. NORTON (for herself, Mr. MORAN of Virginia, Mr. TOM DAVIS of Virginia, 

Mr. GRIJALVA, Mr. WYNN, Mr. VAN HOLLEN, Mr. BRADY of Pennsylvania, and Mr. MARKEY) introduced the following bill; which was referred 

to the Committee on Transportation and Infrastructure 

A BILL 

To amend the Federal Water Pollution Control Act and 

the Water Resources Development Act of 1992 to provide 

for the restoration, protection, and enhancement of the 

environmental integrity and social and economic benefits 

of the Anacostia Watershed in the State of Maryland 

and the District of Columbia. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Anacostia Watershed 

5 Initiative Act of 2005’’. 
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1 SEC. 2. FINDINGS. 

2 Congress finds that— 

3 (1) the Anacostia Watershed encompasses 176 

4 square miles in the State of Maryland and the Dis5 trict of Columbia; 

6 (2) the Anacostia Watershed— 

7 (A) features the Anacostia River and its 

8 tributaries; and 

9 (B) has the potential to provide great eco10 logical, biodiversity, recreational, social, and 

11 economic benefits to— 

12 (i) the District of Columbia; 

13 (ii) the State of Maryland; 

14 (iii) the State of Virginia; and 

15 (iv) the United States as a whole; 

16 (3) the Anacostia Watershed provides habitat 

17 for the bald eagle, a species that— 

18 (A) is a symbol of the United States; and 

19 (B) is listed as a threatened species under 

20 the Endangered Species Act of 1973 (16 U.S.C. 

21 1531 et seq.); 

22 (4) the Anacostia Watershed is 1 of the most 

23 densely populated watersheds within the Chesapeake 

24 Bay drainage basin; 

25 (5) because of its location in the Nation’s Cap26 ital, the Anacostia River— 
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1 (A) has special significance; and 

2 (B) should be a national model of urban 

3 river restoration and stewardship; 

4 (6) the Federal Government owns and manages 

5 approximately 70 percent of the Anacostia River wa6 terfront land in the District of Columbia; 

7 (7) the Anacostia Watershed is— 

8 (A) a degraded urban ecosystem; and 

9 (B) 1 of 3 toxic regions of concern in the 

10 Chesapeake Bay region; 

11 (8) the natural ecology and nationally signifi12 cant biodiversity of the Anacostia Watershed are 

13 under stress because— 

14 (A) more than 300 years of farming, min15 ing, industrial development, and urban sprawl 

16 have damaged the ecological health and 

17 hydrological function of the Anacostia Water18 shed; and 

19 (B) the Anacostia River and its tributaries 

20 have been, and continue to be, adversely im21 pacted by— 

22 (i) discharges of combined sewer over23 flows; 

24 (ii) channelization; 

25 (iii) toxic pollution; 
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1 (iv) forest and wetland habitat loss; 

2 (v) erosion; 

3 (vi) sedimentation; 

4 (vii) flooding; and 

5 (viii) uncontrolled stormwater run-off 

6 that comprises 75 to 90 percent of total 

7 pollutant loads; 

8 (C) water quality has been severely and 

9 chronically degraded as a result of activities de10 scribed in subparagraph (B); 

11 (D) populations of anadromous fish species 

12 have been dramatically reduced by man-made 

13 barriers that interfere with spawning activities; 

14 (E) invasive species are adversely altering 

15 the ecological balance in the Anacostia Water16 shed; and 

17 (F) bacteria and other pathogens from 

18 combined sewer systems and urban runoff (in19 cluding the combined sewer system of the Dis20 trict, which was constructed by the Federal 

21 Government more than 100 years ago) and 

22 toxics-laden stormwater discharges from the 

23 State of Maryland and the District, have pre24 cluded safe swimming, fish consumption, and 
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1 numerous other types of recreation in the Ana2 costia River for decades; 

3 (9) the deteriorated Anacostia River diminishes 

4 the quality of life for all residents in the Anacostia 

5 Watershed, especially those individuals who reside 

6 east of the river in the economically distressed 

7 neighborhoods of the District; 

8 (10) Federal, State, District, and regional agen9 cies, local governments, nonprofit organizations, and 

10 dedicated private citizens have been working for 

11 many years to restore and protect the Anacostia Wa12 tershed; 

13 (11) in 2001, the Mayor of the District, the 

14 Governor of the State of Maryland, and the county 

15 executives of Prince George’s County and Mont16 gomery County, Maryland, entered into the Ana17 costia Watershed Restoration Agreement, which es18 tablished goals and timeframes for restoring the eco19 logical integrity of the Anacostia Watershed; 

20 (12) despite progress in restoration efforts and 

21 growing interest in the environmental condition of 

22 the Anacostia Watershed, research, restoration, and 

23 protection activities relating to the Anacostia Water24 shed remain under funded and in some cases unco25 ordinated; 
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1 (13) restoration and protection of the Anacostia 

2 Watershed are central to the ecological, recreational, 

3 social, and economic sustainability of the Anacostia 

4 Region; 

5 (14) the environmental and recreational at6 tributes of the Anacostia Watershed could attract 

7 visitors to the Anacostia Region; 

8 (15) in recognition of local efforts and to secure 

9 the Anacostia Watershed as an ecological, economic, 

10 and recreational resource for the Washington metro11 politan area and the United States, a comprehensive 

12 environmental protection, restoration, and resource 

13 management plan for the Anacostia Watershed 

14 should be developed and implemented; 

15 (16) a comprehensive action plan should be de16 veloped and implemented with the input, participa17 tion, and cooperation of interested stakeholders, with 

18 special consideration given to the input and under19 takings of the Anacostia Watershed Restoration 

20 Committee; 

21 (17) the comprehensive action plan referred to 

22 in paragraph (16) should not be inconsistent with 

23 and promote implementation of a federally-approved 

24 combined sewer long-term control plan; and 
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1 (18) the Water and Sewer Authority of the Dis2 trict has developed a long term control plan for com3 bined sewer overflows designed to significantly re4 duce discharges from the combined sewer system 

5 into the Anacostia River through the construction of 

6 an Anacostia storage tunnel and other sewer system 

7 improvements. 

8 SEC. 3. ANACOSTIA WATERSHED RESTORATION INITIATIVE. 

9 Title I of the Federal Water Pollution Control Act 

10 (33 U.S.C. 1251 et seq.) is amended— 

11 (1) by redesignating section 121 the second 

12 place it appears, as section 122; and 

13 (2) by adding after section 122 (as redesignated 

14 by paragraph (1)) the following: 

15 ‘‘SEC. 123. ANACOSTIA WATERSHED RESTORATION INITIA16 TIVE. 

17 ‘‘(a) DEFINITIONS.—In this section: 

18 ‘‘(1) ANACOSTIA WATERSHED.— 

19 ‘‘(A) IN GENERAL.—The term ‘Anacostia 

20 Watershed’ means the 176 square miles (456 

21 square kilometers) of land and water in the 

22 State of Maryland and the District of Columbia 

23 that— 
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1 ‘‘(i) approximately mirrors the bound2 ary between Montgomery County and 

3 Prince George’s County, Maryland; and 

4 ‘‘(ii) converges with the Potomac 

5 River near the southern tip of the District. 

6 ‘‘(B) INCLUSIONS.—The term ‘Anacostia 

7 Watershed’ includes— 

8 ‘‘(i) the tidal Anacostia River; 

9 ‘‘(ii) the northwest branch, northeast 

10 branch, contributing tributaries, and tidal 

11 drainage areas of the Anacostia River; and 

12 ‘‘(iii) the Anacostia Park managed by 

13 the National Park Service. 

14 ‘‘(2) ANACOSTIA WATERSHED AGREEMENT.— 

15 The term ‘Anacostia Watershed Agreement’ means 

16 the agreement entered into by the Mayor of the Dis17 trict, the Governor of the State of Maryland, and 

18 the county executives in 2001. 

19 ‘‘(3) ANACOSTIA WATERSHED RESTORATION

20 COMMITTEE.—The term ‘Anacostia Watershed Res21 toration Committee’ means the organization that— 

22 ‘‘(A) was established in 1987 to oversee 

23 and coordinate the regional restoration effort 

24 for, to enhance awareness of, and to expand 
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1 communication regarding the Anacostia Water2 shed; and 

3 ‘‘(B) is comprised of representatives of— 

4 ‘‘(i) the District; 

5 ‘‘(ii) the State of Maryland; 

6 ‘‘(iii) Montgomery County, Maryland; 

7 ‘‘(iv) Prince George’s County, Mary8 land; 

9 ‘‘(v) the United States Army Corps of 

10 Engineers; 

11 ‘‘(vi) the Environmental Protection 

12 Agency; and 

13 ‘‘(vii) the National Park Service. 

14 ‘‘(4) COMBINED SEWER OVERFLOW.—The term 

15 ‘combined sewer overflow’ means the mixture of 

16 stormwater and sanitary waste that is discharged di17 rectly into the Anacostia River during periods of sig18 nificant rainfall once the capacity of the Combined 

19 Sewer System is exceeded. 

20 ‘‘(5) COMBINED SEWER SYSTEM.—The term 

21 ‘combined sewer system’ means the wastewater col22 lection system serving approximately 12,955 acres of 

23 the Anacostia River, Rock Creek, and Potomac 

24 River drainage areas within the District that conveys 
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1 sanitary sewage and stormwater into a single piping 

2 system. 

3 ‘‘(6) COMPREHENSIVE ACTION PLAN.—The 

4 term ‘Comprehensive Action Plan’ means the Com5 prehensive Action Plan required to be developed and 

6 implemented under subsection (d). 

7 ‘‘(7) COUNCIL.—The term ‘Council’ means the 

8 Anacostia Watershed Council established by sub9 section (c)(1). 

10 ‘‘(8) COUNTY EXECUTIVE.—The term ‘County 

11 Executive’ means the county executive of Prince 

12 George’s County or Montgomery County, Maryland, 

13 whichever is applicable. 

14 ‘‘(9) DISTRICT.—The term ‘District’ means the 

15 District of Columbia. 

16 ‘‘(10) INITIATIVE.—The term ‘Initiative’ means 

17 the Anacostia Watershed Initiative established by 

18 subsection (b)(1). 

19 ‘‘(11) STATE.—Unless otherwise specified, the 

20 term ‘State’ means the State of Maryland. 

21 ‘‘(12) WASHINGTON METROPOLITAN AREA.— 

22 ‘‘(A) IN GENERAL.—The term ‘Washington 

23 metropolitan area’ means the area in the region 

24 of the capital of the United States surrounding 

25 the Anacostia Watershed. 
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1 ‘‘(B) INCLUSIONS.—The term ‘Washington 

2 metropolitan area’ includes— 

3 ‘‘(i) the District of Columbia; and 

4 ‘‘(ii) portions of the States of Mary5 land and Virginia surrounding the Ana6 costia Watershed. 

7 ‘‘(b) ANACOSTIA WATERSHED RESTORATION INITIA8 TIVE.— 

9 ‘‘(1) ESTABLISHMENT.—There is established a 

10 program within the Environmental Protection Agen11 cy to be known as the ‘Anacostia Watershed Res12 toration Initiative’. 

13 ‘‘(2) PURPOSES.—The purposes of the Initiative 

14 are— 

15 ‘‘(A) to restore the environmental integrity 

16 of the Anacostia Watershed; 

17 ‘‘(B) to plan and fund related restoration 

18 improvements in the Anacostia Watershed; and 

19 ‘‘(C) to assist the Council in achieving its 

20 goals through the development and implementa21 tion of the Comprehensive Action Plan. 

22 ‘‘(c) ANACOSTIA WATERSHED COUNCIL.— 

23 ‘‘(1) ESTABLISHMENT.—There is established a 

24 council, to be known as the ‘Anacostia Watershed 

25 Council’, to develop, carry out, and provide assist-
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1 ance and recommendations with respect to the Ini2 tiative. 

3 ‘‘(2) MEMBERSHIP.—The Council shall be com4 posed of— 

5 ‘‘(A) the Administrator; 

6 ‘‘(B) the Mayor of the District; 

7 ‘‘(C) the Governor of the State of Mary8 land; 

9 ‘‘(D) the Governor of the the State of Vir10 ginia 

11 ‘‘(E) the Secretary of the Interior; 

12 ‘‘(F) the Secretary of the Army; and 

13 ‘‘(G) the county executives. 

14 ‘‘(3) DUTIES.—The duties of the Council shall 

15 be— 

16 ‘‘(A) to develop, in accordance with sub17 section (d), a comprehensive action plan for the 

18 Anacostia Watershed; 

19 ‘‘(B) to provide financial and technical as20 sistance in accordance with subsection (f); and 

21 ‘‘(C) to carry out this subsection. 

22 ‘‘(4) INITIAL MEETING.—Not later than 90 

23 days after the date of enactment of this section, the 

24 Administrator shall convene the initial meeting of 

25 the Council. 
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1 ‘‘(5) MEETINGS.—The Council shall convene— 

2 ‘‘(A) as frequently as the Council deter3 mines to be necessary during the 1-year period 

4 after the date of the initial meeting of the 

5 Council to develop the comprehensive action 

6 plan; and 

7 ‘‘(B) biannually thereafter— 

8 ‘‘(i) to assess the status of the com9 prehensive action plan; and 

10 ‘‘(ii) to determine the courses of ac11 tion for implementing the comprehensive 

12 action plan. 

13 ‘‘(d) COMPREHENSIVE ACTION PLAN.— 

14 ‘‘(1) IN GENERAL.—Not later than 1 year after 

15 the date of enactment of this section, the Council, 

16 with the input, participation, and cooperation of 

17 other stakeholders (including the Anacostia Water18 shed Restoration Committee), shall develop and 

19 make available to the public a 10-year comprehen20 sive action plan to provide for the restoration, pro21 tection, and enhancement of the environmental in22 tegrity and social and economic benefits of the Ana23 costia Watershed by promoting— 

24 ‘‘(A) watershed planning; 

25 ‘‘(B) stormwater management; 
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1 ‘‘(C) air, water, sediment, biological, bac2 teriological, and habitat monitoring; 

3 ‘‘(D) sustainable development and environ4 mentally-friendly land-use planning; 

5 ‘‘(E) ecological restoration; 

6 ‘‘(F) economic development and employ7 ment opportunities; and 

8 ‘‘(G) implementation of a federally-ap9 proved plan to control combined sewer overflows 

10 into the Anacostia River. 

11 ‘‘(2) OTHER PROJECTS.—The comprehensive 

12 action plan— 

13 ‘‘(A) shall not affect any existing or 

14 planned projects or any approved master or sec15 tor plans; 

16 ‘‘(B) shall not be inconsistent with and 

17 shall promote implementation of the require18 ments of a federally-approved combined sewer 

19 long-term control plan; 

20 ‘‘(C) shall take into account new tech21 nologies and management practices; and 

22 ‘‘(D) may be modified, as appropriate, by 

23 the Council. 

24 ‘‘(3) OBJECTIVES.—The comprehensive action 

25 plan shall— 
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1 ‘‘(A) incorporate, at a minimum, the goals 

2 expressed in the Anacostia Watershed Agree3 ment, of— 

4 ‘‘(i) significantly reducing pollutant 

5 loads (including sediments, toxic pollut6 ants, combined sewer overflows, storm7 water discharges, and any other nonpoint 

8 inputs and trash), delivered to the Ana9 costia River and its tributaries to meet 

10 water quality standards and goals; 

11 ‘‘(ii) restoring and protecting the eco12 logical integrity of the Anacostia River and 

13 its tributaries to— 

14 ‘‘(I) enhance aquatic diversity; 

15 ‘‘(II) increase recreational use; 

16 and 

17 ‘‘(III) provide for a quality urban 

18 fishery; 

19 ‘‘(iii) restoring in the Anacostia River 

20 and its tributaries the natural range of 

21 resident and anadromous fish to historical 

22 limits; 

23 ‘‘(iv) increasing the natural filtering 

24 capacity and habitat diversity of the Ana25 costia Watershed by significantly increas-
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1 ing the acreage and quality of tidal and 

2 nontidal wetland; 

3 ‘‘(v)(I) protecting and expanding for4 est cover throughout the Anacostia Water5 shed; and 

6 ‘‘(II) creating a continuous riparian 

7 forest buffer adjacent to the streams, wet8 land, and primary branches of the Ana9 costia River; and 

10 ‘‘(vi) increasing— 

11 ‘‘(I) the awareness of citizens 

12 and private businesses of their vital 

13 role in the cleanup and economic revi14 talization of the Anacostia Watershed; 

15 and 

16 ‘‘(II) volunteer and public-private 

17 partnership participation in restora18 tion activities for the Anacostia Wa19 tershed; 

20 ‘‘(B) identify specific targets to be 

21 achieved annually for each of fiscal years 2004 

22 through 2013 using the indicators delineated in 

23 the Anacostia Watershed Agreement; 

24 ‘‘(C) identify specific actions and schedules 

25 for meeting the targets identified under sub-
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1 paragraph (B), and for the remediation and 

2 prevention of further degradation of the Ana3 costia Watershed, in terms of— 

4 ‘‘(i) the chemical, physical, and bio5 logical integrity of water and sediment; 

6 ‘‘(ii) native habitats and the indige7 nous populations of shellfish, fish, 

8 macroinvertebrates, and wildlife; 

9 ‘‘(iii) appropriate water levels; and 

10 ‘‘(iv) recreational and economic activi11 ties; 

12 ‘‘(D) incorporate environmental manage13 ment and economic development concepts and 

14 programs established under Federal, State, Dis15 trict, regional, bicounty, and local plans and 

16 programs that are— 

17 ‘‘(i) in effect at the time of develop18 ment of the comprehensive action plan; 

19 and 

20 ‘‘(ii) consistent with the goals and tar21 gets of the Anacostia Watershed Agree22 ment; 

23 ‘‘(E) describe the duties of Federal, State, 

24 and local agencies in carrying out activities de25 scribed in the comprehensive action plan; 
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1 ‘‘(F) recommend a schedule for adoption 

2 by such agencies for carrying out such duties 

3 within a reasonable period of time; and 

4 ‘‘(G) describe methods, schedules, and 

5 amounts for funding of programs, activities, 

6 and projects identified in the comprehensive ac7 tion plan (including the use of Federal, State, 

8 District, local, and private sources of funds). 

9 ‘‘(H) conform to existing obligations under 

10 Federal, State, and District regulations and 

11 statutes, and judicial orders and consent de12 crees, in its description of the duties of Federal, 

13 State, District and other agencies, and in its 

14 recommended schedule for adopting methods, 

15 schedules and funding for programs, activities 

16 and projects identified in the comprehensive ac17 tion plan. 

18 ‘‘(4) PUBLIC REVIEW AND COMMENT.— 

19 ‘‘(A) IN GENERAL.—In cooperation with 

20 the Council, the Administrator shall provide for 

21 public review and comment on the draft of the 

22 comprehensive action plan. 

23 ‘‘(B) PUBLIC MEETINGS.—At a minimum, 

24 the Council shall conduct 1 public meeting in 

25 each of the 3 local jurisdictions in the Ana-
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1 costia Watershed to receive comments on the 

2 draft comprehensive action plan. 

3 ‘‘(5) APPROVAL BY THE ADMINISTRATOR.— 

4 ‘‘(A) IN GENERAL.—Not later than 120 

5 days after the date of release of the comprehen6 sive action plan to the public under subpara7 graph (A), the Administrator, in conjunction 

8 with the Council, shall— 

9 ‘‘(i) determine whether the com10 prehensive action plan meets the require11 ments of this subsection; 

12 ‘‘(ii) if the Administrator makes an 

13 affirmative determination, approve the 

14 comprehensive action plan; and 

15 ‘‘(iii) if the Secretary fails to make a 

16 determination after 180 days after release 

17 of the comprehensive plan, the plan shall 

18 be deemed to be approved. 

19 ‘‘(B) EFFECT OF APPROVAL.—Upon ap20 proval of the comprehensive action plan under 

21 subparagraph (A), the comprehensive plan shall 

22 be considered to be an approved management 

23 program for the purpose of section 319(h). 

24 ‘‘(e) REPORTING REQUIREMENTS.— 
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1 ‘‘(1) IN GENERAL.—Not later than December 

2 15th of each year, the Council shall submit to the 

3 appropriate Committees of Congress a report that— 

4 ‘‘(A) describes the status of implementa5 tion of all components of the Initiative; and 

6 ‘‘(B) certifies that the Initiative is pro7 gressing in a balanced manner with respect to 

8 all program components, including improved 

9 water quality and ecosystem restoration. 

10 ‘‘(2) SPECIFIC REQUIREMENTS.—Each report 

11 under paragraph (1) shall describe— 

12 ‘‘(A) the progress of the Initiative in meet13 ing the implementation schedule provided by 

14 the Council; 

15 ‘‘(B) the status of implementation of all 

16 components of the Initiative; 

17 ‘‘(C) expenditures for the portions of fiscal 

18 years covered by the report for implementing 

19 the Initiative; and 

20 ‘‘(D) accomplishments during the portions 

21 of fiscal years covered by the report in achiev22 ing the objectives of improved— 

23 ‘‘(i) water quality; 

24 ‘‘(ii) ecosystem restoration and protec25 tion; 
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1 ‘‘(iii) watershed management; and 

2 ‘‘(iv) stormwater management. 

3 ‘‘(f) FINANCIAL AND TECHNICAL ASSISTANCE.— 

4 ‘‘(1) IN GENERAL.—In consultation with the 

5 Council, the Administrator may provide financial 

6 and technical assistance to eligible entities described 

7 in paragraph (2) to carry out projects— 

8 ‘‘(A) to conduct research, surveys, studies, 

9 modeling work, and technical and supporting 

10 work (including demonstration projects) nec11 essary for development of the comprehensive ac12 tion plan; 

13 ‘‘(B) to implement the approved com14 prehensive action plan; 

15 ‘‘(C) to provide interdisciplinary training 

16 for environmental researchers, educators, and 

17 policymakers; 

18 ‘‘(D) to enhance understanding of environ19 mental issues by regional policymakers and the 

20 general public; and 

21 ‘‘(E) to develop and disseminate edu22 cational resources and opportunities for edu23 cation at all levels. 

24 ‘‘(2) ELIGIBLE ENTITIES.—An eligible entity 

25 referred to in paragraph (1) is— 
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1 ‘‘(A) a State, regional, or local water pollu2 tion control agency or water resources planning 

3 agency, the District of Columbia wastewater 

4 treatment facility and the District of Columbia 

5 stormwater permit administrator; 

6 ‘‘(B) an accredited 4-year public or private 

7 college or university; or 

8 ‘‘(C) a registered nonprofit agency, institu9 tion, or organization (including the Washington 

10 Metropolitan Council of Governments). 

11 ‘‘(3) COST SHARING.—(A) Not more than 75 

12 percent of the cost of carrying out a project de13 scribed in paragraph (1)— 

14 ‘‘(i) shall be provided from funds made 

15 available under— 

16 ‘‘(I) this section; or 

17 ‘‘(II) the Water Resources Develop18 ment Act 1992 (Public Law 102–580); and 

19 ‘‘(B) matching funds to carry out a project de20 scribed in paragraph (1) may be provided in the 

21 form of cash or in-kind contributions (including con22 tributions of real or personal property or service). 

23 ‘‘(4) ADMINISTRATION.—The Administrator 

24 may establish such requirements for the administra-
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1 tion of assistance under this subsection as the Ad2 ministrator determines to be appropriate. 

3 ‘‘(g) FEDERAL PROGRAM COORDINATION.— 

4 ‘‘(1) IN GENERAL.—Appropriate financial, sci5 entific, and technical assistance shall be provided for 

6 the Initiative and implementation of the plan and 

7 the development and implementation of the com8 prehensive action plan by the Under Secretary or 

9 Assistant Secretary or higher level position from 

10 each of— 

11 ‘‘(A) the Department of the Interior; 

12 ‘‘(B) the Department of Agriculture; 

13 ‘‘(C) the Department of Commerce; 

14 ‘‘(D) the Department of the Army; and 

15 ‘‘(E) the Department of Transportation. 

16 ‘‘(2) TYPES OF ASSISTANCE.—Assistance pro17 vided under paragraph (1) may include assistance 

18 relating to— 

19 ‘‘(A) the restoration and protection of 

20 streams, wetland, grassland, and aquatic and 

21 riparian habitats (including assistance through 

22 land acquisition and establishment of conserva23 tion easements for forest and riparian buffers 

24 and wetland); 

25 ‘‘(B)(i) water quality and flow monitoring; 
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1 ‘‘(ii) watershed modeling; 

2 ‘‘(iii) implementation of combined sewer 

3 overflow controls; and 

4 ‘‘(iv) stormwater management; 

5 ‘‘(C) the use of best management prac6 tices, including agricultural best management 

7 practices; 

8 ‘‘(D) the development of an integrated geo9 graphic information system; 

10 ‘‘(E) the management of fisheries and 

11 other aquatic, wildlife, cultural heritage, and 

12 recreational resources; 

13 ‘‘(F) the conduct of wildlife species and 

14 habitat assessment surveys; 

15 ‘‘(G) the development and implementation 

16 of resource restoration, development, and con17 servation programs; 

18 ‘‘(H) the management of exotic and 

19 invasive species; 

20 ‘‘(I) the promotion of environmentally sen21 sitive design practices, including low impact de22 velopment; and 

23 ‘‘(J) the promotion of healthy and diverse 

24 economic activity and sustainable development. 
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1 ‘‘(h) NO EFFECT ON OTHER AUTHORITY.—Nothing 

2 in this section shall affect the authority or obligation of 

3 a Federal, District, District independent, or State agency 

4 provided under other law, judicial order, or regulation. 

5 ‘‘(i) FUNDING.— 

6 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— 

7 There are authorized to be appropriated for each of 

8 fiscal years 2004 through 2013— 

9 ‘‘(A) to carry out subsections (b) through 

10 (f), $3,000,000; and 

11 ‘‘(B) to carry out subsection (g), 

12 $5,000,000, of which $1,000,000 shall be used 

13 by each of the 5 Federal agencies specified in 

14 subparagraphs (A) through (E) of subsection 

15 (g)(1). 

16 ‘‘(2) ADMINISTRATION COSTS.—Except with re17 spect to funds made available to carry out sub18 section (b), not more than 10 percent of the funds 

19 made available under paragraph (1) for a fiscal year 

20 may be used to pay administrative costs incurred in 

21 carrying out this section. 

22 ‘‘(3) AVAILABILITY.—Funds made available 

23 under this subsection shall remain available until ex24 pended. 
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1 ‘‘(4) AVAILABLE FUNDING.—Nothing in this 

2 Act shall require the use of existing appropriations 

3 to further the goals of the Comprehensive Action 

4 Plan, and nothing in this Act shall result in an ex5 penditure to comply with the Comprehensive Action 

6 Plan in the absence of available funds.’’. 

7 SEC. 4. WATER INFRASTRUCTURE. 

8 Section 219(f) of the Water Resources Development 

9 Act of 1992 (106 Stat. 4835; 113 Stat. 335–337; 114 

10 Stat. 2763A–220–221) is amended: 

11 (1) by redesignating paragraphs (45) through 

12 (70) as paragraphs (46) through (71), respectively; 

13 and 

14 (2) by inserting after paragraph (44) the fol15 lowing: 

16 ‘‘(45) WASHINGTON, DISTRICT OF COLUMBIA.— 

17 $150,000,000 for implementation of a combined 

18 sewer overflow long term control plan, Washington, 

19 District of Columbia.’’ 

20 SEC. 5. ANACOSTIA RIVER ENVIRONMENTAL RESTORATION 

21 AND PROTECTION PROGRAM. 

22 (a) ESTABLISHMENT.—The Secretary of the Army, 

23 acting through the Chief of Engineers, shall establish a 

24 program to provide environmental assistance to non-Fed25 eral interests in the Anacostia River Basin. The assistance 
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1 shall be in the form of design and construction assistance 

2 for water-related environmental infrastructure and re3 source protection and development projects affecting the 

4 Anacostia River, including low-impact development and 

5 other projects to alleviate adverse water quality impacts 

6 resulting from storm water discharges, sediment and ero7 sion control, protection of eroding shorelines, protection 

8 of essential public works, wastewater treatment and re9 lated facilities, water supply and related facilities, and 

10 beneficial uses of dredged material, and other related 

11 projects that may enhance the water quality and living re12 sources of the watershed. 

13 (b) COST SHARING.— 

14 (1) FEDERAL SHARE.—Except as provided in 

15 paragraph (2)(B), the Federal share of the total 

16 project costs of each local cooperation agreement en17 tered into under this section shall be 75 percent. 

18 (2) NON-FEDERAL SHARE.— 

19 (A) IN GENERAL.—The non-Federal share 

20 of the cost of projects under this section shall 

21 include lands, easements, rights of way, reloca22 tions and disposal areas and may include serv23 ices up to 100 percent of the non-Federal 

24 share. 
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1 (B) OPERATION AND MAINTENANCE

2 COSTS.—The non-Federal share of the costs of 

3 operation and maintenance of activities carried 

4 out under an agreement under this section shall 

5 be 100 percent. 

6 (C) AUTHORIZATION OF APPROPRIA7 TIONS.—There is authorized to be appropriated 

8 to carry out this section $20,000,000. 

Æ