I

103D CONGRESS

2D SESSION H. R. 3873

To amend the Federal Water Pollution Control Act to establish a national

urban watershed restoration program.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 22, 1994

Ms. NORTON (for herself, Mr. BLACKWELL, Mr. DELLUMS, Mr. EVANS, Mr.

FILNER, Mr. FROST, Mr. HINCHEY, Mr. JEFFERSON, Mr. LEWIS of

Georgia, Mr. MANTON, Mr. MORAN, Mrs. MORELLA, Mr. MURPHY, Mr.

OLVER, Mr. OWENS, Mr. RANGEL, Ms. ROYBAL-ALLARD, Mr. SANDERS,

Mr. SERRANO, Mr. SHAYS, Mr. STOKES, Mrs. UNSOELD, Ms.

VELA ́ZQUEZ, Mr. WALSH, Mr. WATT, and Mr. WYNN) introduced the following bill; which was referred jointly to the Committees on Public Works

and Transportation and Merchant Marine and Fisheries

A BILL

To amend the Federal Water Pollution Control Act to

establish a national urban watershed restoration program.

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 ‘‘Urban Watershed Res5 toration Act of 1994’’.

6 SEC. 2. FINDINGS.

7 Congress makes the following findings:
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1 (1) Urban communities are disproportionately

2 impacted by water quality degradation and aquatic

3 habitat loss.

4 (2) Local residents in urban communities can

5 and should be supported and empowered to revitalize

6 and restore the urban streams, rivers, lakes, and

7 wetlands in their neighborhoods.

8 (3) Water quality and watershed programs in

9 urban areas must create new and diverse jobs for

10 youths and other unemployed workers in order to

11 ensure the long-term participation of urban commu12 nities within these programs.

13 (4) A range of biological techniques, including

14 revegetation and other methods, have been dem15 onstrated to be effective in restoring urban waters,

16 but have been underutilized and underfunded in mu17 nicipal stormwater and watershed management pro18 grams.

19 (5) Loss of species diversity and the invasion of

20 exotic species negatively impact estuarine habitat

21 and can be addressed through projects that enhance

22 the diversity of indigenous plant and animal commu23 nities.

24 (6) Lack of public access to waterways and ri25 parian parkland fosters human isolation from and
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1 disinterest in urban watersheds. Access to waterways

2 can and should be created in urban neighborhoods

3 when and where appropriate.

4 (7) The Nation benefits by supporting citizen

5 monitoring and local initiatives to protect and pre6 vent further degradation of urban waterways.

7 SEC. 3. PURPOSES.

8 The purposes of this Act are as follows:

9 (1) To enable local citizen and government or10 ganizations in urban areas to undertake, with Fed11 eral, State, and private assistance, urban watershed

12 restoration programs which are consistent with ex13 isting watershed and estuarine restoration plans and

14 existing Federal regulatory programs.

15 (2) To restore both small and large urban

16 waterbodies to become oases of beauty, recreation,

17 sustenance, and renewal for their communities.

18 (3) To achieve the goals of the Federal Water

19 Pollution Control Act in the most degraded and ne20 glected urban areas; specifically, to restore and

21 maintain the chemical, physical, and biological integ22 rity of urban waters and watersheds, including res23 toration and maintenance of water quality, a bal24 anced indigenous population of shellfish, fish, and

25 wildlife, aquatic and riparian vegetation, and rec-
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1 reational activities in and on the water, and to pro2 tect designated uses, including fishing, swimming,

3 and drinking water supply.

4 (4) To support the formation of, and provide

5 the funds for, small local and minority-owned busi6 nesses and nonprofit citizen organizations focused on

7 providing urban watershed restoration jobs, services,

8 and products for persons and communities in de9 graded urban watershed areas.

10 (5) To promote development of careers in urban

11 watershed restoration and related fields, as well as

12 environmental education, for youths.

13 (6) To create urban watershed restoration

14 project opportunities for State and local conservation

15 or service corps.

16 (7) To encourage the coordination of urban wa17 tershed restoration projects and municipal

18 stormwater and combined sewer overflow permit pro19 grams.

20 (8) To increase public access to urban water21 ways and to increase the amount of urban estuarine

22 and riparian parkland available for passive recre23 ation.
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1 (9) To promote the use of physical restoration

2 of urban waterways as a means to low-cost

3 stormwater management.

4 (10) Creation of new wetland and riparian envi5 ronments as part of a multiobjective stormwater

6 management system in which the created wetlands,

7 stream channels, and riparian zones provide

8 stormwater storage, detention, retention, nutrient

9 filtering, wildlife habitat, and increase biological

10 diversity.

11 SEC. 4. ESTABLISHMENT OF PROGRAM.

12 Section 319 of the Federal Water Pollution Control

13 Act (33 U.S.C. 1329) is amended by adding at the end

14 the following new subsection:

15 ‘‘(o) NATIONAL URBAN WATERSHED RESTORATION

16 PROGRAM.—

17 ‘‘(1) ESTABLISHMENT.—Not later than 90 days

18 after the date of the enactment of this subsection,

19 the Administrator shall establish a National Urban

20 Watershed Restoration Program to be carried out in

21 accordance with the requirements of this subsection.

22 ‘‘(2) ADMINISTRATION.—

23 ‘‘(A) IN GENERAL.—The Program shall be

24 administered by each State which the Adminis25 trator determines has a demonstrated success-
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1 ful urban river restoration program. If a State

2 does not have a demonstrated successful urban

3 river restoration program, the Administrator

4 shall administer the Program through the Re5 gional Administration of the Environmental

6 Protection Agency.

7 ‘‘(B) COMBINED FUNDING.—The Adminis8 trator shall assist States participating in the

9 Program in combining funding from the Pro10 gram and other related programs to reduce in11 efficiencies.

12 ‘‘(3) FUNDING.—The Administrator shall allo13 cate at least 25 percent of funds made available to

14 carry out this section for the purpose of carrying out

15 the Program.

16 ‘‘(4) PROJECT GRANTS AND TECHNICAL ASSIST17 ANCE.—

18 ‘‘(A) IN GENERAL.—The Administrator

19 shall use funds allocated to carry out the Pro20 gram for making grants and providing technical

21 assistance for projects which meet the require22 ments of this subsection and which are selected

23 by the Administrator or the State, as the case

24 may be.
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1 ‘‘(B) FEDERAL SHARE.—The Federal

2 share of the cost of carrying out a project with

3 Federal assistance under this subsection in any

4 fiscal year shall not exceed 60 percent of the

5 cost incurred in carrying out such project and

6 shall be made on condition that the non-Federal

7 share is provided from non-Federal sources.

8 The non-Federal share may include in-kind

9 services.

10 ‘‘(C) MAXIMUM AMOUNT TO BE USED FOR

11 INDIVIDUAL PROJECTS.—Not more than

12 $500,000 of the funds allocated to carry out

13 the Program may be expended to carry out any

14 individual project.

15 ‘‘(D) SIMPLIFIED CONTRACTING PROCE16 DURES.—The Administrator shall develop sim17 plified contracting procedures for grants under

18 the Program and may waive Federal contract19 ing requirements as appropriate for grants

20 under $100,000.

21 ‘‘(5) PROJECT SELECTION.—

22 ‘‘(A) CONDITIONS.—The Administrator or

23 State, as the case may be, shall select a project

24 to be carried out under the Program only if the

25 project meets the following requirements:
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1 ‘‘(i) PROPOSAL.—The project is joint2 ly nominated by a State, local, regional, or

3 tribal governmental entity and by a private

4 citizen’s organization active in the urban

5 watershed area of the project, and the

6 project sponsors submit to the Adminis7 trator or State a proposal for carrying out

8 the project.

9 ‘‘(ii) CONSISTENCY WITH EXISTING

10 PLANS AND PERMITS.—In order to ensure

11 consistency with regional restoration prior12 ities, the project sponsors—

13 ‘‘(I) certify that all available and

14 relevant water quality and watershed

15 plans, reports, studies, and strategies

16 (including those under sections 118,

17 119, 120, 208, 303, 314, 319, and

18 320 of this Act) that the Adminis19 trator deems appropriate and, where

20 appropriate, municipal stormwater

21 discharge and combined sewer over22 flow permits under section 402 have

23 been considered by the project spon24 sor; and
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1 ‘‘(II) provide assurances that the

2 project will be carried out in a man3 ner which is consistent with such

4 plans, reports, studies, strategies, and

5 permits, as well as the goals and ob6 jectives of the Program and this Act.

7 ‘‘(B) PRIORITY PROJECTS.—Under the

8 Program, the Administrator shall encourage

9 through technical assistance and other means,

10 and give priority to, those projects that—

11 ‘‘(i) assist communities in meeting

12 municipal stormwater discharge and com13 bined sewer overflow permit program re14 quirements under section 402 of this Act;

15 ‘‘(ii) assist in the implementation of

16 approved national estuary plans under sec17 tion 320 of this Act; and

18 ‘‘(iii) assist municipalities in the de19 velopment and implementation of stream

20 protection measures and monitoring.

21 ‘‘(C) FACTORS TO BE CONSIDERED.—In

22 considering whether or not to select a project to

23 be carried out under the Program, the Adminis24 trator or State shall consider, at a minimum,

25 the following factors and give priority to those
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1 projects that meet more than one of these

2 factors:

3 ‘‘(i) The project will be carried out in

4 a low-income urban area.

5 ‘‘(ii) The project will correct a water

6 pollution, stormwater drainage, aquatic

7 and riparian habitat loss, erosion reduction

8 and control, or landscape degradation

9 problem which contributes to the economic,

10 social, and environmental and water qual11 ity degradation of the area.

12 ‘‘(iii) The project will support eco13 logically-oriented businesses or occupations

14 in the area served by the project.

15 ‘‘(iv) The project will employ and

16 train State and local conservation or serv17 ice corps in watershed restoration and

18 monitoring and assessment work.

19 ‘‘(v) The project will employ youth.

20 ‘‘(vi) The project will support diverse

21 community coalitions in low-income urban

22 areas and support outreach programs to

23 involve these communities in urban water24 shed monitoring and restoration.
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1 ‘‘(vii) The project will restore urban

2 waterways providing benefits to urban fish3 eries of recreational, subsistence, commer4 cial, or scientific significance, giving prior5 ity to ecological restoration methods.

6 ‘‘(viii) The project will employ and

7 train urban fishers and other urban aquat8 ic resource users and harvesters who have

9 experienced loss or reduction of their liveli10 hoods due to habitat degradation or related

11 harvesting regulations.

12 ‘‘(ix) The project will integrate local

13 or regional schools, colleges, universities,

14 and nonprofit organizations into the res15 toration, monitoring, and education activi16 ties of urban water quality programs.

17 ‘‘(x) The project will assist a munici18 pal project sponsor in complying with mu19 nicipal stormwater and combined sewer

20 overflow permit program requirements

21 under section 402.

22 ‘‘(6) ELIGIBLE PROJECT COSTS.—Project costs

23 eligible for funding under the Program shall be lim24 ited to the following activities and purposes:
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1 ‘‘(A) Ecological restoration of existing de2 graded wetlands, streams, lakes, and rivers.

3 ‘‘(B) Removal of debris.

4 ‘‘(C) Creation of a greater diversity of

5 aquatic habitats in urban environments.

6 ‘‘(D) Construction of new wetlands and

7 vegetated riparian areas.

8 ‘‘(E) Reduction of runoff caused by urban9 ization, including impervious surface and aban10 doned lot reclamation and revegetation projects.

11 ‘‘(F) Streambank restoration and stabiliza12 tion utilizing biological slope stabilization.

13 ‘‘(G) Creation of floodplain riparian zones,

14 sediment removal from storm flows, and nutri15 ent uptake by riparian plant communities.

16 ‘‘(H) Projects designed to remove barriers

17 to fish passage and projects designed to remove

18 culverts or storm drains to reestablish stream

19 channel environments or to manage stormwater

20 flow.

21 ‘‘(I) Organization of neighborhood or re22 gional nonprofit watershed citizen groups and

23 councils to develop a consensus watershed res24 toration strategy where one does not currently
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1 exist and to carry out restoration activities

2 under such a plan.

3 ‘‘(J) Watershed landscape projects and

4 geographical surveys and mapping to carry out

5 the purposes of this Act, including the identi6 fication of potential riparian restoration sites.

7 ‘‘(K) Employment of youths in any or all

8 of the activities described in subparagraphs (A)

9 and (J). Such employment shall be through

10 membership in State or local conservation or

11 service corps or, where such corps do not exist,

12 through membership in State, regional, or local

13 community service organizations or other equiv14 alent agencies.

15 ‘‘(7) COORDINATION WITH OTHER AGENCIES.—

16 The Administrator shall assist project sponsors in

17 coordinating with Federal and State agencies, aca18 demic institutions, community organizations, and

19 public interest groups.

20 ‘‘(8) COOPERATIVE AGREEMENTS.—Each Re21 gional Administrator may enter into 1 or more coop22 erative agreements with appropriate officials of the

23 Soil Conservation Service of the Department of Ag24 riculture and the Fish and Wildlife Service and the

25 National Park Service of the Department of the In-
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1 terior for the purpose of having the cooperating

2 agency provide technical assistance to one or more

3 projects being carried out under the Program.

4 ‘‘(9) NONDEGRADATION POLICY.—Nothing in

5 this subsection shall be construed to encourage addi6 tional development, alteration, loss, or degradation

7 of wetlands or other waters within urban watersheds

8 or stream corridors or any other waters of the

9 United States.

10 ‘‘(10) REPORTS.—

11 ‘‘(A) REGIONAL ADMINISTRATORS.—Not

12 later than January 1, 1995, and each January

13 1 thereafter, each Regional Administrator shall

14 submit to the Administrator a report for the

15 preceding fiscal year on the implementation of

16 the Program in its region, together with rec17 ommendations of methods of improving such

18 implementation.

19 ‘‘(B) ADMINISTRATOR.—Not later than

20 March 1, 1997, the Administrator shall trans21 mit to Congress a report for fiscal years 1994,

22 1995, and 1996 on the implementation of the

23 Program under this subsection, together with

24 recommendations concerning continuation of

25 the Program after fiscal year 1998 and rec-
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1 ommendations concerning methods of improving

2 such implementation.

3 ‘‘(11) DEFINITIONS.—For the purposes of this

4 subsection, the following definitions apply:

5 ‘‘(A) ECOLOGICAL RESTORATION.—The

6 term ‘ecological restoration’ means the process

7 of intentionally altering a site to establish a de8 fined, indigenous, historic ecosystem with the

9 goal of emulating the structure, function, diver10 sity, and dynamics of the ecosystem.

11 ‘‘(B) PROGRAM.—The term ‘Program’

12 means the National Urban Watershed Restora13 tion Program established under paragraph (1)

14 by the Administrator.

15 ‘‘(C) REGIONAL ADMINISTRATOR.—The

16 term ‘Regional Administrator’ means a Re17 gional Administrator of the Environmental Pro18 tection Agency.

19 ‘‘(D) URBAN WATERSHED.—The term

20 ‘urban watershed’ means any watershed located

21 wholly or substantially within the boundaries of

22 an urbanized area designated by the Bureau of

23 the Census or any watershed located wholly or

24 substantially within the boundaries of lands

25 owned or controlled by an Indian tribe.
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1 ‘‘(E) WATERSHED.—The term ‘watershed’

2 means all lands that drain directly into a single

3 waterbody, the land that drains into sewer con4 veyances that discharge to the waterbody, and

5 the waterbody itself.’’.

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