II 

108TH CONGRESS 

1ST SESSION S. 1959

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 SENATE OF THE UNITED STATES 

NOVEMBER 25, 2003

Mr. SARBANES (for himself, Ms. LANDRIEU, Ms. MIKULSKI, and Mr. ALLEN) 

introduced the following bill; which was read twice and referred to the 

Committee on Environment and Public Works 

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 2003’’. 
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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 Commonwealth of Virginia; 

15 and 

16 (iv) the United States as a whole; 

17 (3) the Anacostia Watershed provides habitat 

18 for the bald eagle, a species that—

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

20 (B) is listed as a threatened species under 

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

22 1531 et seq.); 

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

24 densely populated watersheds within the Chesapeake 

25 Bay drainage basin; 
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1 (5) because of its location in the Nation’s cap2 ital, the Anacostia River—

3 (A) has special significance; and 

4 (B) should be a national model of urban 

5 river restoration and stewardship; 

6 (6) the Federal Government owns and manages 

7 approximately 70 percent of the Anacostia River wa8 terfront land in the District of Columbia; 

9 (7) the Anacostia Watershed is—

10 (A) a degraded urban ecosystem; and 

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

12 Chesapeake Bay region; 

13 (8) the natural ecology and nationally signifi14 cant biodiversity of the Anacostia Watershed are 

15 under stress because—

16 (A) more than 300 years of farming, min17 ing, industrial development, and urban sprawl 

18 have damaged the ecological health and 

19 hydrological function of the Anacostia Water20 shed; and 

21 (B) the Anacostia River and its tributaries 

22 have been, and continue to be, adversely im23 pacted by—

24 (i) discharges of combined sewer over25 flows; 
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1 (ii) channelization; 

2 (iii) toxic pollution; 

3 (iv) forest and wetland habitat loss; 

4 (v) erosion; 

5 (vi) sedimentation; 

6 (vii) flooding; and 

7 (viii) uncontrolled stormwater run-off 

8 that comprises 75 to 90 percent of total 

9 pollutant loads; 

10 (C) water quality has been severely and 

11 chronically degraded as a result of activities de12 scribed in subparagraph (B); 

13 (D) populations of anadromous fish species 

14 have been dramatically reduced by man-made 

15 barriers that interfere with spawning activities; 

16 (E) invasive species are adversely altering 

17 the ecological balance in the Anacostia Water18 shed; and 

19 (F) bacteria and other pathogens from 

20 combined sewer systems and urban runoff (in21 cluding the combined sewer system of the Dis22 trict, which was constructed by the Federal 

23 Government more than 100 years ago) and 

24 toxics-laden stormwater discharges from the 

25 State of Maryland and the District, have pre-
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1 cluded safe swimming, fish consumption, and 

2 numerous other types of recreation in the Ana3 costia River for decades; 

4 (9) the deteriorated Anacostia River diminishes 

5 the quality of life for all residents in the Anacostia 

6 Watershed, especially those individuals who reside 

7 east of the river in the economically distressed 

8 neighborhoods of the District; 

9 (10) Federal, State, District, and regional agen10 cies, local governments, nonprofit organizations, and 

11 dedicated private citizens have been working for 

12 many years to restore and protect the Anacostia Wa13 tershed; 

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

15 Governor of the State, and the county executives of 

16 Prince George’s County and Montgomery County, 

17 Maryland, entered into the Anacostia Watershed 

18 Restoration Agreement, which established goals and 

19 timeframes for restoring the ecological integrity of 

20 the Anacostia Watershed; 

21 (12) despite progress in restoration efforts and 

22 growing interest in the environmental condition of 

23 the Anacostia Watershed, research, restoration, and 

24 protection activities relating to the Anacostia Water-
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1 shed remain underfunded and in some cases unco2 ordinated; 

3 (13) restoration and protection of the Anacostia 

4 Watershed are central to the ecological, recreational,

5 social, and economic sustainability of the Anacostia 

6 Region; 

7 (14) the environmental and recreational at8 tributes of the Anacostia Watershed could attract 

9 visitors to the Anacostia Region; 

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

11 the Anacostia Watershed as an ecological, economic, 

12 and recreational resource for the Washington metro13 politan area and the United States, a comprehensive 

14 environmental protection, restoration, and resource 

15 management plan for the Anacostia Watershed 

16 should be developed and implemented; 

17 (16) a comprehensive action plan should be de18 veloped and implemented with the input, participa19 tion, and cooperation of interested stakeholders, with 

20 special consideration given to the input and under21 takings of the Anacostia Watershed Restoration 

22 Committee; 

23 (17) the comprehensive action plan referred to 

24 in paragraph (16) should not be inconsistent with, 

25 and should promote implementation of, a federally-
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1 approved combined sewer long-term control plan; 

2 and 

3 (18) the Water and Sewer Authority of the Dis4 trict has developed a long term control plan for com5 bined sewer overflows designed to significantly re6 duce discharges from the combined sewer system 

7 into the Anacostia River through the construction of 

8 an Anacostia storage tunnel and other sewer system 

9 improvements. 

10 SEC. 3. ANACOSTIA WATERSHED RESTORATION INITIATIVE. 

11 Title I of the Federal Water Pollution Control Act 

12 (33 U.S.C. 1251 et seq.) is amended—

13 (1) by redesignating section 121 (as added by 

14 section 112(b) of the Miscellaneous Appropriations 

15 Act, 2001 (114 Stat. 2763) as section 122; and 

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

17 by paragraph (1)) the following: 

18 ‘‘SEC. 123. ANACOSTIA WATERSHED RESTORATION INITIA19 TIVE. 

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

21 ‘‘(1) ANACOSTIA WATERSHED.—

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

23 Watershed’ means the 176 square miles (456 

24 square kilometers) of land and water in the 

25 State of Maryland and the District 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, and the county ex18 ecutives 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; 

6 ‘‘(iii) Montgomery County, Maryland; 

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

9 ‘‘(v) the Corps of Engineers; 

10 ‘‘(vi) the Environmental Protection 

11 Agency; and 

12 ‘‘(vii) the National Park Service. 

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

14 ‘combined sewer overflow’ means the mixture of 

15 stormwater and sanitary waste that is discharged di16 rectly into the Anacostia River during periods of sig17 nificant rainfall once the capacity of the Combined 

18 Sewer System is exceeded. 

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

20 ‘combined sewer system’ means the wastewater col21 lection system serving approximately 12,955 acres of 

22 the Anacostia River, Rock Creek, and Potomac 

23 River drainage areas within the District that conveys 

24 sanitary sewage and stormwater into a single piping 

25 system. 
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1 ‘‘(6) COMPREHENSIVE ACTION PLAN.—The 

2 term ‘Comprehensive Action Plan’ means the Com3 prehensive Action Plan required to be developed and 

4 implemented under subsection (d). 

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

6 Anacostia Watershed Council established by sub7 section (c)(1). 

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

9 Executive’ means the county executive of Prince 

10 George’s County or Montgomery County, Maryland, 

11 whichever is applicable. 

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

13 District of Columbia. 

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

15 the Anacostia Watershed Initiative established by 

16 subsection (b)(1). 

17 ‘‘(11) STATE.—The term ‘State’ means the 

18 State of Maryland. 

19 ‘‘(12) WASHINGTON METROPOLITAN AREA.—

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

21 metropolitan area’ means the area in the region 

22 of the capital of the United States surrounding 

23 the Anacostia Watershed. 

24 ‘‘(B) INCLUSIONS.—The term ‘Washington 

25 metropolitan area’ includes—
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1 ‘‘(i) the District; and 

2 ‘‘(ii) portions of the States of Mary3 land and Virginia surrounding the Ana4 costia Watershed.

5 ‘‘(b) ANACOSTIA WATERSHED RESTORATION INITIA6 TIVE.—

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

8 program within the Environmental Protection Agen9 cy to be known as the ‘Anacostia Watershed Res10 toration Initiative’. 

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

12 are—

13 ‘‘(A) to restore the environmental integrity 

14 of the Anacostia Watershed; 

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

16 improvements in the Anacostia Watershed; and 

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

18 goals through the development and implementa19 tion of the Comprehensive Action Plan. 

20 ‘‘(c) ANACOSTIA WATERSHED COUNCIL.—

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

22 council, to be known as the ‘Anacostia Watershed 

23 Council’, to develop, carry out, and provide assist24 ance and recommendations with respect to the Ini25 tiative. 
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1 ‘‘(2) MEMBERSHIP.—The Council shall be com2 posed of—

3 ‘‘(A) the Administrator; 

4 ‘‘(B) the Mayor of the District; 

5 ‘‘(C) the Governor of the State of Mary6 land; 

7 (D) the Governor of the Commonwealth of 

8 Virginia; 

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

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

11 ‘‘(G) the county executives. 

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

13 be—

14 ‘‘(A) to develop, in accordance with sub15 section (d), a Comprehensive Action Plan for 

16 the Anacostia Watershed; 

17 ‘‘(B) to provide financial and technical as18 sistance in accordance with subsection (f); and 

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

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

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

22 Administrator shall convene the initial meeting of 

23 the Council. 

24 ‘‘(5) MEETINGS.—The Council shall convene—
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1 ‘‘(A) as frequently as the Council deter2 mines to be necessary during the 1-year period 

3 after the date of the initial meeting of the 

4 Council to develop the Comprehensive Action 

5 Plan; and 

6 ‘‘(B) biannually thereafter—

7 ‘‘(i) to assess the status of the Com8 prehensive Action Plan; and 

9 ‘‘(ii) to determine the courses of ac10 tion for implementing the Comprehensive 

11 Action Plan. 

12 ‘‘(d) COMPREHENSIVE ACTION PLAN.—

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

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

15 with the input, participation, and cooperation of 

16 other stakeholders (including the Anacostia Water17 shed Restoration Committee), shall develop and 

18 make available to the public a 10-year Comprehen19 sive Action Plan to provide for the restoration, pro20 tection, and enhancement of the environmental in21 tegrity and social and economic benefits of the Ana22 costia Watershed by promoting—

23 ‘‘(A) watershed planning; 

24 ‘‘(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 

7 Action Plan (including the use of Federal, 

8 State, District, local, and private sources of 

9 funds). 

10 ‘‘(H) conform to existing obligations under 

11 Federal, State, and District regulations and 

12 statutes, and judicial orders and consent de13 crees, in—

14 ‘‘(i) the description of the duties of 

15 Federal, State, District and other agencies; 

16 and 

17 ‘‘(ii) the recommended schedule for 

18 adopting methods, schedules and funding 

19 for programs, activities and projects identi20 fied in the Comprehensive Action Plan. 

21 ‘‘(4) PUBLIC REVIEW AND COMMENT.—

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

23 the Council, the Administrator shall provide for 

24 public review and comment on the draft of the 

25 Comprehensive Action Plan. 
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1 ‘‘(B) PUBLIC MEETINGS.—At a minimum, 

2 the Council shall conduct 1 public meeting in 

3 each of the 3 local jurisdictions in the Ana4 costia Watershed to receive comments on the 

5 draft Comprehensive Action Plan. 

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

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

8 days after the date of release of the Com9 prehensive Action Plan to the public under sub10 paragraph (A), the Administrator, in conjunc11 tion with the Council, shall—

12 ‘‘(i) determine whether the Com13 prehensive Action Plan meets the require14 ments of this subsection; 

15 ‘‘(ii) if the Administrator makes an 

16 affirmative determination, approve the 

17 Comprehensive Action Plan; and 

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

19 determination as of the date that is 180 

20 days after release of the Comprehensive 

21 Action Plan, the Comprehensive Action 

22 Plan shall be considered to be approved. 

23 ‘‘(B) EFFECT OF APPROVAL.—On approval 

24 under subparagraph (A), the Comprehensive 

25 Action Plan shall be considered to be an ap-
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1 proved management program for the purpose of 

2 section 319(h). 

3 ‘‘(e) REPORTING REQUIREMENTS.—

4 ‘‘(1) IN GENERAL.—Not later than December 

5 15 of each year, the Council shall submit to the ap6 propriate Committees of Congress a report that—

7 ‘‘(A) describes the status of implementa8 tion of all components of the Initiative; and 

9 ‘‘(B) certifies that the Initiative is pro10 gressing in a balanced manner with respect to 

11 all program components, including improved 

12 water quality and ecosystem restoration. 

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

14 under paragraph (1) shall describe—

15 ‘‘(A) the progress of the Initiative in meet16 ing the implementation schedule provided by 

17 the Council; 

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

19 components of the Initiative; 

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

21 years covered by the report for implementing 

22 the Initiative; and 

23 ‘‘(D) accomplishments during the portions 

24 of fiscal years covered by the report in achiev25 ing the objectives of improved—
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1 ‘‘(i) water quality; 

2 ‘‘(ii) ecosystem restoration and protec3 tion; 

4 ‘‘(iii) watershed management; and 

5 ‘‘(iv) stormwater management. 

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

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

8 Council, the Administrator may provide financial 

9 and technical assistance to eligible entities described 

10 in paragraph (2) to carry out projects—

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

12 modeling work, and technical and supporting 

13 work (including demonstration projects) nec14 essary for development of the Comprehensive 

15 Action Plan; 

16 ‘‘(B) to implement the approved Com17 prehensive Action Plan; 

18 ‘‘(C) to provide interdisciplinary training 

19 for environmental researchers, educators, and 

20 policymakers; 

21 ‘‘(D) to enhance understanding of environ22 mental issues by regional policymakers and the 

23 general public; and 
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1 ‘‘(E) to develop and disseminate edu2 cational resources and opportunities for edu3 cation at all levels. 

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

5 referred to in paragraph (1) is—

6 ‘‘(A)(i) a State, regional, or local water 

7 pollution control agency or water resources 

8 planning agency,; 

9 ‘‘(ii) the wastewater treatment facility of 

10 the District of Columbia; or 

11 ‘‘(iii) the stormwater permit adminis12 trator of the District of Columbia; 

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

14 college or university; or 

15 ‘‘(C) a registered nonprofit agency, institu16 tion, or organization (including the Washington 

17 Metropolitan Council of Governments). 

18 ‘‘(3) COST.—With respect to the costs of a 

19 project described in paragraph (1)—

20 ‘‘(A) not more than 75 percent of the cost 

21 of carrying out such a project shall be provided 

22 from funds made available under—

23 ‘‘(i) this section; or 
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1 ‘‘(ii) the Water Resources Develop2 ment Act of 1992 (Public Law 102–580); 

3 and 

4 ‘‘(B) matching funds to carry out such a 

5 project may be provided in the form of cash or 

6 in-kind contributions (including contributions of 

7 real or personal property or service). 

8 ‘‘(4) ADMINISTRATION.—The Administrator 

9 may establish such requirements for the administra10 tion of assistance under this subsection as the Ad11 ministrator determines to be appropriate. 

12 ‘‘(g) FEDERAL PROGRAM COORDINATION.—

13 ‘‘(1) IN GENERAL.—Appropriate financial, sci14 entific, and technical assistance shall be provided for 

15 the Initiative and implementation of the plan and 

16 the development and implementation of the Com17 prehensive Action Plan by the Under Secretary or 

18 Assistant Secretary or higher level position from 

19 each of—

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

21 ‘‘(B) the Department of Agriculture; 

22 ‘‘(C) the Department of Commerce; 

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

24 ‘‘(E) the Department of Transportation. 
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1 ‘‘(2) TYPES OF ASSISTANCE.—Assistance pro2 vided under paragraph (1) may include assistance 

3 relating to—

4 ‘‘(A) the restoration and protection of 

5 streams, wetland, grassland, and aquatic and 

6 riparian habitats (including assistance through 

7 land acquisition and establishment of conserva8 tion easements for forest and riparian buffers 

9 and wetland); 

10 ‘‘(B)(i) water quality and flow monitoring; 

11 ‘‘(ii) watershed modeling; 

12 ‘‘(iii) implementation of combined sewer 

13 overflow controls; and 

14 ‘‘(iv) stormwater management; 

15 ‘‘(C) the use of best management prac16 tices, including agricultural best management 

17 practices; 

18 ‘‘(D) the development of an integrated geo19 graphic information system; 

20 ‘‘(E) the management of fisheries and 

21 other aquatic, wildlife, cultural heritage, and 

22 recreational resources; 

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

24 habitat assessment surveys; 
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1 ‘‘(G) the development and implementation 

2 of resource restoration, development, and con3 servation programs; 

4 ‘‘(H) the management of exotic and 

5 invasive species; 

6 ‘‘(I) the promotion of environmentally sen7 sitive design practices, including low impact de8 velopment; and 

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

10 economic activity and sustainable development. 

11 ‘‘(h) NO EFFECT ON OTHER AUTHORITY.—Nothing 

12 in this section shall affect the authority or obligation of 

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

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

15 ‘‘(i) FUNDING.—

16 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.—

17 There are authorized to be appropriated for each of 

18 fiscal years 2004 through 2013—

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

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

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

22 $5,000,000, of which $1,000,000 shall be used 

23 by each of the 5 Federal agencies specified in 

24 subparagraphs (A) through (E) of subsection 

25 (g)(1). 
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1 ‘‘(2) ADMINISTRATION COSTS.—Except with re2 spect to funds made available to carry out sub3 section (b), not more than 10 percent of the funds 

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

5 may be used to pay administrative costs incurred in 

6 carrying out this section. 

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

8 under this subsection shall remain available until ex9 pended. 

10 ‘‘(4) AVAILABLE FUNDING.—Nothing in this 

11 Act shall—

12 ‘‘(A) require the use of existing appropria13 tions to further the goals of the Comprehensive 

14 Action Plan; or 

15 ‘‘(B) result in an expenditure to comply 

16 with the Comprehensive Action Plan in the ab17 sence of available funds.’’. 

18 SEC. 4. WATER INFRASTRUCTURE. 

19 (a) IN GENERAL.—Section 219(f) of the Water Re20 sources Development Act of 1992 (106 Stat. 4835; 113 

21 Stat. 335–337; 114 Stat. 2763A–220–221) is amended: 

22 (1) by redesignating paragraphs (45) through 

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

24 and 
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1 (2) by inserting after paragraph (44) the fol2 lowing: 

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

4 $150,000,000 for implementation of a combined 

5 sewer overflow long term control plan, Washington, 

6 District of Columbia.’’

7 (b) ANACOSTIA RIVER ENVIRONMENTAL RESTORA8 TION AND PROTECTION PROGRAM.— 

9 (1) ESTABLISHMENT.—

10 (A) IN GENERAL.—The Secretary of the 

11 Army, acting through the Chief of Engineers, 

12 shall establish a program to provide environ13 mental assistance to non-Federal interests in 

14 the Anacostia River Basin. 

15 (B) FORM.—The assistance shall be in the 

16 form of design and construction assistance for 

17 water-related environmental infrastructure and 

18 resource protection and development projects 

19 affecting the Anacostia River, including low-im20 pact development and other projects—

21 (i) to alleviate adverse water quality 

22 impacts resulting from storm water dis23 charges; 

24 (ii) to provide for sediment and ero25 sion control; 
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1 (iii) to protect eroding shorelines; 

2 (iv) to protect essential public works; 

3 (v) to provide wastewater treatment 

4 and related facilities; 

5 (vi) to protect water supply and re6 lated facilities; 

7 (vii) to encourage beneficial uses of 

8 dredged material; and 

9 (viii) to enhance the water quality and 

10 living resources of the watershed. 

11 (2) COST SHARING.—

12 (A) FEDERAL SHARE.—Except as provided 

13 in subparagraph (B)(ii), the Federal share of 

14 the total project costs of each local cooperation 

15 agreement entered into under this section shall 

16 be 75 percent. 

17 (B) NON-FEDERAL SHARE.—

18 (i) IN GENERAL.—The non-Federal 

19 share of the cost of projects under this sec20 tion shall include land, easements, rights21 of-way, and relocations and disposal areas, 

22 and may include services, up to 100 per23 cent of the non-Federal share. 

24 (ii) OPERATION AND MAINTENANCE

25 COSTS.—The non-Federal share of the 
29

•S 1959 IS 

1 costs of operation and maintenance of ac2 tivities carried out under an agreement 

3 under this section shall be 100 percent. 

4 (C) AUTHORIZATION OF APPROPRIA5 TIONS.—There is authorized to be appropriated 

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

Æ