I 
108TH CONGRESS 
1ST SESSION H. R. 3622
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 
NOVEMBER 21, 2003
Ms. NORTON (for herself, Mr. HOYER, Mr. WYNN, Mr. MORAN of Virginia, 
and Mr. VAN HOLLEN) 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Anacostia Watershed 
Initiative Act of 2003’’.
SEC. 2. FINDINGS. 
Congress finds that—
(1) the Anacostia Watershed encompasses 176 
square miles in the State of Maryland and the Dis-
trict of Columbia; 
(2) the Anacostia Watershed—
(A) features the Anacostia River and its 
tributaries; and 
(B) has the potential to provide great eco-
logical, biodiversity, recreational, social, and 
economic benefits to—
(i) the District of Columbia; 
(ii) the State of Maryland; 
(iii) the State of Virginia; and 
(iv) the United States as a whole; 
(3) the Anacostia Watershed provides habitat 
for the bald eagle, a species that—
(A) is a symbol of the United States; and 
(B) is listed as a threatened species under 
the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.); 
(4) the Anacostia Watershed is 1 of the most 
densely populated watersheds within the Chesapeake 
Bay drainage basin; 
(5) because of its location in the Nation’s Cap-
ital, the Anacostia River—
(A) has special significance; and 
(B) should be a national model of urban 
river restoration and stewardship; 
(6) the Federal Government owns and manages 
approximately 70 percent of the Anacostia River wa-
terfront land in the District of Columbia; 
(7) the Anacostia Watershed is—
(A) a degraded urban ecosystem; and 
(B) 1 of 3 toxic regions of concern in the 
Chesapeake Bay region; 
(8) the natural ecology and nationally signifi-
cant biodiversity of the Anacostia Watershed are 
under stress because—
(A) more than 300 years of farming, min-
ing, industrial development, and urban sprawl 
have damaged 
the 
ecological 
health 
and 
hydrological function of the Anacostia Water-
shed; and 
(B) the Anacostia River and its tributaries 
have been, and continue to be, adversely im-
pacted by—
(i) discharges of combined sewer over-
flows; 
(ii) channelization; 
(iii) toxic pollution;
(18) the Water and Sewer Authority of the Dis-
trict has developed a long term control plan for com-
bined sewer overflows designed to significantly re-
duce discharges from the combined sewer system 
into the Anacostia River through the construction of 
an Anacostia storage tunnel and other sewer system 
improvements. 
SEC. 3. ANACOSTIA WATERSHED RESTORATION INITIATIVE. 
Title I of the Federal Water Pollution Control Act 
(33 U.S.C. 1251 et seq.) is amended—
(1) by redesignating section 121 the second 
place it appears, as section 122; and 
(2) by adding after section 122 (as redesignated 
by paragraph (1)) the following: 
‘‘SEC. 123. ANACOSTIA WATERSHED RESTORATION INITIA-
TIVE. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) ANACOSTIA WATERSHED.—
‘‘(A) IN GENERAL.—The term ‘Anacostia 
Watershed’ means the 176 square miles (456 
square kilometers) of land and water in the 
State of Maryland and the District of Columbia 
that—
‘‘(i) approximately mirrors the bound-
ary between Montgomery County and 
Prince George’s County, Maryland; and 
‘‘(ii) converges with the Potomac 
River near the southern tip of the District. 
‘‘(B) INCLUSIONS.—The term ‘Anacostia 
Watershed’ includes—
‘‘(i) the tidal Anacostia River; 
‘‘(ii) the northwest branch, northeast 
branch, contributing tributaries, and tidal 
drainage areas of the Anacostia River; and 
‘‘(iii) the Anacostia Park managed by 
the National Park Service. 
‘‘(2) ANACOSTIA
WATERSHED
AGREEMENT.—
The term ‘Anacostia Watershed Agreement’ means 
the agreement entered into by the Mayor of the Dis-
trict, the Governor of the State, and the county ex-
ecutives in 2001. 
‘‘(3) ANACOSTIA
WATERSHED
RESTORATION 
COMMITTEE.—The term ‘Anacostia Watershed Res-
toration Committee’ means the organization that—
‘‘(A) was established in 1987 to oversee 
and coordinate the regional restoration effort 
for, to enhance awareness of, and to expand
communication regarding the Anacostia Water-
shed; and 
‘‘(B) is comprised of representatives of—
‘‘(i) the District; 
‘‘(ii) the State; 
‘‘(iii) Montgomery County, Maryland; 
‘‘(iv) Prince George’s County, Mary-
land; 
‘‘(v) the United States Army Corps of 
Engineers; 
‘‘(vi) the Environmental Protection 
Agency; and 
‘‘(vii) the National Park Service. 
‘‘(4) COMBINED SEWER OVERFLOW.—The term 
‘combined sewer overflow’ means the mixture of 
stormwater and sanitary waste that is discharged di-
rectly into the Anacostia River during periods of sig-
nificant rainfall once the capacity of the Combined 
Sewer System is exceeded. 
‘‘(5) COMBINED
SEWER
SYSTEM.—The term 
‘combined sewer system’ means the wastewater col-
lection system serving approximately 12,955 acres of 
the Anacostia River, Rock Creek, and Potomac 
River drainage areas within the District that conveys
sanitary sewage and stormwater into a single piping 
system. 
‘‘(6) COMPREHENSIVE
ACTION
PLAN.—The 
term ‘Comprehensive Action Plan’ means the Com-
prehensive Action Plan required to be developed and 
implemented under subsection (d). 
‘‘(7) COUNCIL.—The term ‘Council’ means the 
Anacostia Watershed Council established by sub-
section (c)(1). 
‘‘(8) COUNTY EXECUTIVE.—The term ‘County 
Executive’ means the county executive of Prince 
George’s County or Montgomery County, Maryland, 
whichever is applicable. 
‘‘(9) DISTRICT.—The term ‘District’ means the 
District of Columbia. 
‘‘(10) INITIATIVE.—The term ‘Initiative’ means 
the Anacostia Watershed Initiative established by 
subsection (b)(1). 
‘‘(11) STATE.—The term ‘State’ means the 
State of Maryland.
‘‘(12) WASHINGTON METROPOLITAN AREA.—
‘‘(A) IN GENERAL.—The term ‘Washington 
metropolitan area’ means the area in the region 
of the capital of the United States surrounding 
the Anacostia Watershed.
‘‘(B) INCLUSIONS.—The term ‘Washington 
metropolitan area’ includes—
‘‘(i) the District of Columbia; and 
‘‘(ii) portions of the States of Mary-
land and Virginia surrounding the Ana-
costia Watershed. 
‘‘(b) ANACOSTIA WATERSHED RESTORATION INITIA-
TIVE.—
‘‘(1) ESTABLISHMENT.—There is established a 
program within the Environmental Protection Agen-
cy to be known as the ‘Anacostia Watershed Res-
toration Initiative’. 
‘‘(2) PURPOSES.—The purposes of the Initiative 
are—
‘‘(A) to restore the environmental integrity 
of the Anacostia Watershed; 
‘‘(B) to plan and fund related restoration 
improvements in the Anacostia Watershed; and 
‘‘(C) to assist the Council in achieving its 
goals through the development and implementa-
tion of the Comprehensive Action Plan. 
‘‘(c) ANACOSTIA WATERSHED COUNCIL.—
‘‘(1) ESTABLISHMENT.—There is established a 
council, to be known as the ‘Anacostia Watershed 
Council’, to develop, carry out, and provide assist-
ance and recommendations with respect to the Ini-
tiative. 
‘‘(2) MEMBERSHIP.—The Council shall be com-
posed of—
‘‘(A) the Administrator; 
‘‘(B) the Mayor of the District; 
‘‘(C) the Governor of the State; 
‘‘(D) the Secretary of the Interior; 
‘‘(E) the Secretary of the Army; and 
‘‘(F) the county executives. 
‘‘(3) DUTIES.—The duties of the Council shall 
be—
‘‘(A) to develop, in accordance with sub-
section (d), a comprehensive action plan for the 
Anacostia Watershed; 
‘‘(B) to provide financial and technical as-
sistance in accordance with subsection (f); and 
‘‘(C) to carry out this subsection. 
‘‘(4) INITIAL
MEETING.—Not later than 90 
days after the date of enactment of this section, the 
Administrator shall convene the initial meeting of 
the Council. 
‘‘(5) MEETINGS.—The Council shall convene—
‘‘(A) as frequently as the Council deter-
mines to be necessary during the 1-year period
after the date of the initial meeting of the 
Council to develop the comprehensive action 
plan; and 
‘‘(B) biannually thereafter—
‘‘(i) to assess the status of the com-
prehensive action plan; and 
‘‘(ii) to determine the courses of ac-
tion for implementing the comprehensive 
action plan. 
‘‘(d) COMPREHENSIVE ACTION PLAN.—
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this section, the Council, 
with the input, participation, and cooperation of 
other stakeholders (including the Anacostia Water-
shed Restoration Committee), shall develop and 
make available to the public a 10-year comprehen-
sive action plan to provide for the restoration, pro-
tection, and enhancement of the environmental in-
tegrity and social and economic benefits of the Ana-
costia Watershed by promoting—
‘‘(A) watershed planning; 
‘‘(B) stormwater management; 
‘‘(C) air, water, sediment, biological, bac-
teriological, and habitat monitoring;
‘‘(D) sustainable development and environ-
mentally-friendly land-use planning; 
‘‘(E) ecological restoration; 
‘‘(F) economic development and employ-
ment opportunities; and 
‘‘(G) implementation of a federally-ap-
proved plan to control combined sewer overflows 
into the Anacostia River. 
‘‘(2) OTHER
PROJECTS.—The comprehensive 
action plan—
‘‘(A) shall not affect any existing or 
planned projects or any approved master or sec-
tor plans; 
‘‘(B) shall not be inconsistent with and 
shall promote implementation of the require-
ments of a federally-approved combined sewer 
long-term control plan; 
‘‘(C) shall take into account new tech-
nologies and management practices; and 
‘‘(D) may be modified, as appropriate, by 
the Council. 
‘‘(3) OBJECTIVES.—The comprehensive action 
plan shall—
‘‘(A) incorporate, at a minimum, the goals 
expressed in the Anacostia Watershed Agree-
ment, of—
‘‘(i) significantly reducing pollutant 
loads (including sediments, toxic pollut-
ants, combined sewer overflows, storm-
water discharges, and any other nonpoint 
inputs and trash), delivered to the Ana-
costia River and its tributaries to meet 
water quality standards and goals; 
‘‘(ii) restoring and protecting the eco-
logical integrity of the Anacostia River and 
its tributaries to—
‘‘(I) enhance aquatic diversity; 
‘‘(II) increase recreational use; 
and 
‘‘(III) provide for a quality urban 
fishery; 
‘‘(iii) restoring in the Anacostia River 
and its tributaries the natural range of 
resident and anadromous fish to historical 
limits; 
‘‘(iv) increasing the natural filtering 
capacity and habitat diversity of the Ana-
costia Watershed by significantly increas-
ing the acreage and quality of tidal and 
nontidal wetland; 
‘‘(v)(I) protecting and expanding for-
est cover throughout the Anacostia Water-
shed; and 
‘‘(II) creating a continuous riparian 
forest buffer adjacent to the streams, wet-
land, and primary branches of the Ana-
costia River; and 
‘‘(vi) increasing—
‘‘(I) the awareness of citizens 
and private businesses of their vital 
role in the cleanup and economic revi-
talization of the Anacostia Watershed; 
and 
‘‘(II) volunteer and public-private 
partnership participation in restora-
tion activities for the Anacostia Wa-
tershed;
‘‘(B) 
identify 
specific 
targets 
to 
be 
achieved annually for each of fiscal years 2004 
through 2013 using the indicators delineated in 
the Anacostia Watershed Agreement; 
‘‘(C) identify specific actions and schedules 
for meeting the targets identified under sub-
paragraph (B), and for the remediation and 
prevention of further degradation of the Ana-
costia Watershed, in terms of—
‘‘(i) the chemical, physical, and bio-
logical integrity of water and sediment; 
‘‘(ii) native habitats and the indige-
nous 
populations 
of 
shellfish, 
fish, 
macroinvertebrates, and wildlife; 
‘‘(iii) appropriate water levels; and 
‘‘(iv) recreational and economic activi-
ties; 
‘‘(D) incorporate environmental manage-
ment and economic development concepts and 
programs established under Federal, State, Dis-
trict, regional, bicounty, and local plans and 
programs that are—
‘‘(i) in effect at the time of develop-
ment of the comprehensive action plan; 
and 
‘‘(ii) consistent with the goals and tar-
gets of the Anacostia Watershed Agree-
ment; 
‘‘(E) describe the duties of Federal, State, 
and local agencies in carrying out activities de-
scribed in the comprehensive action plan;
‘‘(F) recommend a schedule for adoption 
by such agencies for carrying out such duties 
within a reasonable period of time; and 
‘‘(G) describe methods, schedules, and 
amounts for funding of programs, activities, 
and projects identified in the comprehensive ac-
tion plan (including the use of Federal, State, 
District, local, and private sources of funds). 
‘‘(H) conform to existing obligations under 
Federal, State, and District regulations and 
statutes, and judicial orders and consent de-
crees, in its description of the duties of Federal, 
State, District and other agencies, and in its 
recommended schedule for adopting methods, 
schedules and funding for programs, activities 
and projects identified in the comprehensive ac-
tion plan. 
‘‘(4) PUBLIC REVIEW AND COMMENT.—
‘‘(A) IN
GENERAL.—In cooperation with 
the Council, the Administrator shall provide for 
public review and comment on the draft of the 
comprehensive action plan. 
‘‘(B) PUBLIC MEETINGS.—At a minimum, 
the Council shall conduct 1 public meeting in 
each of the 3 local jurisdictions in the Ana-
costia Watershed to receive comments on the 
draft comprehensive action plan. 
‘‘(5) APPROVAL BY THE ADMINISTRATOR.—
‘‘(A) IN
GENERAL.—Not later than 120 
days after the date of release of the comprehen-
sive action plan to the public under subpara-
graph (A), the Administrator, in conjunction 
with the Council, shall—
‘‘(i) determine whether the com-
prehensive action plan meets the require-
ments of this subsection; 
‘‘(ii) if the Administrator makes an 
affirmative determination, approve the 
comprehensive action plan; and 
‘‘(iii) if the Secretary fails to make a 
determination after 180 days after release 
of the comprehensive plan, the plan shall 
be deemed to be approved. 
‘‘(B) EFFECT
OF
APPROVAL.—Upon ap-
proval of the comprehensive action plan under 
subparagraph (A), the comprehensive plan shall 
be considered to be an approved management 
program for the purpose of section 319(h). 
‘‘(e) REPORTING REQUIREMENTS.—
‘‘(1) IN GENERAL.—Not later than December 
15th of each year, the Council shall submit to the 
appropriate Committees of Congress a report that—
‘‘(A) describes the status of implementa-
tion of all components of the Initiative; and 
‘‘(B) certifies that the Initiative is pro-
gressing in a balanced manner with respect to 
all program components, including improved 
water quality and ecosystem restoration. 
‘‘(2) SPECIFIC
REQUIREMENTS.—Each report 
under paragraph (1) shall describe—
‘‘(A) the progress of the Initiative in meet-
ing the implementation schedule provided by 
the Council; 
‘‘(B) the status of implementation of all 
components of the Initiative; 
‘‘(C) expenditures for the portions of fiscal 
years covered by the report for implementing 
the Initiative; and 
‘‘(D) accomplishments during the portions 
of fiscal years covered by the report in achiev-
ing the objectives of improved—
‘‘(i) water quality; 
‘‘(ii) ecosystem restoration and protec-
tion;
‘‘(iii) watershed management; and 
‘‘(iv) stormwater management. 
‘‘(f) FINANCIAL AND TECHNICAL ASSISTANCE.—
‘‘(1) IN
GENERAL.—In consultation with the 
Council, the Administrator may provide financial 
and technical assistance to eligible entities described 
in paragraph (2) to carry out projects—
‘‘(A) to conduct research, surveys, studies, 
modeling work, and technical and supporting 
work (including demonstration projects) nec-
essary for development of the comprehensive ac-
tion plan; 
‘‘(B) to implement the approved com-
prehensive action plan; 
‘‘(C) to provide interdisciplinary training 
for environmental researchers, educators, and 
policymakers; 
‘‘(D) to enhance understanding of environ-
mental issues by regional policymakers and the 
general public; and 
‘‘(E) to develop and disseminate edu-
cational resources and opportunities for edu-
cation at all levels. 
‘‘(2) ELIGIBLE
ENTITIES.—An eligible entity 
referred to in paragraph (1) is—
‘‘(A) a State, regional, or local water pollu-
tion control agency or water resources planning 
agency, the District of Columbia wastewater 
treatment facility and the District of Columbia 
stormwater permit administrator; 
‘‘(B) an accredited 4-year public or private 
college or university; or 
‘‘(C) a registered nonprofit agency, institu-
tion, or organization (including the Washington 
Metropolitan Council of Governments). 
‘‘(3) COST SHARING.—(A) Not more than 75 
percent of the cost of carrying out a project de-
scribed in paragraph (1)—
‘‘(i) shall be provided from funds made 
available under—
‘‘(I) this section; or
‘‘(II) the Water Resources Develop-
ment Act 1992 (Public Law 102–580); and 
‘‘(B) matching funds to carry out a project de-
scribed in paragraph (1) may be provided in the 
form of cash or in-kind contributions (including con-
tributions of real or personal property or service). 
‘‘(4) 
ADMINISTRATION.—The 
Administrator 
may establish such requirements for the administra-
tion of assistance under this subsection as the Ad-
ministrator determines to be appropriate. 
‘‘(g) FEDERAL PROGRAM COORDINATION.—
‘‘(1) IN GENERAL.—Appropriate financial, sci-
entific, and technical assistance shall be provided for 
the Initiative and implementation of the plan and 
the development and implementation of the com-
prehensive action plan by the Under Secretary or 
Assistant Secretary or higher level position from 
each of—
‘‘(A) the Department of the Interior; 
‘‘(B) the Department of Agriculture; 
‘‘(C) the Department of Commerce; 
‘‘(D) the Department of the Army; and 
‘‘(E) the Department of Transportation. 
‘‘(2) TYPES OF ASSISTANCE.—Assistance pro-
vided under paragraph (1) may include assistance 
relating to—
‘‘(A) the restoration and protection of 
streams, wetland, grassland, and aquatic and 
riparian habitats (including assistance through 
land acquisition and establishment of conserva-
tion easements for forest and riparian buffers 
and wetland); 
‘‘(B)(i) water quality and flow monitoring;