[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1472 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 1472
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
July 22, 2005
Mr. Sarbanes (for himself, Ms. Mikulski, Ms. Landrieu, Mr. Warner, 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.
Be it enacted by the Senate and House of Representatives 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 2005''.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Anacostia Watershed encompasses 176 square miles in
the State of Maryland and the District of Columbia;
(2) the Anacostia Watershed--
(A) features the Anacostia River and its
tributaries; and
(B) has the potential to provide great ecological,
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 capital, 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 waterfront 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 significant
biodiversity of the Anacostia Watershed are under stress
because--
(A) more than 300 years of farming, mining,
industrial development, and urban sprawl have damaged
the ecological health and hydrological function of the
Anacostia Watershed; and
(B) the Anacostia River and its tributaries have
been, and continue to be, adversely impacted by--
(i) discharges of combined sewer overflows;
(ii) channelization;
(iii) toxic pollution;
(iv) forest and wetland habitat loss;
(v) erosion;
(vi) sedimentation;
(vii) flooding; and
(viii) uncontrolled stormwater run-off that
comprises 75 to 90 percent of total pollutant
loads;
(C) water quality has been severely and chronically
degraded as a result of activities described in
subparagraph (B);
(D) populations of anadromous fish species have
been dramatically reduced by man-made barriers that
interfere with spawning activities;
(E) invasive species are adversely altering the
ecological balance in the Anacostia Watershed; and
(F) bacteria and other pathogens from combined
sewer systems and urban runoff (including the combined
sewer system of the District, which was constructed by
the Federal Government more than 100 years ago) and
toxics-laden stormwater discharges from the State of
Maryland and the District, have precluded safe
swimming, fish consumption, and numerous other types of
recreation in the Anacostia River for decades;
(9) the deteriorated Anacostia River diminishes the quality
of life for all residents in the Anacostia Watershed,
especially those individuals who reside east of the river in
the economically distressed neighborhoods of the District;
(10) Federal, State, District, and regional agencies, local
governments, nonprofit organizations, and dedicated private
citizens have been working for many years to restore and
protect the Anacostia Watershed;
(11) in 2001, the Mayor of the District, the Governor of
the State, and the county executives of Prince George's County
and Montgomery County, Maryland, entered into the Anacostia
Watershed Restoration Agreement, which established goals and
timeframes for restoring the ecological integrity of the
Anacostia Watershed;
(12) despite progress in restoration efforts and growing
interest in the environmental condition of the Anacostia
Watershed, research, restoration, and protection activities
relating to the Anacostia Watershed remain underfunded and in
some cases uncoordinated;
(13) restoration and protection of the Anacostia Watershed
are central to the ecological, recreational, social, and
economic sustainability of the Anacostia Region;
(14) the environmental and recreational attributes of the
Anacostia Watershed could attract visitors to the Anacostia
Region;
(15) in recognition of local efforts and to secure the
Anacostia Watershed as an ecological, economic, and
recreational resource for the Washington metropolitan area and
the United States, a comprehensive environmental protection,
restoration, and resource management plan for the Anacostia
Watershed should be developed and implemented;
(16) a comprehensive action plan should be developed and
implemented with the input, participation, and cooperation of
interested stakeholders, with special consideration given to
the input and undertakings of the Anacostia Watershed
Restoration Committee;
(17) the comprehensive action plan referred to in paragraph
(16) should not be inconsistent with, and should promote
implementation of, a federally-approved combined sewer long-
term control plan; and
(18) the Water and Sewer Authority of the District has
developed a long term control plan for combined sewer overflows
designed to significantly reduce 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 (as added by section
112(b) of the Miscellaneous Appropriations Act, 2001 (114 Stat.
2763) as section 122; and
(2) by adding after section 122 (as redesignated by
paragraph (1)) the following:
``SEC. 123. ANACOSTIA WATERSHED RESTORATION INITIATIVE.
``(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 that--
``(i) approximately mirrors the boundary
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 District, the Governor of the State, and the
county executives in 2001.
``(3) Anacostia watershed restoration committee.--The term
`Anacostia Watershed Restoration 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 Watershed; and
``(B) is comprised of representatives of--
``(i) the District;
``(ii) the State;
``(iii) Montgomery County, Maryland;
``(iv) Prince George's County, Maryland;
``(v) the 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 directly into the Anacostia River during
periods of significant rainfall once the capacity of the
Combined Sewer System is exceeded.
``(5) Combined sewer system.--The term `combined sewer
system' means the wastewater collection 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 Comprehensive Action Plan required to be
developed and implemented under subsection (d).
``(7) Council.--The term `Council' means the Anacostia
Watershed Council established by subsection (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; and
``(ii) portions of the States of Maryland
and Virginia surrounding the Anacostia
Watershed.
``(b) Anacostia Watershed Restoration Initiative.--
``(1) Establishment.--There is established a program within
the Environmental Protection Agency to be known as the
`Anacostia Watershed Restoration 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 implementation 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 assistance and recommendations with respect to
the Initiative.
``(2) Membership.--The Council shall be composed 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 subsection
(d), a Comprehensive Action Plan for the Anacostia
Watershed;
``(B) to provide financial and technical assistance
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 determines 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
Comprehensive Action Plan; and
``(ii) to determine the courses of action
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 Watershed Restoration Committee), shall develop
and make available to the public a 10-year Comprehensive Action
Plan to provide for the restoration, protection, and
enhancement of the environmental integrity and social and
economic benefits of the Anacostia Watershed by promoting--
``(A) watershed planning;
``(B) stormwater management;
``(C) air, water, sediment, biological,
bacteriological, and habitat monitoring;
``(D) sustainable development and environmentally-
friendly land-use planning;
``(E) ecological restoration;
``(F) economic development and employment
opportunities; and
``(G) implementation of a federally-approved 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 sector plans;
``(B) shall not be inconsistent with and shall
promote implementation of the requirements of a
federally-approved combined sewer long-term control
plan;
``(C) shall take into account new technologies 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 Agreement, of--
``(i) significantly reducing pollutant
loads (including sediments, toxic pollutants,
combined sewer overflows, storm-water
discharges, and any other nonpoint inputs and
trash), delivered to the Anacostia River and
its tributaries to meet water quality standards
and goals;
``(ii) restoring and protecting the
ecological 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 Anacostia
Watershed by significantly increasing the
acreage and quality of tidal and nontidal
wetland;
``(v)(I) protecting and expanding forest
cover throughout the Anacostia Watershed; and
``(II) creating a continuous riparian
forest buffer adjacent to the streams, wetland,
and primary branches of the Anacostia River;
and
``(vi) increasing--
``(I) the awareness of citizens and
private businesses of their vital role
in the cleanup and economic
revitalization of the Anacostia
Watershed; and
``(II) volunteer and public-private
partnership participation in
restoration activities for the
Anacostia Watershed;
``(B) identify specific targets to be achieved
annually for each of fiscal years 2006 through 2015
using the indicators delineated in the Anacostia
Watershed Agreement;
``(C) identify specific actions and schedules for
meeting the targets identified under subparagraph (B),
and for the remediation and prevention of further
degradation of the Anacostia Watershed, in terms of--
``(i) the chemical, physical, and
biological integrity of water and sediment;
``(ii) native habitats and the indigenous
populations of shellfish, fish,
macroinvertebrates, and wildlife;
``(iii) appropriate water levels; and
``(iv) recreational and economic
activities;
``(D) incorporate environmental management and
economic development concepts and programs established
under Federal, State, District, regional, bicounty, and
local plans and programs that are--
``(i) in effect at the time of development
of the Comprehensive Action Plan; and
``(ii) consistent with the goals and
targets of the Anacostia Watershed Agreement;
``(E) describe the duties of Federal, State, and
local agencies in carrying out activities described 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;
``(G) describe methods, schedules, and amounts for
funding of programs, activities, and projects
identified in the Comprehensive Action Plan (including
the use of Federal, State, District, local, and private
sources of funds); and
``(H) conform to existing obligations under
Federal, State, and District regulations and statutes,
and judicial orders and consent decrees, in--
``(i) the description of the duties of
Federal, State, District and other agencies;
and
``(ii) the recommended schedule for
adopting methods, schedules and funding for
programs, activities and projects identified in
the Comprehensive Action 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 Anacostia 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 Comprehensive Action Plan to
the public under subparagraph (A), the Administrator,
in conjunction with the Council, shall--
``(i) determine whether the Comprehensive
Action Plan meets the requirements 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 as of the date that is 180 days
after release of the Comprehensive Action Plan,
the Comprehensive Action Plan shall be
considered to be approved.
``(B) Effect of approval.--On approval under
subparagraph (A), the Comprehensive Action 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 15 of each year,
the Council shall submit to the appropriate Committees of
Congress a report that--
``(A) describes the status of implementation of all
components of the Initiative; and
``(B) certifies that the Initiative is progressing
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 meeting 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 achieving the objectives
of improved--
``(i) water quality;
``(ii) ecosystem restoration and
protection;
``(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) necessary for
development of the Comprehensive Action Plan;
``(B) to implement the approved Comprehensive
Action Plan;
``(C) to provide interdisciplinary training for
environmental researchers, educators, and policymakers;
``(D) to enhance understanding of environmental
issues by regional policymakers and the general public;
and
``(E) to develop and disseminate educational
resources and opportunities for education at all
levels.
``(2) Eligible entities.--An eligible entity referred to in
paragraph (1) is--
``(A)(i) a State, regional, or local water
pollution control agency or water resources planning
agency;
``(ii) the wastewater treatment facility of the
District of Columbia; or
``(iii) the stormwater permit administrator of the
District of Columbia;
``(B) an accredited 4-year public or private
college or university; or
``(C) a registered nonprofit agency, institution,
or organization (including the Washington Metropolitan
Council of Governments).
``(3) Cost.--With respect to the costs of a project
described in paragraph (1)--
``(A) not more than 75 percent of the cost of
carrying out such a project shall be provided from
funds made available under--
``(i) this section; or
``(ii) the Water Resources Development Act
of 1992 (Public Law 102-580); and
``(B) matching funds to carry out such a project
may be provided in the form of cash or in-kind
contributions (including contributions of real or
personal property or service).
``(4) Administration.--The Administrator may establish such
requirements for the administration of assistance under this
subsection as the Administrator determines to be appropriate.
``(g) Federal Program Coordination.--
``(1) In general.--Appropriate financial, scientific, and
technical assistance shall be provided for the Initiative and
implementation of the plan and the development and
implementation of the Comprehensive 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 provided 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 conservation easements for forest and
riparian buffers and wetland);
``(B)(i) water quality and flow monitoring;
``(ii) watershed modeling;
``(iii) implementation of combined sewer overflow
controls; and
``(iv) stormwater management;
``(C) the use of best management practices,
including agricultural best management practices;
``(D) the development of an integrated geographic
information system;
``(E) the management of fisheries and other
aquatic, wildlife, cultural heritage, and recreational
resources;
``(F) the conduct of wildlife species and habitat
assessment surveys;
``(G) the development and implementation of
resource restoration, development, and conservation
programs;
``(H) the management of exotic and invasive
species;
``(I) the promotion of environmentally sensitive
design practices, including low impact development; and
``(J) the promotion of healthy and diverse economic
activity and sustainable development.
``(h) No Effect on Other Authority.--Nothing in this section shall
affect the authority or obligation of a Federal, District, District
independent, or State agency provided under other law, judicial order,
or regulation.
``(i) Funding.--
``(1) Authorization of appropriations.--There are
authorized to be appropriated for each of fiscal years 2006
through 2015--
``(A) to carry out subsections (b) through (f),
$3,000,000; and
``(B) to carry out subsection (g), $5,000,000, of
which $1,000,000 shall be used by each of the 5 Federal
agencies specified in subparagraphs (A) through (E) of
subsection (g)(1).
``(2) Administration costs.--Except with respect to funds
made available to carry out subsection (b), not more than 10
percent of the funds made available under paragraph (1) for a
fiscal year may be used to pay administrative costs incurred in
carrying out this section.
``(3) Availability.--Funds made available under this
subsection shall remain available until expended.
``(4) Available funding.--Nothing in this Act shall--
``(A) require the use of existing appropriations to
further the goals of the Comprehensive Action Plan; or
``(B) result in an expenditure to comply with the
Comprehensive Action Plan in the absence of available
funds.''.
SEC. 4. WATER INFRASTRUCTURE.
(a) In General.--Section 219(f) of the Water Resources Development
Act of 1992 (106 Stat. 4835; 113 Stat. 335-337; 114 Stat. 2763A-220-
221) is amended:
(1) by redesignating paragraphs (45) through (70) as
paragraphs (46) through (71), respectively; and
(2) by inserting after paragraph (44) the following:
``(45) Washington, district of columbia.--$150,000,000 for
implementation of a combined sewer overflow long term control
plan, Washington, District of Columbia.''
(b) Anacostia River Environmental Restoration and Protection
Program.--
(1) Establishment.--
(A) In general.--The Secretary of the Army, acting
through the Chief of Engineers, shall establish a
program to provide environmental assistance to non-
Federal interests in the Anacostia River Basin.
(B) Form.--The assistance shall be in the form of
design and construction assistance for water-related
environmental infrastructure and resource protection
and development projects affecting the Anacostia River,
including low-impact development and other projects--
(i) to alleviate adverse water quality
impacts resulting from storm water discharges;
(ii) to provide for sediment and erosion
control;
(iii) to protect eroding shorelines;
(iv) to protect essential public works;
(v) to provide wastewater treatment and
related facilities;
(vi) to protect water supply and related
facilities;
(vii) to encourage beneficial uses of
dredged material; and
(viii) to enhance the water quality and
living resources of the watershed.
(2) Cost sharing.--
(A) Federal share.--Except as provided in
subparagraph (B)(ii), the Federal share of the total
project costs of each local cooperation agreement
entered into under this section shall be 75 percent.
(B) Non-federal share.--
(i) In general.--The non-Federal share of
the cost of projects under this section shall
include land, easements, rights-of-way, and
relocations and disposal areas, and may include
services, up to 100 percent of the non-Federal
share.
(ii) Operation and maintenance costs.--The
non-Federal share of the costs of operation and
maintenance of activities carried out under an
agreement under this section shall be 100
percent.
(C) Authorization of appropriations.--There is
authorized to be appropriated to carry out this section
$20,000,000.
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