Text: H.R.3622 — 108th Congress (2003-2004)All Information (Except Text)

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Introduced in House (11/21/2003)

 
[Congressional Bills 108th Congress]
[From the U.S. Government Printing Office]
[H.R. 3622 Introduced in House (IH)]







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 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 2003''.

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 under funded 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 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 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 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 of Columbia 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 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 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 of Columbia; 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 2004 through 2013 
                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; and
                    ``(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).
                    ``(H) conform to existing obligations under 
                Federal, State, and District regulations and statutes, 
                and judicial orders and consent decrees, 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 
                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 after 180 days after release of 
                        the comprehensive plan, the plan shall be 
                        deemed to be approved.
                    ``(B) Effect of approval.--Upon approval 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 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) a State, regional, or local water pollution 
                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, institution, 
                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 described in paragraph (1)--
                    ``(i) shall be provided from funds made available 
                under--
                            ``(I) this section; or
                            ``(II) the Water Resources Development Act 
                        1992 (Public Law 102-580); and
            ``(B) matching funds to carry out a project described in 
        paragraph (1) 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 2004 
        through 2013--
                    ``(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 require 
        the use of existing appropriations to further the goals of the 
        Comprehensive Action Plan, and nothing in this Act shall result 
        in an expenditure to comply with the Comprehensive Action Plan 
        in the absence of available funds.''.

SEC. 4. WATER INFRASTRUCTURE.

     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.''

SEC. 5. ANACOSTIA RIVER ENVIRONMENTAL RESTORATION AND PROTECTION 
              PROGRAM.

    (a) Establishment.--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. 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 to alleviate adverse water 
quality impacts resulting from storm water discharges, sediment and 
erosion control, protection of eroding shorelines, protection of 
essential public works, wastewater treatment and related facilities, 
water supply and related facilities, and beneficial uses of dredged 
material, and other related projects that may enhance the water quality 
and living resources of the watershed.
    (b) Cost Sharing.--
            (1) Federal share.--Except as provided in paragraph (2)(B), 
        the Federal share of the total project costs of each local 
        cooperation agreement entered into under this section shall be 
        75 percent.
            (2) Non-federal share.--
                    (A) In general.--The non-Federal share of the cost 
                of projects under this section shall include lands, 
                easements, rights of way, relocations and disposal 
                areas and may include services up to 100 percent of the 
                non-Federal share.
                    (B) 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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