19–006 

112TH CONGRESS REPT. 112–245 " ! HOUSE OF REPRESENTATIVES 1st Session Part 1 

CHESAPEAKE BAY ACCOUNTABILITY AND RECOVERY ACT 

OF 2011 

OCTOBER 14, 2011.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. HASTINGS of Washington, from the Committee on Natural 

Resources, submitted the following 

R E P O R T 

[To accompany H.R. 258] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 258) to require the Office of Management and Budget to 

prepare a crosscut budget for restoration activities in the Chesapeake Bay watershed, to require the Environmental Protection 

Agency to develop and implement an adaptive management plan, 

and for other purposes, having considered the same, report favorably thereon with an amendment and recommend that the bill as 

amended do pass. 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Chesapeake Bay Accountability and Recovery Act 

of 2011’’. 

SEC. 2. CHESAPEAKE BAY CROSSCUT BUDGET. 

(a) CROSSCUT BUDGET.—The Director, in consultation with the Chesapeake Executive Council, the chief executive of each Chesapeake Bay State, and the Chesapeake 

Bay Commission, shall submit to Congress a financial report containing— 

(1) an interagency crosscut budget that displays— 

(A) the proposed funding for any Federal restoration activity to be carried 

out in the succeeding fiscal year, including any planned interagency or 

intra-agency transfer, for each of the Federal agencies that carry out restoration activities; 

(B) to the extent that information is available, the estimated funding for 

any State restoration activity to be carried out in the succeeding fiscal year; 

(C) all expenditures for Federal restoration activities from the preceding 

2 fiscal years, the current fiscal year, and the succeeding fiscal year; and 


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(D) all expenditures, to the extent that information is available, for State 

restoration activities during the equivalent time period described in subparagraph (C); 

(2) a detailed accounting of all funds received and obligated by all Federal 

agencies for restoration activities during the current and preceding fiscal years, 

including the identification of funds which were transferred to a Chesapeake 

Bay State for restoration activities; 

(3) to the extent that information is available, a detailed accounting from each 

State of all funds received and obligated from a Federal agency for restoration 

activities during the current and preceding fiscal years; and 

(4) a description of each of the proposed Federal and State restoration activities to be carried out in the succeeding fiscal year (corresponding to those activities listed in subparagraphs (A) and (B) of paragraph (1)), including the— 

(A) project description; 

(B) current status of the project; 

(C) Federal or State statutory or regulatory authority, programs, or responsible agencies; 

(D) authorization level for appropriations; 

(E) project timeline, including benchmarks; 

(F) references to project documents; 

(G) descriptions of risks and uncertainties of project implementation; 

(H) adaptive management actions or framework; 

(I) coordinating entities; 

(J) funding history; 

(K) cost-sharing; and 

(L) alignment with existing Chesapeake Bay Agreement and Chesapeake 

Executive Council goals and priorities. 

(b) MINIMUM FUNDING LEVELS.—The Director shall only describe restoration activities in the report required under subsection (a) that— 

(1) for Federal restoration activities, have funding amounts greater than or 

equal to $100,000; and 

(2) for State restoration activities, have funding amounts greater than or 

equal to $50,000. 

(c) DEADLINE.—The Director shall submit to Congress the report required by subsection (a) not later than 30 days after the submission by the President of the President’s annual budget to Congress. 

(d) REPORT.—Copies of the financial report required by subsection (a) shall be submitted to the Committees on Appropriations, Natural Resources, Energy and Commerce, and Transportation and Infrastructure of the House of Representatives and 

the Committees on Appropriations, Environment and Public Works, and Commerce, 

Science, and Transportation of the Senate. 

(e) EFFECTIVE DATE.—This section shall apply beginning with the first fiscal year 

after the date of enactment of this Act for which the President submits a budget 

to Congress. 

SEC. 3. ADAPTIVE MANAGEMENT PLAN. 

(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, 

the Administrator, in consultation with other Federal and State agencies, shall develop an adaptive management plan for restoration activities in the Chesapeake Bay 

watershed that includes— 

(1) definition of specific and measurable objectives to improve water quality, 

habitat, and fisheries; 

(2) a process for stakeholder participation; 

(3) monitoring, modeling, experimentation, and other research and evaluation 

practices; 

(4) a process for modification of restoration activities that have not attained 

or will not attain the specific and measurable objectives set forth under paragraph (1); and 

(5) a process for prioritizing restoration activities and programs to which 

adaptive management shall be applied. 

(b) IMPLEMENTATION.—The Administrator shall implement the adaptive management plan developed under subsection (a). 

(c) UPDATES.—The Administrator shall update the adaptive management plan developed under subsection (a) every 2 years. 

(d) REPORT TO CONGRESS.— 

(1) IN GENERAL.—Not later than 60 days after the end of a fiscal year, the 

Administrator shall transmit to Congress an annual report on the implementation of the adaptive management plan required under this section for such fiscal 

year. 


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(2) CONTENTS.—The report required under paragraph (1) shall contain information about the application of adaptive management to restoration activities 

and programs, including programmatic and project level changes implemented 

through the process of adaptive management. 

(3) EFFECTIVE DATE.—Paragraph (1) shall apply to the first fiscal year that 

begins after the date of enactment of this Act. 

(e) INCLUSION OF PLAN IN ANNUAL ACTION PLAN AND ANNUAL PROGRESS REPORT.—The Administrator shall ensure that the Annual Action Plan and Annual 

Progress Report required by section 205 of Executive Order 13508 includes the 

adaptive management plan outlined in subsection (a). 

SEC. 4. INDEPENDENT EVALUATOR FOR THE CHESAPEAKE BAY PROGRAM. 

(a) IN GENERAL.—There shall be an Independent Evaluator for restoration activities in the Chesapeake Bay watershed, who shall review and report on restoration 

activities and the use of adaptive management in restoration activities, including on 

such related topics as are suggested by the Chesapeake Executive Council. 

(b) APPOINTMENT.— 

(1) IN GENERAL.—The Independent Evaluator shall be appointed by the Administrator from among nominees submitted by the Chesapeake Executive 

Council. 

(2) NOMINATIONS.—The Chesapeake Executive Council may submit to the Administrator 4 nominees for appointment to any vacancy in the office of the Independent Evaluator. 

(c) REPORTS.—The Independent Evaluator shall submit a report to the Congress 

every 2 years in the findings and recommendations of reviews under this section. 

(d) CHESAPEAKE EXECUTIVE COUNCIL.—In this section, the term ‘‘Chesapeake Executive Council’’ has the meaning given that term by section 307 of the National 

Oceanic and Atmospheric Administration Authorization Act of 1992 (Public Law 

102–567; 15 U.S.C. 1511d). 

SEC. 5. DEFINITIONS. 

In this Act, the following definitions apply: 

(1) ADAPTIVE MANAGEMENT.—The term ‘‘adaptive management’’ means a type 

of natural resource management in which project and program decisions are 

made as part of an ongoing science-based process. Adaptive management involves testing, monitoring, and evaluating applied strategies and incorporating 

new knowledge into programs and restoration activities that are based on scientific findings and the needs of society. Results are used to modify management policy, strategies, practices, programs, and restoration activities. 

(2) ADMINISTRATOR.—The term ‘‘Administrator’’ means the Administrator of 

the Environmental Protection Agency. 

(3) CHESAPEAKE BAY STATE.—The term ‘‘Chesapeake Bay State’’ or ‘‘State’’ 

means the States of Maryland, West Virginia, Delaware, and New York, the 

Commonwealths of Virginia and Pennsylvania, and the District of Columbia. 

(4) CHESAPEAKE BAY WATERSHED.—The term ‘‘Chesapeake Bay watershed’’ 

means the Chesapeake Bay and the geographic area, as determined by the Secretary of the Interior, consisting of 36 tributary basins, within the Chesapeake 

Bay States, through which precipitation drains into the Chesapeake Bay. 

(5) CHIEF EXECUTIVE.—The term ‘‘chief executive’’ means, in the case of a 

State or Commonwealth, the Governor of each such State or Commonwealth 

and, in the case of the District of Columbia, the Mayor of the District of Columbia. 

(6) DIRECTOR.—The term ‘‘Director’’ means the Director of the Office of Management and Budget. 

(7) RESTORATION ACTIVITIES.—The term ‘‘restoration activities’’ means any 

Federal or State programs or projects that directly or indirectly protect, conserve, or restore living resources, habitat, water resources, or water quality in 

the Chesapeake Bay watershed, including programs or projects that promote responsible land use, stewardship, and community engagement in the Chesapeake 

Bay watershed. Restoration activities may be categorized as follows: 

(A) Physical restoration. 

(B) Planning. 

(C) Feasibility studies. 

(D) Scientific research. 

(E) Monitoring. 

(F) Education. 

(G) Infrastructure Development. 


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PURPOSE OF THE BILL

The purpose of H.R. 258, as ordered reported, is to require the 

Office of Management and Budget to prepare a crosscut budget for 

restoration activities in the Chesapeake Bay watershed, and to require the Environmental Protection Agency to develop and implement an adaptive management plan. 

BACKGROUND AND NEED FOR LEGISLATION

The Chesapeake Bay supports more than 3,600 species of fish, 

plants and wildlife, and as one of the largest estuaries in the world, 

it generates more than $1 billion in economic activity. 

A number of federal agencies are involved in restoration activities in and around the Chesapeake Bay including the National Oceanic and Atmospheric Administration, the U.S. Fish and Wildlife 

Service, the Environmental Protection Agency (EPA), the National 

Park Service, the U.S. Geological Survey, the U.S. Department of 

Agriculture, and the U.S. Army Corps of Engineers. Because multiple federal and State agencies take part in various aspects of 

Chesapeake Bay restoration, coordination on projects and funding 

is not always apparent. In addition, while millions of tax dollars 

have been spent to improve the quality of the Bay, these funds are 

distributed among many agencies and departments. According to 

the Fiscal Year 2011 Action Plan, federal funding totals as much 

as $490 million in Fiscal Year 2011 alone. The many federal and 

State Chesapeake Bay restoration programs lack a single comprehensive reporting system for the funding of these activities. This 

legislation would bring transparency to federal funding of all restoration activities, and would institute measurable objectives to ensure that both federal and State dollars spent on restoration are 

producing positive results. 

The primary components of H.R. 258 are: (1) a requirement that 

a cross-cut budget be submitted to Congress; (2) a requirement that 

EPA, in consultation with other federal and State agencies, develop 

an adaptive management plan for restoration activities; and (3) a 

requirement for the appointment of an independent evaluator to review restoration activities and to report to Congress. 

While some of the objectives of H.R. 258 are included in Executive Order 13508 on Chesapeake Bay Protection and Restoration, 

issued in May 2009, progress has been slow, and EPA has not implemented the requirements of the Executive Order. In addition, 

H.R. 258 would codify the requirement for a cross-cut budget. 

While the Executive Order contains a similar budget requirement, 

Administration budget requests still do not provide adequate transparency, and the Executive Order does not require that the crosscut budget requests be submitted to Congress. 

COMMITTEE ACTION

H.R. 258 was introduced on January 7, 2011, by Congressman 

Rob Wittman (R–VA). The bill was referred primarily to the Committee on Natural Resources, and within the Committee to the 

Subcommittee on Fisheries, Wildlife, Oceans, and Insular Affairs. 

The bill was also referred to the Committee on Transportation and 

Infrastructure. On April 7, 2011, the Subcommittee on Fisheries, 

Wildlife, Oceans, and Insular Affairs held a hearing on the bill. On 


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July 20, 2011, the Full Resources Committee met to consider the 

bill. The Subcommittee on Fisheries, Wildlife, Oceans, and Insular 

Affairs was discharged by unanimous consent. Congressman Rob 

Wittman (R–VA) offered an amendment; the amendment was 

adopted by unanimous consent. The bill, as amended, was ordered 

favorably reported to the House of Representatives by unanimous 

consent. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

The short title of the Act is the ‘‘Chesapeake Bay Accountability 

and Recovery Act of 2011.’’ 

Section 2. Chesapeake Bay crosscut budget 

Section 2 requires the Director of the Office of Management and 

Budget, in consultation with the Chesapeake Bay Council, the chief 

executive of each of the Chesapeake Bay States and the Chesapeake Bay Commission, to submit a financial report to Congress, 

no later than 30 days after the President submits his annual budget request, which contains a crosscutting budget. This budget 

should display: the proposed funding for any federal restoration activity (equal or greater than $100,000) for each federal agency for 

the succeeding year; to the extent the information is available, an 

estimated funding for State restoration activities (equal or greater 

than $50,000) for the succeeding year; all federal restoration expenditures from the preceding two years, the current year and the 

succeeding year; and all expenditures for State restoration activities during the preceding two years, the current year and the succeeding year. 

The Director is also required to submit to Congress a detailed accounting of all funds received and obligated by all federal agencies 

for restoration activities during the current and preceding years, 

including funds that were transferred to a Chesapeake Bay State 

for restoration activities. 

The report must also contain, to the extent the information is 

available, a detailed accounting from each State of all funds received and obligated from a federal agency for restoration activities 

during the current and preceding years. 

The report must contain a description of each proposed federal 

and State restoration activity to be carried out in the succeeding 

year and include: a project description; the current status of the 

project; the federal, State statutory or regulatory authority, program or responsible agencies; authorization levels for appropriations; project time lines including benchmarks; references to project 

documents; descriptions of risks and uncertainties of project implementation; adaptive management actions or frameworks; coordinating entities; funding history; and alignment with the Chesapeake Bay Agreement and the Chesapeake Bay Executive Council 

goals and priorities. 

Section 3. Adaptive management plan 

Section 3 requires the EPA Administrator, in consultation with 

other federal and State agencies, to develop an adaptive management plan for the Chesapeake Bay Program and restoration activiVerDate Mar 15 2010 06:09 Oct 15, 2011 Jkt 019006 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\HR245P1.XXX HR245P1

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ties that includes: definitions of specific and measurable objectives 

to improve water quality, habitat and fisheries; a process for stake 

holder involvement; monitoring, modeling, experimentation and 

other research and evaluation practices; a process for the modification of restoration activities that have not met objectives; and a 

process for prioritizing restoration activities to which adaptive 

management shall be applied. 

This section also requires that the Administrator implement the 

adaptive management plan using the criteria cited above and requires the Administrator to update the adaptive management plan 

every two years. 

Further, this section requires the Administrator to report to Congress, no later than 60 days after the end of each fiscal year, on 

the implementation of the adaptive management plan and any programmatic and project level changes implemented through the 

adaptive management plan. 

Section 4. Independent evaluator for the Chesapeake Bay program 

Section 4 requires that an Independent Evaluator be appointed 

by the EPA Administrator from among nominees submitted by the 

Chesapeake Bay Executive Council. The Independent Evaluator 

shall review and report on restoration activities, the use of adaptive management in restoration activities, and on other related topics suggested by the Chesapeake Bay Executive Council. 

This section also requires the Independent Evaluator to submit 

a report to Congress every two years on the findings and recommendations. 

Section 5. Definitions 

Section 5 adds definitions of ‘‘adaptive management,’’ ‘‘Administrator,’’ ‘‘Chesapeake Bay State,’’ ‘‘Chesapeake Bay watershed,’’ 

‘‘chief executive,’’ ‘‘Director,’’ and ‘‘restoration activities.’’ 

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on 

Natural Resources’ oversight findings and recommendations are reflected in the body of this report. 

COMPLIANCE WITH HOUSE RULE XIII

1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the Rules of 

the House of Representatives requires an estimate and a comparison by the Committee of the costs which would be incurred in carrying out this bill. However, clause 3(d)(2)(B) of that rule provides 

that this requirement does not apply when the Committee has included in its report a timely submitted cost estimate of the bill prepared by the Director of the Congressional Budget Office under section 402 of the Congressional Budget Act of 1974. Under clause 

3(c)(3) of rule XIII of the Rules of the House of Representatives and 

section 403 of the Congressional Budget Act of 1974, the Committee has received the following cost estimate for this bill from the 

Director of the Congressional Budget Office: 


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H.R. 258—Chesapeake Bay Accountability and Recovery Act of 2011 

H.R. 258 would require the Environmental Protection Agency 

(EPA) to develop, no later than one year after the bill’s enactment, 

a management plan for the Chesapeake Bay Program and restoration activities related to the bay. EPA would be required to update 

the management plan every two years. The legislation would require new financial reports on the Chesapeake Bay Program from 

the Office of Management and Budget and would require EPA to 

appoint an independent evaluator, who would review and report to 

the Congress on the plan. 

Based on information from EPA, CBO estimates that implementing this legislation would cost about $1 million annually over 

the 2012–2016 period, subject to the availability of appropriated 

funds. Enacting the bill would not affect direct spending or receipts; therefore, pay-as-you-go procedures do not apply. 

H.R. 258 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

impose no costs on state, local, or tribal governments. 

The CBO staff contact for this estimate is Susanne S. Mehlman. 

This estimate was approved by Theresa Gullo, Deputy Assistant 

Director for Budget Analysis. 

2. Section 308(a) of Congressional Budget Act. As required by 

clause 3(c)(2) of rule XIII of the Rules of the House of Representatives and section 308(a) of the Congressional Budget Act of 1974, 

this bill does not contain any new credit authority, or an increase 

or decrease in revenues or tax expenditures. Based on information 

from the Environmental Protection Agency, CBO estimates that 

implementing this legislation would cost about $1 million annually 

over the 2012–2016 period, subject to the availability of appropriated funds. Enacting the bill would not affect direct spending or 

receipts; therefore, pay-as-you-go procedures do not apply. 

3. General Performance Goals and Objectives. This bill does not 

authorize funding and therefore, clause 3(c)(4) of rule XIII of the 

Rules of the House of Representatives does not apply. 

EARMARK STATEMENT

This bill does not contain any Congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined under clause 9(e), 

9(f), and 9(g) of rule XXI of the Rules of the House of Representatives. 

COMPLIANCE WITH PUBLIC LAW 104–4

This bill contains no unfunded mandates. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law. 

CHANGES IN EXISTING LAW

If enacted, this bill would make no changes in existing law. 


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