II 

113TH CONGRESS 

1ST SESSION S. 1000 

To require the Director of the Office of Management and Budget to prepare 

a crosscut budget for restoration activities in the Chesapeake Bay watershed, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 21, 2013 

Mr. WARNER introduced the following bill; which was read twice and referred 

to the Committee on Environment and Public Works 

A BILL 

To require the Director of the Office of Management and 

Budget to prepare a crosscut budget for restoration activities in the Chesapeake Bay watershed, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Chesapeake Bay Ac5 countability and Recovery Act of 2013’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) ADAPTIVE MANAGEMENT.—The term 

2 ‘‘adaptive management’’ means a type of natural re3 source management in which project and program 

4 decisions are made as part of an ongoing science5 based process that— 

6 (A) includes testing, monitoring, and eval7 uating applied strategies and incorporating new 

8 knowledge into programs and restoration activi9 ties that are based on scientific findings and 

10 the needs of society; and 

11 (B) uses the results of activities described 

12 in subparagraph (A) to modify management 

13 policies, strategies, practices, programs, and 

14 restoration activities. 

15 (2) ADMINISTRATOR.—The term ‘‘Adminis16 trator’’ means the Administrator of the Environ17 mental Protection Agency. 

18 (3) CHESAPEAKE BAY STATE.—The term 

19 ‘‘Chesapeake Bay State’’ or ‘‘State’’ mean any of— 

20 (A) the States of Maryland, West Virginia, 

21 Delaware, and New York; 

22 (B) the Commonwealths of Virginia and 

23 Pennsylvania; and 

24 (C) the District of Columbia. 


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1 (4) CHESAPEAKE BAY WATERSHED.—The term 

2 ‘‘Chesapeake Bay watershed’’ means the Chesapeake 

3 Bay and the geographic area within the Chesapeake 

4 Bay States, consisting of 36 tributary basins, 

5 through which precipitation drains into the Chesa6 peake Bay, as determined by the Secretary of the 

7 Interior. 

8 (5) CHESAPEAKE EXECUTIVE COUNCIL.—The 

9 term ‘‘Chesapeake Executive Council’’ has the mean10 ing given the term by section 307 of the National 

11 Oceanic and Atmospheric Administration Authoriza12 tion Act of 1992 (15 U.S.C. 1511d). 

13 (6) CHIEF EXECUTIVE.—The term ‘‘chief exec14 utive’’ means, in the case of a State or Common15 wealth, the Governor of the State or Commonwealth 

16 and, in the case of the District of Columbia, the 

17 Mayor of the District of Columbia. 

18 (7) DIRECTOR.—The term ‘‘Director’’ means 

19 the Director of the Office of Management and Budg20 et. 

21 (8) RESTORATION ACTIVITIES.— 

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

23 activity’’ means any Federal or State program 

24 or project that directly or indirectly protects, 

25 conserves, or restores living resources, habitat, 


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1 water resources, or water quality in the Chesa2 peake Bay watershed, including programs or 

3 projects that promote responsible land use, 

4 stewardship, and community engagement in the 

5 Chesapeake Bay watershed. 

6 (B) INCLUSIONS.—The term ‘‘restoration 

7 activity’’ includes any one or more of the fol8 lowing: 

9 (i) Physical restoration. 

10 (ii) Planning. 

11 (iii) Feasibility studies. 

12 (iv) Scientific research. 

13 (v) Monitoring. 

14 (vi) Education. 

15 (vii) Infrastructure Development. 

16 SEC. 3. CHESAPEAKE BAY CROSSCUT BUDGET. 

17 (a) CROSSCUT BUDGET.—The Director, in consulta18 tion with the Chesapeake Executive Council, the chief ex19 ecutive of each Chesapeake Bay State, and the Chesa20 peake Bay Commission, shall annually submit to Congress 

21 a financial report containing— 

22 (1) an interagency crosscut budget that dis23 plays— 

24 (A) the proposed funding for any Federal 

25 restoration activity to be carried out in the sucVerDate Mar 15 2010 16:47 May 30, 2013 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1000.IS S1000

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1 ceeding fiscal year, including any planned inter2 agency or intra-agency transfer, for each Fed3 eral agency that carries out restoration activi4 ties; 

5 (B) to the extent that information is avail6 able, the estimated funding for any State res7 toration activity to be carried out in the suc8 ceeding fiscal year; 

9 (C) all expenditures for Federal restoration 

10 activities from the preceding 2 fiscal years, the 

11 current fiscal year, and the succeeding fiscal 

12 year; and 

13 (D) all expenditures, to the extent that in14 formation is available, for State restoration ac15 tivities during the equivalent time period de16 scribed in subparagraph (C); 

17 (2) a detailed accounting of all funds received 

18 and obligated by each Federal agency for restoration 

19 activities during the current and preceding fiscal 

20 years, including the identification of funds that were 

21 transferred to a Chesapeake Bay State for restora22 tion activities; 

23 (3) to the extent that information is available, 

24 a detailed accounting from each State of all funds 

25 received and obligated from a Federal agency for 


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1 restoration activities during the current and pre2 ceding fiscal years; and 

3 (4) a description of each of the proposed Fed4 eral and State restoration activities to be carried out 

5 in the succeeding fiscal year (corresponding to those 

6 activities listed in subparagraphs (A) and (B) of 

7 paragraph (1)), including— 

8 (A) the project description; 

9 (B) the current status of the project; 

10 (C) the Federal or State statutory or regu11 latory authority, program, or responsible agen12 cy; 

13 (D) the authorization level for appropria14 tions; 

15 (E) the project timeline, including bench16 marks; 

17 (F) references to project documents; 

18 (G) descriptions of risks and uncertainties 

19 of project implementation; 

20 (H) a description of the applicable adaptive 

21 management actions or framework; 

22 (I) a list of coordinating entities; 

23 (J) a description of the funding history for 

24 the project; 

25 (K) cost-sharing, if any; and 


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1 (L) alignment with existing Chesapeake 

2 Bay Agreement and Chesapeake Executive 

3 Council goals and priorities. 

4 (b) MINIMUM FUNDING LEVELS.—The Director shall 

5 only describe restoration activities in the report required 

6 under subsection (a) that— 

7 (1) for Federal restoration activities, have fund8 ing amounts greater than or equal to $100,000; and 

9 (2) for State restoration activities, have funding 

10 amounts greater than or equal to $50,000. 

11 (c) DEADLINE.—Not later than 30 days after the 

12 date on which the President submits the annual budget 

13 to Congress under section 1105 of title 31, United States 

14 Code, the Director shall submit to Congress the report re15 quired by subsection (a) to— 

16 (1) the Committees on Appropriations, Natural 

17 Resources, Energy and Commerce, and Transpor18 tation and Infrastructure of the House of Represent19 atives; and 

20 (2) the Committees on Appropriations, Environ21 ment and Public Works, and Commerce, Science, 

22 and Transportation of the Senate. 

23 (d) EFFECTIVE DATE.—This section shall apply be24 ginning with the first fiscal year after the date of enact25 ment of this Act for which the President submits a budget 


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1 to Congress under section 1105 of title 31, United States 

2 Code. 

3 SEC. 4. ADAPTIVE MANAGEMENT PLAN. 

4 (a) IN GENERAL.—Not later than 1 year after the 

5 date of enactment of this Act, the Administrator, in con6 sultation with appropriate Federal and State agencies, 

7 shall develop and implement an adaptive management 

8 plan for restoration activities in the Chesapeake Bay wa9 tershed that includes— 

10 (1) a definition of specific and measurable ob11 jectives to improve water quality, habitat, and fish12 eries; 

13 (2) a process for stakeholder participation; 

14 (3) monitoring, modeling, experimentation, and 

15 other research and evaluation practices; 

16 (4) a process for modification of restoration ac17 tivities that have not attained or will not attain the 

18 specific and measurable objectives set forth under 

19 paragraph (1); and 

20 (5) a process for prioritizing restoration activi21 ties and programs to which adaptive management 

22 shall be applied. 

23 (b) UPDATES.—The Administrator shall update the 

24 adaptive management plan developed under subsection (a) 

25 once every 2 years. 


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1 (c) REPORT TO CONGRESS.— 

2 (1) IN GENERAL.—Not later than 6 days after 

3 the end of each fiscal year, the Administrator shall 

4 submit to Congress a report on the implementation 

5 of the adaptive management plan required under 

6 this section for that fiscal year. 

7 (2) CONTENTS.—The report required under 

8 paragraph (1) shall contain information about the 

9 application of adaptive management to restoration 

10 activities and programs, including programmatic and 

11 project level changes implemented through the proc12 ess of adaptive management. 

13 (3) EFFECTIVE DATE.—Paragraph (1) shall 

14 apply to the first fiscal year that begins after the 

15 date of enactment of this Act. 

16 (d) INCLUSION OF PLAN IN ANNUAL ACTION PLAN

17 AND ANNUAL PROGRESS REPORT.—The Administrator 

18 shall ensure that the annual Chesapeake Bay Action Plan 

19 and Annual Progress Report required by section 205 of 

20 Executive Order 13508 (33 U.S.C. 1267 note; relating to 

21 Chesapeake Bay protection and restoration) includes the 

22 adaptive management plan outlined in subsection (a). 


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1 SEC. 5. INDEPENDENT EVALUATOR FOR THE CHESAPEAKE 

2 BAY PROGRAM. 

3 (a) IN GENERAL.—There shall be an Independent 

4 Evaluator for restoration activities in the Chesapeake Bay 

5 watershed, who shall review and report on— 

6 (1) restoration activities and the use of adaptive 

7 management in restoration activities; and 

8 (2) any related topics that are suggested by the 

9 Chesapeake Executive Council. 

10 (b) APPOINTMENT.— 

11 (1) IN GENERAL.—The Independent Evaluator 

12 shall be appointed by the Administrator from among 

13 nominees submitted by the Chesapeake Executive 

14 Council. 

15 (2) NOMINATIONS.—The Chesapeake Executive 

16 Council may submit to the Administrator 4 nomi17 nees for appointment to any vacancy in the office of 

18 the Independent Evaluator. 

19 (c) REPORTS.—Once every 2 years, the Independent 

20 Evaluator shall submit to Congress a report describing the 

21 review described in subsection (a). 

Æ 


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