IB 

Union Calendar No. 335 

113TH CONGRESS 

2D SESSION H. R. 739 

[Report No. 113–453, Part I] 

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. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 14, 2013 

Mr. WITTMAN introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on Transportation and Infrastructure, for a period to be subsequently determined 

by the Speaker, in each case for consideration of such provisions as fall 

within the jurisdiction of the committee concerned 

MAY 19, 2014 

Additional sponsors: Mr. RIGELL, Mr. MORAN, Mr. WOLF, Mr. VAN HOLLEN, 

Mr. SCOTT of Virginia, and Mr. CONNOLLY

MAY 19, 2014 

Reported from the Committee on Natural Resources 

MAY 19, 2014 

The Committee on Transportation and Infrastructure discharged; committed 

to the Committee of the Whole House on the State of the Union and ordered to be printed 


emcdonald on DSK67QTVN1PROD with BILLS
2 

•HR 739 RH

A BILL 

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. 


emcdonald on DSK67QTVN1PROD with BILLS
3 

•HR 739 RH

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. CHESAPEAKE BAY CROSSCUT BUDGET. 

7 (a) CROSSCUT BUDGET.—The Director, in consulta8 tion with the Chesapeake Executive Council, the chief ex9 ecutive of each Chesapeake Bay State, and the Chesa10 peake Bay Commission, shall submit to Congress a finan11 cial report containing— 

12 (1) an interagency crosscut budget that dis13 plays— 

14 (A) the proposed funding for any Federal 

15 restoration activity to be carried out in the suc16 ceeding fiscal year, including any planned inter17 agency or intra-agency transfer, for each of the 

18 Federal agencies that carry out restoration ac19 tivities; 

20 (B) to the extent that information is avail21 able, the estimated funding for any State res22 toration activity to be carried out in the suc23 ceeding fiscal year; 

24 (C) all expenditures for Federal restoration 

25 activities from the preceding 2 fiscal years, the 


emcdonald on DSK67QTVN1PROD with BILLS
4 

•HR 739 RH

1 current fiscal year, and the succeeding fiscal 

2 year; and 

3 (D) all expenditures, to the extent that in4 formation is available, for State restoration ac5 tivities during the equivalent time period de6 scribed in subparagraph (C); 

7 (2) a detailed accounting of all funds received 

8 and obligated by all Federal agencies for restoration 

9 activities during the current and preceding fiscal 

10 years, including the identification of funds which 

11 were transferred to a Chesapeake Bay State for res12 toration activities; 

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

14 a detailed accounting from each State of all funds 

15 received and obligated from a Federal agency for 

16 restoration activities during the current and pre17 ceding fiscal years; and 

18 (4) a description of each of the proposed Fed19 eral and State restoration activities to be carried out 

20 in the succeeding fiscal year (corresponding to those 

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

22 paragraph (1)), including the— 

23 (A) project description; 

24 (B) current status of the project; 


emcdonald on DSK67QTVN1PROD with BILLS
5 

•HR 739 RH

1 (C) Federal or State statutory or regu2 latory authority, programs, or responsible agen3 cies; 

4 (D) authorization level for appropriations; 

5 (E) project timeline, including benchmarks; 

6 (F) references to project documents; 

7 (G) descriptions of risks and uncertainties 

8 of project implementation; 

9 (H) adaptive management actions or 

10 framework; 

11 (I) coordinating entities; 

12 (J) funding history; 

13 (K) cost-sharing; and 

14 (L) alignment with existing Chesapeake 

15 Bay Agreement and Chesapeake Executive 

16 Council goals and priorities. 

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

18 only describe restoration activities in the report required 

19 under subsection (a) that— 

20 (1) for Federal restoration activities, have fund21 ing amounts greater than or equal to $100,000; and 

22 (2) for State restoration activities, have funding 

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

24 (c) DEADLINE.—The Director shall submit to Con25 gress the report required by subsection (a) not later than 


emcdonald on DSK67QTVN1PROD with BILLS
6 

•HR 739 RH

1 30 days after the submission by the President of the Presi2 dent’s annual budget to Congress. 

3 (d) REPORT.—Copies of the financial report required 

4 by subsection (a) shall be submitted to the Committees 

5 on Appropriations, Natural Resources, Energy and Com6 merce, and Transportation and Infrastructure of the 

7 House of Representatives and the Committees on Appro8 priations, Environment and Public Works, and Commerce, 

9 Science, and Transportation of the Senate. 

10 (e) EFFECTIVE DATE.—This section shall apply be11 ginning with the first fiscal year after the date of enact12 ment of this Act for which the President submits a budget 

13 to Congress. 

14 SEC. 3. ADAPTIVE MANAGEMENT PLAN. 

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

16 date of enactment of this Act, the Administrator, in con17 sultation with other Federal and State agencies, shall de18 velop an adaptive management plan for restoration activi19 ties in the Chesapeake Bay watershed that includes— 

20 (1) definition of specific and measurable objec21 tives to improve water quality, habitat, and fisheries; 

22 (2) a process for stakeholder participation; 

23 (3) monitoring, modeling, experimentation, and 

24 other research and evaluation practices; 


emcdonald on DSK67QTVN1PROD with BILLS
7 

•HR 739 RH

1 (4) a process for modification of restoration ac2 tivities that have not attained or will not attain the 

3 specific and measurable objectives set forth under 

4 paragraph (1); and 

5 (5) a process for prioritizing restoration activi6 ties and programs to which adaptive management 

7 shall be applied. 

8 (b) IMPLEMENTATION.—The Administrator shall im9 plement the adaptive management plan developed under 

10 subsection (a). 

11 (c) UPDATES.—The Administrator shall update the 

12 adaptive management plan developed under subsection (a) 

13 every 2 years. 

14 (d) REPORT TO CONGRESS.— 

15 (1) IN GENERAL.—Not later than 60 days after 

16 the end of a fiscal year, the Administrator shall 

17 transmit to Congress an annual report on the imple18 mentation of the adaptive management plan required 

19 under this section for such fiscal year. 

20 (2) CONTENTS.—The report required under 

21 paragraph (1) shall contain information about the 

22 application of adaptive management to restoration 

23 activities and programs, including programmatic and 

24 project level changes implemented through the proc25 ess of adaptive management. 


emcdonald on DSK67QTVN1PROD with BILLS
8 

•HR 739 RH

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

2 apply to the first fiscal year that begins after the 

3 date of enactment of this Act. 

4 (e) INCLUSION OF PLAN IN ANNUAL ACTION PLAN

5 AND ANNUAL PROGRESS REPORT.—The Administrator 

6 shall ensure that the Annual Action Plan and Annual 

7 Progress Report required by section 205 of Executive 

8 Order 13508 includes the adaptive management plan out9 lined in subsection (a). 

10 SEC. 4. INDEPENDENT EVALUATOR FOR THE CHESAPEAKE 

11 BAY PROGRAM. 

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

13 Evaluator for restoration activities in the Chesapeake Bay 

14 watershed, who shall review and report on restoration ac15 tivities and the use of adaptive management in restoration 

16 activities, including on such related topics as are suggested 

17 by the Chesapeake Executive Council. 

18 (b) APPOINTMENT.— 

19 (1) IN GENERAL.—The Independent Evaluator 

20 shall be appointed by the Administrator from among 

21 nominees submitted by the Chesapeake Executive 

22 Council. 

23 (2) NOMINATIONS.—The Chesapeake Executive 

24 Council may submit to the Administrator 4 nomiVerDate Mar 15 2010 21:25 May 19, 2014 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H739.RH H739

emcdonald on DSK67QTVN1PROD with BILLS
9 

•HR 739 RH

1 nees for appointment to any vacancy in the office of 

2 the Independent Evaluator. 

3 (c) REPORTS.—The Independent Evaluator shall sub4 mit a report to the Congress every 2 years in the findings 

5 and recommendations of reviews under this section. 

6 (d) CHESAPEAKE EXECUTIVE COUNCIL.—In this sec7 tion, the term ‘‘Chesapeake Executive Council’’ has the 

8 meaning given that term by section 307 of the National 

9 Oceanic and Atmospheric Administration Authorization 

10 Act of 1992 (Public Law 102–567; 15 U.S.C. 1511d). 

11 SEC. 5. DEFINITIONS. 

12 In this Act, the following definitions apply: 

13 (1) ADAPTIVE MANAGEMENT.—The term 

14 ‘‘adaptive management’’ means a type of natural re15 source management in which project and program 

16 decisions are made as part of an ongoing science17 based process. Adaptive management involves test18 ing, monitoring, and evaluating applied strategies 

19 and incorporating new knowledge into programs and 

20 restoration activities that are based on scientific 

21 findings and the needs of society. Results are used 

22 to modify management policy, strategies, practices, 

23 programs, and restoration activities. 


emcdonald on DSK67QTVN1PROD with BILLS
10 

•HR 739 RH

1 (2) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the Environ3 mental Protection Agency. 

4 (3) CHESAPEAKE BAY STATE.—The term 

5 ‘‘Chesapeake Bay State’’ or ‘‘State’’ means the 

6 States of Maryland, West Virginia, Delaware, and 

7 New York, the Commonwealths of Virginia and 

8 Pennsylvania, and the District of Columbia. 

9 (4) CHESAPEAKE BAY WATERSHED.—The term 

10 ‘‘Chesapeake Bay watershed’’ means the Chesapeake 

11 Bay and the geographic area, as determined by the 

12 Secretary of the Interior, consisting of 36 tributary 

13 basins, within the Chesapeake Bay States, through 

14 which precipitation drains into the Chesapeake Bay. 

15 (5) CHIEF EXECUTIVE.—The term ‘‘chief exec16 utive’’ means, in the case of a State or Common17 wealth, the Governor of each such State or Common18 wealth and, in the case of the District of Columbia, 

19 the Mayor of the District of Columbia. 

20 (6) DIRECTOR.—The term ‘‘Director’’ means 

21 the Director of the Office of Management and Budg22 et. 

23 (7) RESTORATION ACTIVITIES.—The term ‘‘res24 toration activities’’ means any Federal or State pro25 grams or projects that directly or indirectly protect, 


emcdonald on DSK67QTVN1PROD with BILLS
11 

•HR 739 RH

1 conserve, or restore living resources, habitat, water 

2 resources, or water quality in the Chesapeake Bay 

3 watershed, including programs or projects that pro4 mote responsible land use, stewardship, and commu5 nity engagement in the Chesapeake Bay watershed. 

6 Restoration activities may be categorized as follows: 

7 (A) Physical restoration. 

8 (B) Planning. 

9 (C) Feasibility studies. 

10 (D) Scientific research. 

11 (E) Monitoring. 

12 (F) Education. 

13 (G) Infrastructure Development. 


emcdonald on DSK67QTVN1PROD with BILLS
Union Calendar No. 335 

113TH CONGRESS 

2D SESSION H. R. 739 

[Report No. 113–453, Part I] 

A BILL 

To require the Office of Management and Budget 

plan, and for other purposes. develop and implement an adaptive management quire the Environmental Protection Agency to tivities in the Chesapeake Bay watershed, to reto prepare a crosscut budget for restoration acMAY 19, 2014 

Reported from the Committee on Natural Resources 

MAY 19, 2014 

The Committee on Transportation and Infrastructure 

printed House on the State of the Union and ordered to be discharged; committed to the Committee of the Whole 


emcdonald on DSK67QTVN1PROD with BILLS