IB 

Union Calendar No. 161 

112TH CONGRESS 

1ST SESSION H. R. 258 

[Report No. 112–245, 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 

JANUARY 7, 2011 

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 

OCTOBER 14, 2011 

Additional sponsors: Mr. MORAN, Mr. SARBANES, Mr. RIGELL, Mr. 

CONNOLLY of Virginia, Mr. GERLACH, Mr. GOODLATTE, and Mr. WOLF

OCTOBER 14, 2011 

Reported from the Committee on Natural Resources with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

OCTOBER 14, 2011 

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 

[For text of introduced bill, see copy of bill as introduced on January 7, 2011] 


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•HR 258 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. 


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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 2011’’. 

6 SEC. 2. CHESAPEAKE BAY CROSSCUT BUDGET. 

7 (a) CROSSCUT BUDGET.—The Director, in consulta8 tion with the Chesapeake Executive Council, the chief execu9 tive of each Chesapeake Bay State, and the Chesapeake Bay 

10 Commission, shall submit to Congress a financial report 

11 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 


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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, a 

14 detailed accounting from each State of all funds re15 ceived and obligated from a Federal agency for res16 toration activities during the current and preceding 

17 fiscal years; and 

18 (4) a description of each of the proposed Federal 

19 and State restoration activities to be carried out in 

20 the succeeding fiscal year (corresponding to those ac21 tivities listed in subparagraphs (A) and (B) of para22 graph (1)), including the— 

23 (A) project description; 

24 (B) current status of the project; 


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1 (C) Federal or State statutory or regulatory 

2 authority, programs, or responsible agencies; 

3 (D) authorization level for appropriations; 

4 (E) project timeline, including benchmarks; 

5 (F) references to project documents; 

6 (G) descriptions of risks and uncertainties 

7 of project implementation; 

8 (H) adaptive management actions or frame9 work; 

10 (I) coordinating entities; 

11 (J) funding history; 

12 (K) cost-sharing; and 

13 (L) alignment with existing Chesapeake 

14 Bay Agreement and Chesapeake Executive Coun15 cil goals and priorities. 

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

17 only describe restoration activities in the report required 

18 under subsection (a) that— 

19 (1) for Federal restoration activities, have fund20 ing amounts greater than or equal to $100,000; and 

21 (2) for State restoration activities, have funding 

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

23 (c) DEADLINE.—The Director shall submit to Congress 

24 the report required by subsection (a) not later than 30 days 


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1 after the submission by the President of the President’s an2 nual budget to Congress. 

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

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

5 Appropriations, Natural Resources, Energy and Commerce, 

6 and Transportation and Infrastructure of the House of Rep7 resentatives and the Committees on Appropriations, Envi8 ronment and Public Works, and Commerce, Science, and 

9 Transportation of the Senate. 

10 (e) EFFECTIVE DATE.—This section shall apply begin11 ning with the first fiscal year after the date of enactment 

12 of this Act for which the President submits a budget to Con13 gress. 

14 SEC. 3. ADAPTIVE MANAGEMENT PLAN. 

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

16 of enactment of this Act, the Administrator, in consultation 

17 with other Federal and State agencies, shall develop an 

18 adaptive management plan for restoration activities in the 

19 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; 


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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 process 

25 of adaptive management. 


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

2 apply to the first fiscal year that begins after the date 

3 of enactment of this Act. 

4 (e) INCLUSION OF PLAN IN ANNUAL ACTION PLAN AND

5 ANNUAL PROGRESS REPORT.—The Administrator shall en6 sure that the Annual Action Plan and Annual Progress Re7 port required by section 205 of Executive Order 13508 in8 cludes the adaptive management plan outlined in sub9 section (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 nominees 


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1 for appointment to any vacancy in the office of the 

2 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 ‘‘adapt14 ive management’’ means a type of natural resource 

15 management in which project and program decisions 

16 are made as part of an ongoing science-based process. 

17 Adaptive management involves testing, monitoring, 

18 and evaluating applied strategies and incorporating 

19 new knowledge into programs and restoration activi20 ties that are based on scientific findings and the needs 

21 of society. Results are used to modify management 

22 policy, strategies, practices, programs, and restoration 

23 activities. 


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

4 (3) CHESAPEAKE BAY STATE.—The term ‘‘Chesa5 peake Bay State’’ or ‘‘State’’ means the States of 

6 Maryland, West Virginia, Delaware, and New York, 

7 the Commonwealths of Virginia and Pennsylvania, 

8 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 execu16 tive’’ means, in the case of a State or Commonwealth, 

17 the Governor of each such State or Commonwealth 

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

19 Mayor of the District of Columbia. 

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

21 Director of the Office of Management and Budget. 

22 (7) RESTORATION ACTIVITIES.—The term ‘‘res23 toration activities’’ means any Federal or State pro24 grams or projects that directly or indirectly protect, 

25 conserve, or restore living resources, habitat, water reVerDate Mar 15 2010 21:45 Oct 14, 2011 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\H258.RH H258

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1 sources, or water quality in the Chesapeake Bay wa2 tershed, including programs or projects that promote 

3 responsible land use, stewardship, and community en4 gagement in the Chesapeake Bay watershed. Restora5 tion activities may be categorized as follows: 

6 (A) Physical restoration. 

7 (B) Planning. 

8 (C) Feasibility studies. 

9 (D) Scientific research. 

10 (E) Monitoring. 

11 (F) Education. 

12 (G) Infrastructure Development. 


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Union Calendar No. 161 

112TH CONGRESS 

1ST SESSION H. R. 258 

[Report No. 112–245, 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 acOCTOBER 14, 2011 

Reported from the Committee on Natural Resources with 

an amendment 

OCTOBER 14, 2011 

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 


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