I 

112TH CONGRESS 

1ST SESSION 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. 

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 

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. 

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’’. 


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1 SEC. 2. CHESAPEAKE BAY CROSSCUT BUDGET. 

2 (a) CROSSCUT BUDGET.—The Director, in consulta3 tion with the Chesapeake Executive Council, the chief ex4 ecutive of each Chesapeake Bay State, and the Chesa5 peake Bay Commission, shall submit to Congress a finan6 cial report containing— 

7 (1) an interagency crosscut budget that dis8 plays— 

9 (A) the proposed funding for any Federal 

10 restoration activity to be carried out in the suc11 ceeding fiscal year, including any planned inter12 agency or intra-agency transfer, for each of the 

13 Federal agencies that carry out restoration ac14 tivities; 

15 (B) to the extent that information is avail16 able, the estimated funding for any State res17 toration activity to be carried out in the suc18 ceeding fiscal year; 

19 (C) all expenditures for Federal restoration 

20 activities from the preceding 3 fiscal years, the 

21 current fiscal year, and the succeeding fiscal 

22 year; and 

23 (D) all expenditures, to the extent that in24 formation is available, for State restoration ac25 tivities during the equivalent time period de26 scribed in subparagraph (C); 


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1 (2) a detailed accounting of all funds received 

2 and obligated by all Federal agencies for restoration 

3 activities during the current and preceding fiscal 

4 years, including the identification of funds which 

5 were transferred to a Chesapeake Bay State for res6 toration activities; 

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

8 a detailed accounting from each State of all funds 

9 received and obligated from a Federal agency for 

10 restoration activities during the current and pre11 ceding fiscal years; and 

12 (4) a description of each of the proposed Fed13 eral and State restoration activities to be carried out 

14 in the succeeding fiscal year (corresponding to those 

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

16 paragraph (1)), including the— 

17 (A) project description; 

18 (B) current status of the project; 

19 (C) Federal or State statutory or regu20 latory authority, programs, or responsible agen21 cies; 

22 (D) authorization level for appropriations; 

23 (E) project timeline, including benchmarks; 

24 (F) references to project documents; 


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1 (G) descriptions of risks and uncertainties 

2 of project implementation; 

3 (H) adaptive management actions or 

4 framework; 

5 (I) coordinating entities; 

6 (J) funding history; 

7 (K) cost-sharing; and 

8 (L) alignment with existing Chesapeake 

9 Bay Agreement and Chesapeake Executive 

10 Council goals and priorities. 

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

12 only describe restoration activities in the report required 

13 under subsection (a) that— 

14 (1) for Federal restoration activities, have fund15 ing amounts greater than or equal to $100,000; and 

16 (2) for State restoration activities, have funding 

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

18 (c) DEADLINE.—The Director shall submit to Con19 gress the report required by subsection (a) not later than 

20 30 days after the submission by the President of the Presi21 dent’s annual budget to Congress. 

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

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

24 on Appropriations, Natural Resources, Energy and Com25 merce, and Transportation and Infrastructure of the 


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1 House of Representatives and the Committees on Appro2 priations, Environment and Public Works, and Commerce, 

3 Science, and Transportation of the Senate. 

4 (e) EFFECTIVE DATE.—This section shall apply be5 ginning with the first fiscal year after the date of enact6 ment of this Act for which the President submits a budget 

7 to Congress. 

8 SEC. 3. ADAPTIVE MANAGEMENT PLAN. 

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

10 date of enactment of this Act, the Administrator, in con11 sultation with other Federal and State agencies, shall de12 velop an adaptive management plan for restoration activi13 ties in the Chesapeake Bay watershed that includes— 

14 (1) definition of specific and measurable objec15 tives to improve water quality, habitat, and fisheries; 

16 (2) a process for stakeholder participation; 

17 (3) monitoring, modeling, experimentation, and 

18 other research and evaluation practices; 

19 (4) a process for modification of restoration ac20 tivities that have not attained or will not attain the 

21 specific and measurable objectives set forth under 

22 paragraph (1); and 

23 (5) a process for prioritizing restoration activi24 ties and programs to which adaptive management 

25 shall be applied. 


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1 (b) IMPLEMENTATION.—The Administrator shall im2 plement the adaptive management plan developed under 

3 subsection (a). 

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

5 adaptive management plan developed under subsection (a) 

6 every 3 years. 

7 (d) REPORT TO CONGRESS.— 

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

9 the end of a fiscal year, the Administrator shall 

10 transmit to Congress an annual report on the imple11 mentation of the adaptive management plan required 

12 under this section for such fiscal year. 

13 (2) CONTENTS.—The report required under 

14 paragraph (1) shall contain information about the 

15 application of adaptive management to restoration 

16 activities and programs, including programmatic and 

17 project level changes implemented through the proc18 ess of adaptive management. 

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

20 apply to the first fiscal year that begins after the 

21 date of enactment of this Act. 

22 SEC. 4. INDEPENDENT EVALUATOR FOR THE CHESAPEAKE 

23 BAY PROGRAM. 

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

25 Evaluator for restoration activities in the Chesapeake Bay 


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1 watershed, who shall review and report on restoration ac2 tivities and the use of adaptive management in restoration 

3 activities, including on such related topics as are suggested 

4 by the Chesapeake Executive Council. 

5 (b) APPOINTMENT.— 

6 (1) IN GENERAL.—The Independent Evaluator 

7 shall be appointed by the Administrator from among 

8 nominees submitted by the Chesapeake Executive 

9 Council. 

10 (2) NOMINATIONS.—The Chesapeake Executive 

11 Council may submit to the Administrator 4 nomi12 nees for appointment to any vacancy in the office of 

13 the Independent Evaluator. 

14 (c) REPORTS.—The Independent Evaluator shall sub15 mit a report to the Congress every 3 years in the findings 

16 and recommendations of reviews under this section. 

17 (d) CHESAPEAKE EXECUTIVE COUNCIL.—In this sec18 tion, the term ‘‘Chesapeake Executive Council’’ has the 

19 meaning given that term by section 307 of the National 

20 Oceanic and Atmospheric Administration Authorization 

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

22 SEC. 5. DEFINITIONS. 

23 In this Act, the following definitions apply: 

24 (1) ADAPTIVE MANAGEMENT.—The term 

25 ‘‘adaptive management’’ means a type of natural reVerDate Mar 15 2010 19:25 Jan 13, 2011 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H258.IH H258

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1 source management in which project and program 

2 decisions are made as part of an ongoing science3 based process. Adaptive management involves test4 ing, monitoring, and evaluating applied strategies 

5 and incorporating new knowledge into programs and 

6 restoration activities that are based on scientific 

7 findings and the needs of society. Results are used 

8 to modify management policy, strategies, practices, 

9 programs, and restoration activities. 

10 (2) ADMINISTRATOR.—The term ‘‘Adminis11 trator’’ means the Administrator of the Environ12 mental Protection Agency. 

13 (3) CHESAPEAKE BAY STATE.—The term 

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

15 States of Maryland, West Virginia, Delaware, and 

16 New York, the Commonwealths of Virginia and 

17 Pennsylvania, and the District of Columbia. 

18 (4) CHESAPEAKE BAY WATERSHED.—The term 

19 ‘‘Chesapeake Bay watershed’’ means the Chesapeake 

20 Bay and the geographic area, as determined by the 

21 Secretary of the Interior, consisting of 36 tributary 

22 basins, within the Chesapeake Bay States, through 

23 which precipitation drains into the Chesapeake Bay. 

24 (5) CHIEF EXECUTIVE.—The term ‘‘chief exec25 utive’’ means, in the case of a State or CommonVerDate Mar 15 2010 19:25 Jan 13, 2011 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H258.IH H258

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1 wealth, the Governor of each such State or Common2 wealth and, in the case of the District of Columbia, 

3 the Mayor of the District of Columbia. 

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

5 the Director of the Office of Management and Budg6 et. 

7 (7) RESTORATION ACTIVITIES.—The term ‘‘res8 toration activities’’ means any Federal or State pro9 grams or projects that directly or indirectly protect, 

10 conserve, or restore living resources, habitat, water 

11 resources, or water quality in the Chesapeake Bay 

12 watershed, including programs or projects that pro13 mote responsible land use, stewardship, and commu14 nity engagement in the Chesapeake Bay watershed. 

15 Restoration activities may be categorized as follows: 

16 (A) Physical restoration. 

17 (B) Planning. 

18 (C) Feasibility studies. 

19 (D) Scientific research. 

20 (E) Monitoring. 

21 (F) Education. 

22 (G) Infrastructure Development. 

Æ 


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