111TH CONGRESS 
1ST SESSION H. R. 1053 
AN ACT 
To require the Office of Management and Budget to prepare 
a crosscut budget for restoration activities in the Chesa-
peake Bay watershed, to require the Environmental Pro-
tection Agency to develop and implement an adaptive 
management plan, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Chesapeake Bay Ac-
countability and Recovery Act of 2009’’. 
SEC. 2. CHESAPEAKE BAY CROSSCUT BUDGET. 
(a) CROSSCUT BUDGET.—The Director, in consulta-
tion with the Chesapeake Executive Council, the chief ex-
ecutive of each Chesapeake Bay State, and the Chesa-
peake Bay Commission, shall submit to Congress a finan-
cial report containing— 
(1) an interagency crosscut budget that dis-
plays— 
(A) the proposed funding for any Federal 
restoration activity to be carried out in the suc-
ceeding fiscal year, including any planned inter-
agency or intra-agency transfer, for each of the 
Federal agencies that carry out restoration ac-
tivities; 
(B) to the extent that information is avail-
able, the estimated funding for any State res-
toration activity to be carried out in the suc-
ceeding fiscal year; 
(C) all expenditures for Federal restoration 
activities from the preceding 3 fiscal years, the 
current fiscal year, and the succeeding fiscal 
year; and
(D) all expenditures, to the extent that in-
formation is available, for State restoration ac-
tivities during the equivalent time period de-
scribed 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 res-
toration 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 pre-
ceding fiscal years; and 
(4) a description of each of the proposed Fed-
eral 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 regu-
latory authority, programs, or responsible agen-
cies;
(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 fund-
ing 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 Con-
gress the report required by subsection (a) not later than 
30 days after the submission by the President of the Presi-
dent’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 Com-
merce, and Transportation and Infrastructure of the 
House of Representatives and the Committees on Appro-
priations, Environment and Public Works, and Commerce, 
Science, and Transportation of the Senate. 
(e) EFFECTIVE DATE.—This section shall apply be-
ginning with the first fiscal year after the date of enact-
ment 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 con-
sultation with other Federal and State agencies, shall de-
velop an adaptive management plan for restoration activi-
ties in the Chesapeake Bay watershed that includes— 
(1) definition of specific and measurable objec-
tives 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 ac-
tivities 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 activi-
ties and programs to which adaptive management 
shall be applied. 
(b) IMPLEMENTATION.—The Administrator shall im-
plement the adaptive management plan developed under 
subsection (a). 
(c) UPDATES.—The Administrator shall update the 
adaptive management plan developed under subsection (a) 
every 3 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 imple-
mentation of the adaptive management plan required 
under this section for such fiscal year. 
(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 proc-
ess 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. 
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 ac-
tivities 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 nomi-
nees for appointment to any vacancy in the office of 
the Independent Evaluator. 
(c) REPORTS.—The Independent Evaluator shall sub-
mit a report to the Congress every 3 years in the findings 
and recommendations of reviews under this section. 
(d) CHESAPEAKE EXECUTIVE COUNCIL.—In this sec-
tion 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 re-
source management in which project and program 
decisions are made as part of an ongoing science- 
based process. Adaptive management involves test-
ing, 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 ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental 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 exec-
utive’’ means, in the case of a State or Common-
wealth, the Governor of each such State or Common-
wealth 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 Budg-
et. 
(7) RESTORATION ACTIVITIES.—The term ‘‘res-
toration activities’’ means any Federal or State pro-
grams 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 pro-
mote responsible land use, stewardship, and commu-
nity 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. 
Passed the House of Representatives September 30, 
2009. 
Attest: 
Clerk.