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 Com-
mittee on Natural Resources, and in addition to the Committee on Trans-
portation 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 or-
dered to be printed 
[For text of introduced bill, see copy of bill as introduced on January 7, 2011] 
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A BILL 
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. 
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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 2011’’. 
SEC. 2. CHESAPEAKE BAY CROSSCUT BUDGET. 
(a) CROSSCUT BUDGET.—The Director, in consulta-
tion with the Chesapeake Executive Council, the chief execu-
tive of each Chesapeake Bay State, and the Chesapeake Bay 
Commission, shall submit to Congress a financial 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 2 fiscal years, the 
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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 re-
ceived and obligated from a Federal agency for res-
toration activities during the current and preceding 
fiscal years; and 
(4) a description of each of the proposed Federal 
and State restoration activities to be carried out in 
the succeeding fiscal year (corresponding to those ac-
tivities listed in subparagraphs (A) and (B) of para-
graph (1)), including the— 
(A) project description; 
(B) current status of the project; 
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(C) Federal or State statutory or regulatory 
authority, programs, or responsible agencies; 
(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 frame-
work; 
(I) coordinating entities; 
(J) funding history; 
(K) cost-sharing; and 
(L) alignment with existing Chesapeake 
Bay Agreement and Chesapeake Executive Coun-
cil 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 Congress 
the report required by subsection (a) not later than 30 days 
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after the submission by the President of the President’s an-
nual 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 Commerce, 
and Transportation and Infrastructure of the House of Rep-
resentatives and the Committees on Appropriations, Envi-
ronment and Public Works, and Commerce, Science, and 
Transportation of the Senate. 
(e) EFFECTIVE DATE.—This section shall apply begin-
ning with the first fiscal year after the date of enactment 
of this Act for which the President submits a budget to Con-
gress. 
SEC. 3. ADAPTIVE MANAGEMENT PLAN. 
(a) IN GENERAL.—Not later than 1 year after the date 
of enactment of this Act, the Administrator, in consultation 
with other Federal and State agencies, shall develop an 
adaptive management plan for restoration activities 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; 
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(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 2 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 process 
of adaptive management. 
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(3) EFFECTIVE
DATE.—Paragraph (1) shall 
apply to the first fiscal year that begins after the date 
of enactment of this Act. 
(e) INCLUSION OF PLAN IN ANNUAL ACTION PLAN AND 
ANNUAL PROGRESS REPORT.—The Administrator shall en-
sure that the Annual Action Plan and Annual Progress Re-
port required by section 205 of Executive Order 13508 in-
cludes the adaptive management plan outlined in sub-
section (a). 
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 nominees 
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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 2 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 ‘‘adapt-
ive management’’ means a type of natural resource 
management in which project and program decisions 
are made as part of an ongoing science-based process. 
Adaptive management involves testing, monitoring, 
and evaluating applied strategies and incorporating 
new knowledge into programs and restoration activi-
ties that are based on scientific findings and the needs 
of society. Results are used to modify management 
policy, strategies, practices, programs, and restoration 
activities. 
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(2) 
ADMINISTRATOR.—The 
term 
‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(3) CHESAPEAKE BAY STATE.—The term ‘‘Chesa-
peake 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 execu-
tive’’ means, in the case of a State or Commonwealth, 
the Governor of each such State or Commonwealth 
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 Budget. 
(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 re-
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sources, or water quality in the Chesapeake Bay wa-
tershed, including programs or projects that promote 
responsible land use, stewardship, and community en-
gagement in the Chesapeake Bay watershed. Restora-
tion activities may be categorized as follows: 
(A) Physical restoration. 
(B) Planning. 
(C) Feasibility studies. 
(D) Scientific research. 
(E) Monitoring. 
(F) Education. 
(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 
to prepare a crosscut budget for restoration ac-
tivities in the Chesapeake Bay watershed, to re-
quire the Environmental Protection Agency to 
develop and implement an adaptive management 
plan, and for other purposes. 
OCTOBER 14, 2011 
Reported from the Committee on Natural Resources with 
an amendment 
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 
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