577 
(15) System management may begin to be ad-
justed to account for the 2011 flood through a recal-
culation of the amount of storage space within the 
System that is allocated to flood control, using the 
model not of the 1881 flood, but of the greatest 
flood experienced—the flood of 2011. 
(16) As a result of the flooding in 2011, many 
States received disaster declarations from the De-
partment of Agriculture to help farmers and pro-
ducers recover from the damage done by the high 
water. 
(17) Though helpful, even the assistance pro-
vided by the Department of Agriculture will not pro-
vide many in the agriculture community with the re-
sources to put their land back into production any 
time soon. 
(18) Without the protection that will come from 
a fundamental change in the System’s flood control 
storage allocations, farmers, producers, and other 
agricultural interests who may be in a position to re-
start their operations will find it difficult to justify 
doing so, given the fact that they will not be pro-
tected from similar flooding in the future. 
(b) UPDATED MANAGEMENT
OF
THE MISSOURI 
RIVER TO PROTECT AGRICULTURAL INTERESTS.—In 
VerDate Mar 15 2010 
23:54 Jul 10, 2013
Jkt 029200
PO 00000
Frm 00577
Fmt 6652
Sfmt 6201
E:\BILLS\H2642.IH
H2642
rfrederick on DSK6VPTVN1PROD with BILLS
578 
order to strengthen the agricultural economy, revitalize 
the rural communities, and conserve the natural resources 
of the Missouri River basin, the Congress directs that the 
Secretary of Agriculture take action to promote immediate 
increased flood protection to farmers, producers, and other 
agricultural interests in the Missouri River basin by work-
ing within its jurisdiction to support efforts— 
(1) to recalculate the amount of space within 
the System that is allocated to flood control storage 
using the 2011 flood as the model; and 
(2) to increase the Missouri River’s channel ca-
pacity between the reservoirs and below Gavins 
Point. 
SEC. 11314. INCREASED PROTECTION FOR AGRICULTURAL 
INTERESTS IN THE BLACK DIRT REGION. 
In order to strengthen the agricultural economy, revi-
talize the rural communities, and conserve the natural re-
sources of the Black Dirt region, the Congress directs that 
the Secretary of Agriculture take action to promote imme-
diate increased flood protection to farmers, producers, and 
other agricultural interests around the Wallkill River and 
in the Black Dirt region. 
VerDate Mar 15 2010 
23:54 Jul 10, 2013
Jkt 029200
PO 00000
Frm 00578
Fmt 6652
Sfmt 6201
E:\BILLS\H2642.IH
H2642
rfrederick on DSK6VPTVN1PROD with BILLS
579 
SEC. 11315. PROTECTION OF HONEY BEES AND OTHER POL-
LINATORS. 
(a) IN GENERAL.—The Secretary, in consultation 
with the Secretary of the Interior and the Administrator 
of the Environmental Protection Agency, shall carry out 
such activities as the Secretary determines to be appro-
priate to protect and ensure the long-term viability of pop-
ulations of honey bees, wild bees, and other beneficial in-
sects of agricultural crops, horticultural plants, wild 
plants, and other plants, including— 
(1) providing technical expertise relating to pro-
posed agency actions that may threaten pollinator 
health or jeopardize the long-term viability of popu-
lations of pollinators; 
(2) providing formal guidance on national poli-
cies relating to— 
(A) permitting managed honey bees to for-
age on National Forest Service lands where 
compatible with other natural resource manage-
ment priorities; and 
(B) planting and maintaining managed 
honey bee and native pollinator forage on Na-
tional Forest Service lands where compatible 
with other natural resource management prior-
ities; 
VerDate Mar 15 2010 
23:54 Jul 10, 2013
Jkt 029200
PO 00000
Frm 00579
Fmt 6652
Sfmt 6201
E:\BILLS\H2642.IH
H2642
rfrederick on DSK6VPTVN1PROD with BILLS
580 
(3) making use of the best available peer-re-
viewed science regarding environmental and chemical 
stressors on pollinator health; and 
(4) regularly monitoring and reporting on the 
health and population status of managed and native 
pollinators including bees, birds, bats, and other spe-
cies. 
(b) TASK FORCE ON BEE HEALTH AND COMMERCIAL 
BEEKEEPING.— 
(1) ESTABLISHMENT.—The Secretary shall es-
tablish a task force— 
(A) to coordinate Federal efforts carried 
out on or after the date of enactment of this 
Act to address the serious worldwide decline in 
bee health, especially honey bees and declining 
native bees; and 
(B) to assess Federal efforts to mitigate 
pollinator losses and threats to the United 
States commercial beekeeping industry. 
(2) AGENCY CONSULTATION.—The task force 
established under this subsection shall seek ongoing 
consultation from any Federal agency carrying out 
activities important to bee health and commercial 
beekeeping, including officials from— 
(A) the Department of Agriculture; 
VerDate Mar 15 2010 
23:54 Jul 10, 2013
Jkt 029200
PO 00000
Frm 00580
Fmt 6652
Sfmt 6201
E:\BILLS\H2642.IH
H2642
rfrederick on DSK6VPTVN1PROD with BILLS
581 
(B) the Department of the Interior; 
(C) the Environmental Protection Agency; 
(D) the Food and Drug Administration; 
(E) the Department of Commerce; and 
(F) U.S. Customs and Border Protection. 
(3) STAKEHOLDER CONSULTATION.—The task 
force established under this subsection shall consult 
with beekeeper, conservation, scientist, and agricul-
tural stakeholders. 
(c) REPORT TO CONGRESS.—Not later than 180 days 
after the date of enactment of this Act, the task force es-
tablished under subsection (b) shall submit to Congress 
a report that— 
(1) summarizes Federal activities carried out 
pursuant to subsection (f) of section of the Food, 
Agriculture, Conservation, and Trade Act of 1990 (7 
U.S.C. 5925) (as redesignated by section 7209) or 
any other provision of law (including regulations) to 
address bee decline; 
(2) summarizes international efforts to address 
the decline of managed honey bees and native polli-
nators; and 
(3) provides recommendations to Congress re-
garding how to better coordinate Federal agency ef-
VerDate Mar 15 2010 
23:54 Jul 10, 2013
Jkt 029200
PO 00000
Frm 00581
Fmt 6652
Sfmt 6201
E:\BILLS\H2642.IH
H2642
rfrederick on DSK6VPTVN1PROD with BILLS
582 
forts to address the decline of managed honey bees 
and native pollinators. 
(d) POLLINATOR
RESEARCH
LAB
FEASIBILITY 
STUDY.— 
(1) 
IN
GENERAL.—The 
Secretary, 
acting 
through the Administrator of the Agricultural Re-
search Service, may conduct feasibility studies re-
garding— 
(A) re-locating existing honey bee and na-
tive pollinator research from Federal labora-
tories to a cooperator-run facility in a location 
most geographically appropriate for pollinator 
research; and 
(B) modernizing existing honey bee re-
search laboratories identified by the Agricul-
tural Research Service in the capital investment 
strategy document dated 2012. 
(2) CONSULTATION.—In conducting the feasi-
bility studies under paragraph (1), the Secretary 
shall consult with— 
(A) beekeeper, native bee, agricultural, re-
search institution, and bee conservation stake-
holders regarding new research laboratory 
needs under paragraph (1)(A); and 
VerDate Mar 15 2010 
23:54 Jul 10, 2013
Jkt 029200
PO 00000
Frm 00582
Fmt 6652
Sfmt 6201
E:\BILLS\H2642.IH
H2642
rfrederick on DSK6VPTVN1PROD with BILLS
583 
(B) commercial beekeepers regarding the 
modernizing of existing honey bee laboratories 
under paragraph (1)(B). 
SEC. 11316. PRODUCE REPRESENTED AS GROWN IN THE 
UNITED STATES WHEN IT IS NOT IN FACT 
GROWN IN THE UNITED STATES. 
(a) TECHNICAL ASSISTANCE
TO CBP.—The Sec-
retary of Agriculture shall make available to U.S. Customs 
and Border Protection technical assistance related to the 
identification of produce represented as grown in the 
United States when it is not in fact grown in the United 
States. 
(b) REPORT
TO CONGRESS.—The Secretary shall 
submit to the Committee on Agriculture of the House of 
Representatives and the Committee on Agriculture, Nutri-
tion, and Forestry of the Senate a report on produce rep-
resented as grown in the United States when it is not in 
fact grown in the United States. 
SEC. 11317. URBAN AGRICULTURE COORDINATION. 
The Secretary of Agriculture shall coordinate oppor-
tunities for urban agriculture, by— 
(1) compiling a list of all programs adminis-
tered by the Secretary or by the head of any other 
department, agency, or instrumentality of the United 
VerDate Mar 15 2010 
23:54 Jul 10, 2013
Jkt 029200
PO 00000
Frm 00583
Fmt 6652
Sfmt 6201
E:\BILLS\H2642.IH
H2642
rfrederick on DSK6VPTVN1PROD with BILLS
584 
States to which urban farmers can apply for assist-
ance or participation; 
(2) examining and implementing opportunities 
to adjust the regulations governing the programs to 
enable urban farmers to participate in more of the 
programs; 
(3) developing a process for streamlining the 
process by which urban farmers may apply for as-
sistance from, or for participation in, the programs, 
including through the use of a single, harmonized 
application for multiple programs; and 
(4) such other methods as the Secretary deems 
appropriate. 
SEC. 11318. SENSE OF CONGRESS ON INCREASED BUSINESS 
OPPORTUNITIES 
FOR 
BLACK 
FARMERS, 
WOMEN, 
MINORITIES, 
AND 
SMALL 
BUSI-
NESSES. 
It is the sense of Congress that the Federal Govern-
ment should increase the number of contracts the Federal 
Government awards to black farmers, businesses owned 
and controlled by women, businesses owned and controlled 
by minorities, and small business concerns. 
SEC. 11319. SENSE OF CONGRESS REGARDING AGRI-
CULTURE SECURITY PROGRAMS. 
It is the sense of Congress that— 
VerDate Mar 15 2010 
23:54 Jul 10, 2013
Jkt 029200
PO 00000
Frm 00584
Fmt 6652
Sfmt 6201
E:\BILLS\H2642.IH
H2642
rfrederick on DSK6VPTVN1PROD with BILLS
585 
(1) agricultural nutrients and other agricultural 
chemicals are essential to ensuring the most efficient 
production of food, fuel, and fiber; 
(2) these products must be properly stored, 
handled, transported, and used to ensure that they 
are not misused or cause harm either accidentally or 
intentionally; 
(3) the Department of Agriculture is the Fed-
eral agency with the staffing and technical expertise 
to understand the important role these products play 
in agriculture; 
(4) other Federal departments and agencies 
have been given lead responsibility to develop and 
implement security programs affecting the avail-
ability, storage, transportation, and use of a variety 
of chemicals and products used in agriculture; 
(5) it is critical that the Department of Agri-
culture participates fully in the development of any 
such security programs to ensure that they do not 
unnecessarily restrict the availability of the most ef-
ficient and beneficial products needed to sustain ag-
riculture in the United States; 
(6) the Secretary of Agriculture should review 
staffing at the Department to ensure that the agen-
cy has senior employees within the Department at 
VerDate Mar 15 2010 
23:54 Jul 10, 2013
Jkt 029200
PO 00000
Frm 00585
Fmt 6652
Sfmt 6201
E:\BILLS\H2642.IH
H2642
rfrederick on DSK6VPTVN1PROD with BILLS
586 
the Senior Executive Service level or higher, who 
have responsibility for coordinating with other Fed-
eral, State, and international agencies in the devel-
opment of regulations, guidance, and procedures for 
the secure handling of agricultural chemicals; and 
(7) such employees shall— 
(A) work with manufacturers, retailers, 
and the general farm community to review ex-
isting and proposed Federal, State, and inter-
national agricultural chemical security regula-
tions; 
(B) coordinate with manufacturers, retail-
ers, transporters, and farmers to evaluate how 
existing and proposed security regulations, in-
cluding systems to track the sale, transpor-
tation, delivery, and use of agricultural prod-
ucts, can be designed to minimize any adverse 
impact on agricultural productivity; 
(C) evaluate how existing and proposed se-
curity regulations will affect the ability of agri-
cultural producers to have timely access to nu-
trients, chemicals, and other products that are 
affordable and best suited to the producers’ op-
erations; 
VerDate Mar 15 2010 
23:54 Jul 10, 2013
Jkt 029200
PO 00000
Frm 00586
Fmt 6652
Sfmt 6201
E:\BILLS\H2642.IH
H2642
rfrederick on DSK6VPTVN1PROD with BILLS
587 
(D) develop recommendations on best prac-
tices, policies, and regulatory mechanisms relat-
ing to existing and proposed security programs 
to ensure that there is minimal adverse impact 
on agricultural productivity; and 
(E) engage with Federal agencies with re-
sponsibility for establishing security programs 
to ensure that they have the information needed 
to develop procedures for effective security ad-
ministration and enforcement that minimize 
any adverse impact on domestic or international 
agricultural productivity. 
SEC. 11320. REPORT ON WATER SHARING. 
Not later than 120 days after the date of the enact-
ment of this Act and annually thereafter, the Secretary 
of State shall submit to Congress a report on— 
(1) efforts by Mexico to meet its treaty deliv-
eries of water to the Rio Grande in accordance with 
the Treaty between the United States and Mexico 
Respecting Utilization of waters of the Colorado and 
Tijuana Rivers and of the Rio Grande (done at 
Washington, February 3, 1944); and 
(2) the benefits to the United States of the In-
terim International Cooperative Measures in the Col-
orado River Basin through 2017 and Extension of 
VerDate Mar 15 2010 
23:54 Jul 10, 2013
Jkt 029200
PO 00000
Frm 00587
Fmt 6652
Sfmt 6201
E:\BILLS\H2642.IH
H2642
rfrederick on DSK6VPTVN1PROD with BILLS
588 
Minute 318 Cooperative Measures to Address the 
Continued Effects of the April 2010 Earthquake in 
the Mexicali Valley, Baja, California (done at Coro-
nado, California, November 20, 2012; commonly re-
ferred to as ‘‘Minute No. 319’’). 
SEC. 11321. SCIENTIFIC AND ECONOMIC ANALYSIS OF THE 
FDA FOOD SAFETY MODERNIZATION ACT. 
(a) IN GENERAL.—The Secretary of Health and 
Human Services (referred to in this section as the ‘‘Sec-
retary’’) may not enforce any regulations promulgated 
under the FDA Food Safety Modernization Act (Public 
Law 111–353) until the Secretary publishes in the Fed-
eral Register the following: 
(1) An analysis of the scientific information 
used in the final rule to implement the FDA Food 
Safety Modernization Act with a particular focus 
on— 
(A) agricultural businesses of a variety of 
sizes; 
(B) regional differences of agriculture pro-
duction, processing, marketing, and value added 
production; 
(C) agricultural businesses that are diverse 
livestock and produce producers; and 
VerDate Mar 15 2010 
23:54 Jul 10, 2013
Jkt 029200
PO 00000
Frm 00588
Fmt 6652
Sfmt 6201
E:\BILLS\H2642.IH
H2642
rfrederick on DSK6VPTVN1PROD with BILLS
589 
(D) what, if any, negative impact on the 
agricultural businesses would be created, or ex-
acerbated, by implementation of the FDA Food 
Safety Modernization Act. 
(2) An analysis of the economic impact of the 
proposed final rule to implement the FDA Food 
Safety Modernization Act with a particular focus 
on— 
(A) agricultural businesses of a variety of 
sizes; and 
(B) small and mid-sized value added food 
processors. 
(3) A plan to systematically evaluate the regula-
tions by surveying farmers and processors and devel-
oping an ongoing process to evaluate and address 
business concerns. 
(b) ANNUAL REPORT.—Not later than 1 year after 
the date of enactment of this Act and annually thereafter, 
the Secretary shall submit to the Committee on Agri-
culture, Nutrition, and Forestry of the Senate and the 
Committee on Agriculture of the House of Representatives 
a report on the impact of implementation of the regula-
tions promulgated under the FDA Food Safety Mod-
ernization Act. 
VerDate Mar 15 2010 
23:54 Jul 10, 2013
Jkt 029200
PO 00000
Frm 00589
Fmt 6652
Sfmt 6201
E:\BILLS\H2642.IH
H2642
rfrederick on DSK6VPTVN1PROD with BILLS
590 
SEC. 11322. IMPROVED DEPARTMENT OF AGRICULTURE 
CONSIDERATION OF ECONOMIC IMPACT OF 
REGULATIONS ON SMALL BUSINESS. 
The Secretary of Agriculture shall complete proce-
dures consistent with the requirements of subsection (b) 
of section 609 of title 5, United States Code, whenever 
the Department of Agriculture promulgates any rule 
which will have a significant economic impact on a sub-
stantial number of small entities. 
SEC. 11323. SILVICULTURAL ACTIVITIES. 
Section 402(l) of the Federal Water Pollution Control 
Act (33 U.S.C. 1342(l)) is amended by adding at the end 
the following: 
‘‘(3) SILVICULTURAL ACTIVITIES.— 
‘‘(A) NPDES PERMIT REQUIREMENTS FOR 
SILVICULTURAL
ACTIVITIES.—The 
Adminis-
trator shall not require a permit or otherwise 
promulgate regulations under this section or di-
rectly or indirectly require any State to require 
a permit under this section for a discharge of 
stormwater runoff resulting from the conduct of 
the following silviculture activities: nursery op-
erations, site preparation, reforestation and 
subsequent cultural treatment, thinning, pre-
scribed burning, pest and fire control, har-
VerDate Mar 15 2010 
23:54 Jul 10, 2013
Jkt 029200
PO 00000
Frm 00590
Fmt 6652
Sfmt 6201
E:\BILLS\H2642.IH
H2642
rfrederick on DSK6VPTVN1PROD with BILLS
591 
vesting operations, surface drainage, and road 
use, construction, and maintenance. 
‘‘(B) PERMITS FOR DREDGED OR FILL MA-
TERIAL.—Nothing in this paragraph exempts a 
silvicultural activity resulting in the discharge 
of dredged or fill material from any permitting 
requirement under section 404.’’. 
SEC. 11324. APPLICABILITY OF SPILL PREVENTION, CON-
TROL, AND COUNTERMEASURE RULE. 
(a) IN GENERAL.—The Administrator, in imple-
menting the Spill Prevention, Control, and Counter-
measure rule with respect to any farm, shall— 
(1) require certification of compliance with such 
rule by— 
(A) a professional engineer for a farm 
with— 
(i) an individual tank with an above-
ground storage capacity greater than 
10,000 gallons; 
(ii) an aggregate aboveground storage 
capacity greater than or equal to 42,000 
gallons; or 
(iii) a history that includes a spill, as 
determined by the Administrator; or 
VerDate Mar 15 2010 
23:54 Jul 10, 2013
Jkt 029200
PO 00000
Frm 00591
Fmt 6652
Sfmt 6201
E:\BILLS\H2642.IH
H2642
rfrederick on DSK6VPTVN1PROD with BILLS
592 
(B) the owner or operator of the farm (via 
self-certification) for a farm with— 
(i) an aggregate aboveground storage 
capacity greater than 10,000 gallons but 
less than 42,000 gallons; and 
(ii) no history of spills, as determined 
by the Administrator; and 
(2) exempt from all requirements of such rule 
any farm— 
(A) with an aggregate aboveground storage 
capacity of less than or equal to 10,000 gallons; 
and 
(B) no history of spills, as determined by 
the Administrator. 
(b) CALCULATION
OF AGGREGATE ABOVEGROUND 
STORAGE CAPACITY.—For the purposes of subsection (a), 
the aggregate aboveground storage capacity of a farm ex-
cludes— 
(1) all containers on separate parcels that have 
a capacity that is less than 1,320 gallons; and 
(2) all storage containers holding animal feed 
ingredients approved for use in livestock feed by the 
Food and Drug Administration. 
(c) DEFINITIONS.—In this section, the following defi-
nitions apply: 
VerDate Mar 15 2010 
23:54 Jul 10, 2013
Jkt 029200
PO 00000
Frm 00592
Fmt 6652
Sfmt 6201
E:\BILLS\H2642.IH
H2642
rfrederick on DSK6VPTVN1PROD with BILLS
593 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) FARM.—The term ‘‘farm’’ has the meaning 
given such term in section 112.2 of title 40, Code 
of Federal Regulations. 
(3) GALLON.—The term ‘‘gallon’’ refers to a 
United States liquid gallon. 
(4) HISTORY OF SPILLS.—The term ‘‘history of 
spills’’ has the meaning used to describe the term 
‘‘reportable discharge history’’ in section 112.7(k)(1) 
of title 40, Code of Federal Regulations (or suc-
cessor regulations). 
(5) SPILL PREVENTION, CONTROL, AND COUN-
TERMEASURE RULE.—The term ‘‘Spill Prevention, 
Control, and Countermeasure rule’’ means the regu-
lation promulgated by the Environmental Protection 
Agency under part 112 of title 40, Code of Federal 
Regulations. 
SEC. 11325. AGRICULTURAL PRODUCER INFORMATION DIS-
CLOSURE. 
(a) DEFINITIONS.—In this section: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
VerDate Mar 15 2010 
23:54 Jul 10, 2013
Jkt 029200
PO 00000
Frm 00593
Fmt 6652
Sfmt 6201
E:\BILLS\H2642.IH
H2642
rfrederick on DSK6VPTVN1PROD with BILLS
594 
(2) AGENCY.—The term ‘‘Agency’’ means the 
Environmental Protection Agency. 
(3) AGRICULTURAL
OPERATION.—The term 
‘‘agricultural operation’’ includes any operation 
where an agricultural commodity crop is raised, in-
cluding livestock operations. 
(4) LIVESTOCK OPERATION.—The term ‘‘live-
stock operation’’ includes any operation involved in 
the raising or finishing of livestock or poultry. 
(b) DISCLOSURE OF INFORMATION.— 
(1) PROHIBITION.—Except as provided in para-
graph (2), the Administrator, any officer or em-
ployee of the Agency, or any contractor of the Agen-
cy, shall not make public the information of any 
owner, operator, or employee of an agricultural oper-
ation provided to the Agency by a farmer, rancher, 
or livestock producer or a State agency that has 
been obtained in accordance with the Federal Water 
Pollution Control Act (33 U.S.C. 1251 et seq.) or 
any other law, including— 
(A) names; 
(B) telephone numbers; 
(C) email addresses; 
(D) physical addresses; 
VerDate Mar 15 2010 
23:54 Jul 10, 2013
Jkt 029200
PO 00000
Frm 00594
Fmt 6652
Sfmt 6201
E:\BILLS\H2642.IH
H2642
rfrederick on DSK6VPTVN1PROD with BILLS
595 
(E) Global Positioning System coordinates; 
or 
(F) other identifying location information. 
(2) EFFECT.—Nothing in paragraph (1) af-
fects— 
(A) the disclosure of information described 
in paragraph (1) if— 
(i) the information has been trans-
formed into a statistical or aggregate form 
at the county level or higher without any 
information that identifies the agricultural 
operation or agricultural producer; or 
(ii) the producer consents to the dis-
closure; or 
(B) the authority of any State agency to 
collect information on livestock operations. 
(3) CONDITION
OF
PERMIT
OR
OTHER
PRO-
GRAMS.—The approval of any permit, practice, or 
program administered by the Administrator shall not 
be conditioned on the consent of the agricultural 
producer or livestock producer under paragraph 
(2)(A)(ii). 
SEC. 11326. REPORT ON NATIONAL OCEAN POLICY. 
(a) FINDINGS.—Congress finds the following: 
VerDate Mar 15 2010 
23:54 Jul 10, 2013
Jkt 029200
PO 00000
Frm 00595
Fmt 6652
Sfmt 6201
E:\BILLS\H2642.IH
H2642
rfrederick on DSK6VPTVN1PROD with BILLS
596 
(1) Executive Order 13547, issued on July 19, 
2010, established the national policy for the Stew-
ardship of the Ocean, Our Coasts, and the Great 
Lakes and requires— 
(A) Federal implementation of ‘‘ecosystem- 
based management’’ to achieve a ‘‘fundamental 
shift’’ in how the United States manages ocean, 
coastal, and Great Lakes resources; and 
(B) the establishment of nine new govern-
mental 
‘‘Regional 
Planning 
Bodies’’ 
and 
‘‘Coastal and Marine Spatial Plans’’ in every 
region of the United States. 
(2) Executive Order 13547 created a 54-mem-
ber National Ocean Council led by the White House 
Council on Environmental Quality and Office of 
Science and Technology Policy that includes 54 prin-
cipal and deputy-level representatives from Federal 
entities, including the Department of Agriculture. 
(3) Executive Order 13547 requires National 
Ocean Council members, including the Department 
of Agriculture, to take action to implement the Pol-
icy and participate in coastal and marine spatial 
planning to the maximum extent possible. 
(4) The Final Recommendations of the Inter-
agency Ocean Policy Task Force that were adopted 
VerDate Mar 15 2010 
23:54 Jul 10, 2013
Jkt 029200
PO 00000
Frm 00596
Fmt 6652
Sfmt 6201
E:\BILLS\H2642.IH
H2642
rfrederick on DSK6VPTVN1PROD with BILLS
597 
by Executive Order 13547 state that ‘‘effective’’ im-
plementation of the National Ocean Policy will ‘‘re-
quire clear and easily understood requirements and 
regulations, where appropriate, that include enforce-
ment as a critical component’’. 
(5) Despite repeated Congressional requests, 
the National Ocean Council, which is charged with 
overseeing implementation of the policy, has still not 
provided a complete accounting of Federal activities 
under the policy and resources expended and allo-
cated in furtherance of implementation of the policy. 
(6) The continued economic and budgetary 
challenges of the United States underscore the ne-
cessity for sound, transparent, and practical Federal 
policies. 
(b) REPORT.—Not later than 90 days after the date 
of the enactment of this Act, the Inspector General of the 
Department of Agriculture shall submit to the Committee 
on Agriculture of the House of Representatives and the 
Committee on Agriculture, Nutrition, and Forestry of the 
Senate a report detailing— 
(1) all activities engaged in and resources ex-
pended in furtherance of Executive Order 13547 
since July 19, 2010; and 
VerDate Mar 15 2010 
23:54 Jul 10, 2013
Jkt 029200
PO 00000
Frm 00597
Fmt 6652
Sfmt 6201
E:\BILLS\H2642.IH
H2642
rfrederick on DSK6VPTVN1PROD with BILLS
598 
(2) any budget requests for fiscal year 2014 for 
support of implementation of Executive Order 
13547. 
SEC. 11327. SUNSETTING OF PROGRAMS. 
(a) IN GENERAL.—Subject to subsection (b), each 
fiscal year the Secretary of Agriculture may not carry out 
any program— 
(1) for which an authorization of appropriations 
is established or extended under this Act; and 
(2) that is funded by discretionary appropria-
tions (as defined in section 250(c) of the Balanced 
Budget and Emergency Deficit Control Act of 1985 
(2 U.S.C. 900(c))). 
(b) EFFECTIVE DATE.—Subsection (a) shall take ef-
fect with respect to a program referred to in such sub-
section on the date on which the authorization of appro-
priations under this Act for such program expires. 
(c) EXISTING OBLIGATIONS.—Subsection (a) does 
not affect the ability of the Secretary to carry out respon-
sibilities with regard to loans, grants, or other obligations 
made or in existence before an applicable effective date 
under subsection (b). 
VerDate Mar 15 2010 
23:54 Jul 10, 2013
Jkt 029200
PO 00000
Frm 00598
Fmt 6652
Sfmt 6201
E:\BILLS\H2642.IH
H2642
rfrederick on DSK6VPTVN1PROD with BILLS
605 
Order 13508 includes the adaptive management plan out-
lined in subsection (a). 
SEC. 11404. INDEPENDENT EVALUATOR FOR THE CHESA-
PEAKE 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 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 
VerDate Mar 15 2010 
23:54 Jul 10, 2013
Jkt 029200
PO 00000
Frm 00605
Fmt 6652
Sfmt 6201
E:\BILLS\H2642.IH
H2642
rfrederick on DSK6VPTVN1PROD with BILLS