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(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 disclo-
sure; 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 pro-
ducer 
or 
livestock 
producer 
under 
paragraph 
(2)(A)(ii). 
SEC. 12326. REPORT ON NATIONAL OCEAN POLICY. 
(a) FINDINGS.—Congress finds the following: 
(1) Executive Order No. 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
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(B) the establishment of nine new govern-
mental ‘‘Regional Planning Bodies’’ and ‘‘Coast-
al and Marine Spatial Plans’’ in every region of 
the United States. 
(2) Executive Order No. 13547 created a 54- 
member National Ocean Council led by the White 
House Council on Environmental Quality and Office 
of Science and Technology Policy that includes 54 
principal and deputy-level representatives from Fed-
eral entities, including the Department of Agriculture. 
(3) Executive Order No. 13547 requires National 
Ocean Council members, including the Department of 
Agriculture, to take action to implement the Policy 
and participate in coastal and marine spatial plan-
ning to the maximum extent possible. 
(4) The Final Recommendations of the Inter-
agency Ocean Policy Task Force that were adopted by 
Executive Order No. 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 over-
seeing implementation of the policy, has still not pro-
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vided a complete accounting of Federal activities 
under the policy and resources expended and allocated 
in furtherance of implementation of the policy. 
(6) The continued economic and budgetary chal-
lenges of the United States underscore the necessity 
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 No. 13547 
since July 19, 2010; and 
(2) any budget requests for fiscal year 2014 for 
support of implementation of Executive Order No. 
13547. 
SEC. 12327. 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
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(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 effect 
with respect to a program referred to in such subsection 
on the date on which the authorization of appropriations 
under this Act for such program expires. 
(c) EXISTING OBLIGATIONS.—Subsection (a) does not 
affect the ability of the Secretary to carry out responsibil-
ities with regard to loans, grants, or other obligations made 
or in existence before an applicable effective date under sub-
section (b). 
Subtitle D—Chesapeake Bay 
Accountability and Recovery 
SEC. 12401. SHORT TITLE. 
This subtitle may be cited as the ‘‘Chesapeake Bay Ac-
countability and Recovery Act of 2013’’. 
SEC. 12402. 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—
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(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 
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
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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; 
(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;
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of this Act for which the President submits a budget to Con-
gress. 
SEC. 12403. RESTORATION THROUGH ADAPTIVE MANAGE-
MENT. 
(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, and with the partici-
pation of stakeholders, shall develop a plan to provide tech-
nical and financial assistance to Chesapeake Bay States to 
employ adaptive management in carrying out restoration 
activities in the Chesapeake Bay watershed. 
(b) PLAN DEVELOPMENT.—The plan referred to in 
subsection (a) shall include— 
(1) specific and measurable objectives to improve 
water quality, habitat, and fisheries identified by 
Chesapeake Bay States; 
(2) a process for stakeholder participation; 
(3) monitoring, modeling, experimentation, and 
other research and evaluation technical assistance re-
quested by Chesapeake Bay States; 
(4) identification of State restoration activities 
planned by Chesapeake Bay States to attain the 
State’s objectives under paragraph (1);
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(5) identification of Federal restoration activities 
that could help a Chesapeake Bay State to attain the 
State’s objectives under paragraph (1); 
(6) recommendations for a process for modifica-
tion of State and Federal restoration activities that 
have not attained or will not attain the specific and 
measurable objectives set forth under paragraph (1); 
and 
(7) recommendations for a process for inte-
grating and prioritizing State and Federal restora-
tion activities and programs to which adaptive man-
agement can be applied. 
(c) IMPLEMENTATION.—In addition to carrying out 
Federal restoration activities under existing authorities and 
funding, the Administrator shall implement the plan devel-
oped under subsection (a) by providing technical and finan-
cial assistance to Chesapeake Bay States using resources 
available for such purposes that are identified by the Direc-
tor under section 11402. 
(d) UPDATES.—The Administrator shall update the 
plan developed under subsection (a) every 2 years. 
(e) 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-
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mentation of the 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 level changes im-
plemented through the process of adaptive manage-
ment. 
(3) EFFECTIVE
DATE.—Paragraph (1) shall 
apply to the first fiscal year that begins after the date 
of enactment of this Act. 
(f) 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 No. 13508 
includes the adaptive management plan outlined in sub-
section (a). 
SEC. 12404. 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.
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(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 
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. 12405. DEFINITIONS. 
In this subtitle, 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
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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. 
(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.
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(6) DIRECTOR.—The term ‘‘Director’’ means the 
Director of the Office of Management and Budget. 
(7) STATE RESTORATION ACTIVITIES.—The term 
‘‘State restoration activities’’ means any State pro-
grams or projects carried out under State authority 
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 promote responsible land 
use, stewardship, and community 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. 
(8) FEDERAL
RESTORATION
ACTIVITIES.—The 
term ‘‘Federal restoration activities’’ means any Fed-
eral programs or projects carried out under existing 
Federal authority that directly or indirectly protect, 
conserve, or restore living resources, habitat, water re-
sources, or water quality in the Chesapeake Bay wa-