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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— 
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(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 
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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; 
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(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 
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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 
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(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. 
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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-
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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 
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(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: 
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(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. 
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(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; 
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(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: 
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(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 
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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 
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(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). 
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Subtitle D—Chesapeake Bay 
Accountability and Recovery 
SEC. 11401. SHORT TITLE. 
This subtitle may be cited as the ‘‘Chesapeake Bay 
Accountability and Recovery Act of 2013’’. 
SEC. 11402. 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 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 
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; 
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(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 
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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. 11403. RESTORATION THROUGH ADAPTIVE MANAGE-
MENT. 
(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, and with 
the participation of stakeholders, shall develop a plan to 
provide technical and financial assistance to Chesapeake 
Bay States to employ adaptive management in carrying 
out restoration activities in the Chesapeake Bay water-
shed. 
(b) PLAN DEVELOPMENT.—The plan referred to in 
subsection (a) shall include— 
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(1) specific and measurable objectives to im-
prove 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 
requested by Chesapeake Bay States; 
(4) identification of State restoration activities 
planned by Chesapeake Bay States to attain the 
State’s objectives under paragraph (1); 
(5) identification of Federal restoration activi-
ties that could help a Chesapeake Bay State to at-
tain 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 
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developed under subsection (a) by providing technical and 
financial assistance to Chesapeake Bay States using re-
sources available for such purposes that are identified by 
the Director 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-
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 ensure that the Annual Action Plan and Annual 
Progress Report required by section 205 of Executive 
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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 
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606 
HR 2642 PCS 
Oceanic and Atmospheric Administration Authorization 
Act of 1992 (Public Law 102–567; 15 U.S.C. 1511d). 
SEC. 11405. DEFINITIONS. 
In this subtitle, 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 
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