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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;
601 
(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
602 
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
604 
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
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
606 
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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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) STATE
RESTORATION
ACTIVITIES.—The 
term ‘‘State restoration activities’’ means any State 
programs or projects carried out under State author-
ity that directly or indirectly protect, conserve, or re-
store living resources, habitat, water resources, or 
water quality in the Chesapeake Bay watershed, in-
cluding programs or projects that promote respon-
sible land use, stewardship, and community engage-
ment in the Chesapeake Bay watershed. Restoration 
activities may be categorized as follows: 
(A) Physical restoration. 
(B) Planning. 
(C) Feasibility studies.
608 
(D) Scientific research. 
(E) Monitoring. 
(F) Education. 
(G) Infrastructure development. 
(8) FEDERAL RESTORATION ACTIVITIES.—The 
term ‘‘Federal restoration activities’’ means any 
Federal programs or projects carried out under ex-
isting Federal 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 
provide financial and technical assistance to promote 
responsible land use, stewardship, and community 
engagement in the Chesapeake Bay watershed. Res-
toration activities may be categorized as follows: 
(A) Physical restoration. 
(B) Planning. 
(C) Feasibility studies. 
(D) Scientific research. 
(E) Monitoring.