HR 258
112th CONGRESS
1st Session
H. R. 258
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 Committee
on Natural Resources, and in addition to the Committee on Transportation 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
A BILL
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.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Chesapeake Bay Accountability and Recovery Act
of 2011'.
SEC. 2. CHESAPEAKE BAY CROSSCUT BUDGET.
(a) Crosscut Budget- The Director, in consultation with the Chesapeake Executive
Council, the chief executive of each Chesapeake Bay State, and the Chesapeake
Bay Commission, shall submit to Congress a financial report containing--
(1) an interagency crosscut budget that displays--
(A) the proposed funding for any Federal restoration activity to be carried
out in the succeeding fiscal year, including any planned interagency or
intra-agency transfer, for each of the Federal agencies that carry out
restoration activities;
(B) to the extent that information is available, the estimated funding
for any State restoration activity to be carried out in the succeeding
fiscal year;
(C) all expenditures for Federal restoration activities from the preceding
3 fiscal years, the current fiscal year, and the succeeding fiscal year;
and
(D) all expenditures, to the extent that information is available, for
State restoration activities during the equivalent time period described
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 restoration 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 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 activities listed in subparagraphs (A) and (B) of paragraph (1)),
including the--
(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 framework;
(I) coordinating entities;
(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 funding 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 after the submission by the President
of the President'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 Commerce, and Transportation and Infrastructure of the House of Representatives
and the Committees on Appropriations, Environment and Public Works, and Commerce,
Science, and Transportation of the Senate.
(e) Effective Date- This section shall apply beginning with the first fiscal
year after the date of enactment of this Act for which the President submits
a budget to Congress.
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 objectives to improve water quality,
habitat, and fisheries;
(2) a process for stakeholder participation;
(3) monitoring, modeling, experimentation, and other research and evaluation
practices;
(4) a process for modification of restoration activities 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 activities and programs to which
adaptive management shall be applied.
(b) Implementation- The Administrator shall implement the adaptive management
plan developed under subsection (a).
(c) Updates- The Administrator shall update the adaptive management plan developed
under subsection (a) every 3 years.
(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 implementation
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.
(3) EFFECTIVE DATE- Paragraph (1) shall apply to the first fiscal year that
begins after the date of enactment of this Act.
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
activities and the use of adaptive management in restoration activities, including
on such related topics as are suggested by the Chesapeake Executive Council.
(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 submit a report to the Congress
every 3 years in the findings and recommendations of reviews under this section.
(d) Chesapeake Executive Council- In this section, 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 `adaptive 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 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 `Administrator' means the Administrator of the
Environmental 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 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 executive' 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 `restoration activities' means any
Federal or State programs or projects 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.
(G) Infrastructure Development.
END
