H.R. 1053House111th Congress (2009-2011)Passed House

Chesapeake Bay Accountability and Recovery Act of 2009

Introduced February 12, 2009

Legislative Activity

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21 earlier actions
SenateIntro Referral Latest Action

Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.

October 1, 2009

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HouseIntro Referral

Introduced in House

February 12, 2009

HouseIntro Referral

Referred to House Natural Resources

February 12, 2009

HouseIntro Referral

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.

February 12, 2009

HouseIntro Referral

Referred to House Transportation and Infrastructure

February 12, 2009

HouseCommittee

Referred to the Subcommittee on Water Resources and Environment.

February 13, 2009

HouseCommittee

Referred to the Subcommittee on Insular Affairs, Oceans and Wildlife.

February 20, 2009

HouseCommittee

Subcommittee Hearings Held.

July 8, 2009

HouseCommittee

Subcommittee on Insular Affairs, Oceans and Wildlife Discharged.

July 29, 2009

HouseCommittee

Committee Consideration and Mark-up Session Held.

July 29, 2009

HouseCommittee

Ordered to be Reported (Amended) by Unanimous Consent.

July 29, 2009

HouseCommittee

Reported (Amended) by the Committee on Natural Resources. H. Rept. 111-272, Part I.

September 29, 2009

HouseCommittee

Committee on Transportation discharged.

September 29, 2009

HouseCalendars

Placed on the Union Calendar, Calendar No. 153.

September 29, 2009

HouseFloor

Ms. Bordallo moved to suspend the rules and pass the bill, as amended.

September 29, 2009 • 2:54 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H10012-10013)

September 29, 2009 • 2:54 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 1053.

September 29, 2009 • 2:54 PM

HouseFloor

At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

September 29, 2009 • 3:01 PM

HouseFloor

Considered as unfinished business. (consideration: CR H10122-10123)

September 30, 2009 • 3:15 PM

HouseFloor

Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 418 - 1 (Roll no. 745).(text: CR 9/29/2009 H10012-10013)

September 30, 2009 • 3:21 PM

HouseFloor

On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 418 - 1 (Roll no. 745). (text: CR 9/29/2009 H10012-10013)

September 30, 2009 • 3:21 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

September 30, 2009 • 3:21 PM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.

October 1, 2009

Floor Debate

20 members

What members said about H.R. 1053 on the floor

8 Republicans12 Democrats
James L. Oberstar
Rep. James L. OberstarD-MN-8 · Mar 12, 2009

I yield myself 5 seconds to thank the gentleman from California for his enthusiasm and assure him that we will work for full funding. I yield 2 minutes to the distinguished gentleman from New Mexico…

Emanuel Cleaver
Rep. Emanuel CleaverD-MO-5 · Mar 12, 2009

Mr. Chair, H.R. 1262, The Water Quality Investment Act, renews the Federal commitment to addressing our nation's substantial needs for wastewater infrastructure. Several provisions in the bill…

Connie Mack
Rep. Connie MackR-FL-14 · Mar 12, 2009

Mr. Chairman, I have an amendment at the desk. Mr. Chairman, I would like to yield myself such time as I may consume. I would first like to thank Chairman Oberstar and Ranking Member Mica for all of…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Mar 12, 2009

Mr. Chair, I rise today with great enthusiasm for H.R. 1262, the ``Water Quality Investment Act of 2009'', which renews the Federal commitment to addressing our nation's substantial needs for…

Candice S. Miller
Rep. Candice S. MillerR-MI-10 · Mar 12, 2009

I thank the gentleman for yielding. Mr. Speaker, I rise in strong opposition to this amendment because, quite simply, Davis-Bacon works. Some might say that Davis-Bacon is nothing more than a…

Show 8 more
Robert J. Wittman
Rep. Robert J. WittmanR-VA-1 · Mar 12, 2009

Madam Chairwoman, I have an amendment at the desk. I yield myself such time as I may consume. I am honored to represent Virginia's First Congressional District. Improving the health of our Chesapeake…

Brian P. Bilbray
Rep. Brian P. BilbrayR-CA-50 · Mar 12, 2009

Mr. Chairman, I appreciate the bill here today, and I would just like to highlight the issue that, as we commit taxpayers' funds to addressing the environmental issues that face this country, that we…

Carolyn McCarthy
Rep. Carolyn McCarthyD-NY-4 · Mar 12, 2009

I rise today in support of H.R. 1262, the Water Quality Investment Act of 2009. The legislation makes important investments in our nation's water systems and strengthens the environmental protections…

Frank Kratovil, Jr.
Rep. Frank Kratovil, Jr.D-MD-1 · Sep 29, 2009

Mr. Speaker, I rise in support of H.R. 1771, the Chesapeake Bay Science, Education and Ecosystem Enhancement Act, and also, with your permission, Mr. Speaker, H.R. 1053, the Chesapeake Bay…

Paul C. Broun
Rep. Paul C. BrounR-GA-10 · Mar 12, 2009

Madam Chair, I rise to claim the time in opposition to this amendment and reserve my ability to object. I know there are many sewer projects all around this country that need funding. There are two…

John Boozman
Rep. John BoozmanR-AR-3 · Mar 12, 2009

Mr. Chairman, I yield 2 minutes to the gentleman from California (Mr. Bilbray). I yield the gentleman another 2 minutes. I think he makes some excellent points. Does the gentleman have any more…

Steve King
Rep. Steve KingR-IA-5 · Mar 12, 2009

Mr. Chairman, I thank the gentleman from Florida for yielding. This is an issue that will bring me to this floor every opportunity I get. I believe I would be the one Member of this Congress who has…

John P. Sarbanes
Rep. John P. SarbanesD-MD-3 · Sep 29, 2009

Mr. Speaker, I want to thank Chairperson Bordallo for yielding her time. I strongly urge, as one would imagine as the original sponsor of this bill, that the Chesapeake Bay Science, Education, and…

Show 11 more
Steve Driehaus
Rep. Steve DriehausD-OH-1 · Mar 12, 2009

Madam Chair, I have an amendment at the desk. I yield myself such time as I may consume. I want to take this opportunity to thank the chairman of the committee for his tremendous work on this bill. I…

Frank Kratovil, Jr.
Rep. Frank Kratovil, Jr.D-MD-1 · Mar 12, 2009

I would like to thank the gentlewoman from Colorado for yielding. Mr. Chair, I rise in support of the Markey-Kratovil amendment because this Congress needs to do more to ensure that rural communities…

Jeff Flake
Rep. Jeff FlakeR-AZ-6 · Mar 12, 2009

Mr. Chairman, I have an amendment at the desk, designated as No. 5 in the resolutions providing for consideration under H.R. 1262. Mr. Chairman, this amendment is noncontroversial in nature. It would…

Eddie Bernice Johnson
Rep. Eddie Bernice JohnsonD-TX-30 · Mar 12, 2009

Mr. Chair, I strongly oppose the amendment offered by the gentleman from Florida (Mr. Mack). This amendment would strike the language renewing Davis-Bacon prevailing wage protections for construction…

Robert J. Wittman
Rep. Robert J. WittmanR-VA-1 · Sep 29, 2009

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, today I rise in support of H.R. 1771, the Chesapeake Bay Science, Education, and Ecosystem Enhancement Act of 2009, which will…

Betsy Markey
Rep. Betsy MarkeyD-CO-4 · Mar 12, 2009

Mr. Chairman, I have an amendment at the desk. Mr. Chairman, I rise today to urge my colleagues to support my amendment to require States to use at least 15 percent of each capital grant under the…

Robert J. Wittman
Rep. Robert J. WittmanR-VA-1 · Sep 29, 2009

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I would first like to thank Chairman Rahall, Ranking Member Hastings, Mr. Brown and Ms. Bordallo for working with me to bring this…

Mazie K. Hirono
Rep. Mazie K. HironoD-HI-2 · Mar 12, 2009

Mr. Chair, I rise in strong support of H.R. 1262, the Water Quality Investment Act. I commend my House Transportation and Infrastructure Committee Chairman James Oberstar for introducing this vital…

Henry Cuellar
Rep. Henry CuellarD-TX-28 · Mar 12, 2009

Mr. Chair, I rise today to encourage my colleagues to support the manager's amendment to the Water Quality Investment Act of 2009. The manager's amendment I support builds upon the strong nature of…

Kathleen A. Dahlkemper
Rep. Kathleen A. DahlkemperD-PA-3 · Mar 12, 2009

Mr. Chairman, I have an amendment at the desk. I yield myself such time as I may consume. I want to thank Chairman Oberstar and the committee on bringing this important legislation to the floor. I…

John P. Sarbanes
Rep. John P. SarbanesD-MD-3 · Sep 29, 2009

Mr. Speaker, I want to thank Chairperson Bordallo again for yielding to me. I want to urge my colleagues to support H.R. 1053, Congressman Wittman's bill. I'm a cosponsor and proud to be one. This is…

Bill Text

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Referred in SenateIssued October 1, 2009

IIB

111th CONGRESS

1st Session

H. R. 1053

IN THE SENATE OF THE UNITED STATES

October 1, 2009

Received; read twice and referred to the Committee on Environment and Public Works

AN ACT

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.


1.

Short title

This Act may be cited as the Chesapeake Bay Accountability and Recovery Act of 2009.

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—

(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 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 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.

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.

(d)

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 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.

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.

(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 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).

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.

(B)

Planning.

(C)

Feasibility studies.

(D)

Scientific research.

(E)

Monitoring.

(F)

Education.

(G)

Infrastructure Development.

Passed the House of Representatives September 30, 2009.

Lorraine C. Miller,

Clerk.