IB
Union Calendar No. 161
112th CONGRESS
1st Session
H. R. 258
[Report No. 112–245, Part I]
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
October 14, 2011
Additional sponsors: Mr. Moran, Mr. Sarbanes, Mr. Rigell, Mr. Connolly of Virginia, Mr. Gerlach, Mr. Goodlatte, and Mr. Wolf
October 14, 2011
Reported from the Committee on Natural Resources with an amendment
Strike out all after the enacting clause and insert the part printed in italic
October 14, 2011
The Committee on Transportation and Infrastructure discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed
For text of introduced bill, see copy of bill as introduced on January 7, 2011
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.
Short title
This Act may be cited as the
Chesapeake Bay Accountability and
Recovery Act of 2011
.
Chesapeake Bay Crosscut Budget
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—
an interagency crosscut budget that displays—
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;
to the extent that information is available, the estimated funding for any State restoration activity to be carried out in the succeeding fiscal year;
all expenditures for Federal restoration activities from the preceding 2 fiscal years, the current fiscal year, and the succeeding fiscal year; and
all expenditures, to the extent that information is available, for State restoration activities during the equivalent time period described in subparagraph (C);
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;
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
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—
project description;
current status of the project;
Federal or State statutory or regulatory authority, programs, or responsible agencies;
authorization level for appropriations;
project timeline, including benchmarks;
references to project documents;
descriptions of risks and uncertainties of project implementation;
adaptive management actions or framework;
coordinating entities;
funding history;
cost-sharing; and
alignment with existing Chesapeake Bay Agreement and Chesapeake Executive Council goals and priorities.
Minimum funding levels
The Director shall only describe restoration activities in the report required under subsection (a) that—
for Federal restoration activities, have funding amounts greater than or equal to $100,000; and
for State restoration activities, have funding amounts greater than or equal to $50,000.
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.
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.
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.
Adaptive Management Plan
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—
definition of specific and measurable objectives to improve water quality, habitat, and fisheries;
a process for stakeholder participation;
monitoring, modeling, experimentation, and other research and evaluation practices;
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
a process for prioritizing restoration activities and programs to which adaptive management shall be applied.
Implementation
The Administrator shall implement the adaptive management plan developed under subsection (a).
Updates
The Administrator shall update the adaptive management plan developed under subsection (a) every 2 years.
Report to Congress
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.
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.
Effective date
Paragraph (1) shall apply to the first fiscal year that begins after the date of enactment of this Act.
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 Order 13508 includes the adaptive management plan outlined in subsection (a).
Independent Evaluator for the Chesapeake Bay Program
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.
Appointment
In general
The Independent Evaluator shall be appointed by the Administrator from among nominees submitted by the Chesapeake Executive Council.
Nominations
The Chesapeake Executive Council may submit to the Administrator 4 nominees for appointment to any vacancy in the office of the Independent Evaluator.
Reports
The Independent Evaluator shall submit a report to the Congress every 2 years in the findings and recommendations of reviews under this section.
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).
Definitions
In this Act, the following definitions apply:
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.
Administrator
The
term Administrator
means the Administrator of the Environmental
Protection Agency.
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.
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.
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.
Director
The
term Director
means the Director of the Office of Management and
Budget.
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:
Physical restoration.
Planning.
Feasibility studies.
Scientific research.
Monitoring.
Education.
Infrastructure Development.
October 14, 2011
Reported from the Committee on Natural Resources with an amendment
October 14, 2011
The Committee on Transportation and Infrastructure discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed