[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 760 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 760

 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 SENATE OF THE UNITED STATES

                April 7 (legislative day, April 5), 2011

 Mr. Warner (for himself and Mr. Webb) introduced the following bill; 
 which was read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 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. DEFINITIONS.

    In this Act:
            (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 that--
                    (A) includes 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; and
                    (B) uses the results of the activities described in 
                subparagraph (A) to modify management policies, 
                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 
        within the Chesapeake Bay States, consisting of 36 tributary 
        basins, through which precipitation drains into the Chesapeake 
        Bay, as determined by the Secretary of the Interior.
            (5) Chesapeake executive council.--The term ``Chesapeake 
        Executive Council'' has the meaning given the term by section 
        307 of the National Oceanic and Atmospheric Administration 
        Authorization Act of 1992 (15 U.S.C. 1511d).
            (6) Chief executive.--The term ``chief executive'' means, 
        in the case of a State or Commonwealth, the Governor of each 
        State or Commonwealth and, in the case of the District of 
        Columbia, the Mayor of the District of Columbia.
            (7) Director.--The term ``Director'' means the Director of 
        the Office of Management and Budget.
            (8) Restoration activity.--
                    (A) In general.--The term ``restoration activity'' 
                means any Federal or State program or project that 
                directly or indirectly protects, conserves, or restores 
                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.
                    (B) Inclusions.--The term ``restoration activity'' 
                includes any 1 or more of the following:
                            (i) Physical restoration.
                            (ii) Planning.
                            (iii) Feasibility studies.
                            (iv) Scientific research.
                            (v) Monitoring.
                            (vi) Education.
                            (vii) Infrastructure Development.

SEC. 3. 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 annually 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 intraagency transfer, for each Federal 
                agency that carries 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 amounts received and 
        obligated by each Federal agency for restoration activities 
        during the current and preceding fiscal years, including the 
        identification of amounts that 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 amounts 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, program, or responsible agency;
                    (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, if any; 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) Submission.--Not later than 30 days after the date on which the 
President submits the annual budget to Congress under section 1105 of 
title 31, United States Code, the Director shall submit the report 
required by subsection (a) to--
            (1) the Committees on Appropriations, Natural Resources, 
        Energy and Commerce, and Transportation and Infrastructure of 
        the House of Representatives; and
            (2) the Committees on Appropriations, Environment and 
        Public Works, and Commerce, Science, and Transportation of the 
        Senate.
    (d) 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 under section 1105 of title 31, 
United States Code.

SEC. 4. ADAPTIVE MANAGEMENT PLAN.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Administrator, in consultation with appropriate 
Federal and State agencies, shall develop and implement an adaptive 
management plan for restoration activities in the Chesapeake Bay 
watershed that includes--
            (1) a description 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) Updates.--The Administrator shall update the adaptive 
management plan developed under subsection (a) every 3 years.
    (c) Report to Congress.--
            (1) In general.--Not later than 60 days after the end of 
        each fiscal year, the Administrator shall submit to Congress a 
        report describing the implementation of the adaptive management 
        plan required under this section for that 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. 5. 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--
            (1) restoration activities and the use of adaptive 
        management in restoration activities; and
            (2) any related topics that 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 
Congress describing the findings and recommendations of the Independent 
Evaluator under subsection (a) every 3 years.
                                 <all>