[Congressional Record Volume 155, Number 138 (Tuesday, September 29, 2009)]
[House]
[Pages H10012-H10013]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         CHESAPEAKE BAY ACCOUNTABILITY AND RECOVERY ACT OF 2009

  Ms. BORDALLO. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 1053) 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, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1053

       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 2009''.

     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--
       (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.

     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.
       (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.

     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.
       (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).

     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.

[[Page H10013]]

       (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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Guam (Ms. Bordallo) and the gentleman from Virginia (Mr. Wittman) each 
will control 20 minutes.
  The Chair recognizes the gentlewoman from Guam.


                             General Leave

  Ms. BORDALLO. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Guam?
  There was no objection.
  Ms. BORDALLO. Mr. Speaker, restoration of Chesapeake Bay continues to 
be a very important goal for Congress and the administration, yet 
accounting and oversight is difficult because the restoration 
activities are managed concurrently by a network of Federal agencies, 
States, and nongovernmental organizations.
  The pending measure introduced by our colleague, Mr. Wittman of 
Virginia, would enhance congressional oversight of restoration 
activities in Chesapeake Bay by requiring the preparation of a crosscut 
budget. It would also require the Environmental Protection Agency and 
other partners to develop and implement a comprehensive adaptive 
management strategy for restoration activities to ensure that the best 
available scientific information is incorporated.
  So I ask Members, Mr. Speaker, to support H.R. 1053.
  I reserve the balance of my time.
  Mr. WITTMAN. 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 legislation to the floor.
  I am honored to represent Virginia's First Congressional District. 
The First District includes many of the bay's major tributaries and 
borders much of the Chesapeake's shores. Improving the health of the 
bay is a priority to me and many of my constituents, and I think most 
Members of Congress.
  As Members have heard on a number of occasions, the health of the 
Chesapeake Bay is in trouble. While the States and Federal Government 
continue to fund restoration activities, the news has not been getting 
much better. It is time we reevaluate our efforts and determine if we 
can get better results from Federal and State expenditures.
  I offered H.R. 1053, the Chesapeake Bay Accountability and Recovery 
Act, to address these issues and help move forward bay cleanup efforts.
  H.R. 1053 would implement and strengthen management techniques like 
crosscut budgeting and adaptive management to ensure that we get more 
bang for our buck and continue to make progress in Chesapeake Bay 
restoration efforts.
  Both techniques will ensure that we're coordinating how restoration 
dollars are spent and making sure that everyone understands how 
individual projects fit into the bigger picture. That way, we're not 
duplicating efforts, wasting money, or working at cross purposes.
  H.R. 1053 would require the Office of Management and Budget, in 
coordination with State and Federal agencies involved in the bay, to 
report to Congress on the status of Chesapeake Bay restoration 
activities. This legislation would also require the Environmental 
Protection Agency to develop and implement an adaptive management plan 
for the Chesapeake Bay and all of its restoration activities.
  Finally, on recommendations heard during committee hearings on this 
bill, we included the creation of an independent evaluator for the bay. 
An independent evaluator will serve to help implement adaptive 
management and drive success in the bay program.
  I believe that these are key components for the complex restoration 
activities necessary to truly bring the bay back to a state that we 
will all be pleased with.
  I ask my colleagues to support H.R. 1053.
  I reserve the balance of my time.
  Ms. BORDALLO. Mr. Speaker, I yield to the gentleman from Maryland 
(Mr. Sarbanes) such time as he may consume.
  Mr. SARBANES. 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 a good way 
of bringing more of a comprehensive perspective to our efforts on 
behalf of the Chesapeake Bay.
  As many have mentioned, you know, we're talking about the bay, we're 
talking about a watershed with a tributary system that originates in 
six States and the District of Columbia, all flowing into the 
Chesapeake Bay. So we've got a lot of geographic areas to manage and 
link together, as well as numerous organizations, governmental and 
nongovernmental organizations, citizens organizations, educational 
organizations, that are all working on the same goal.
  There's only benefit that can be had when you bring this crosscutting 
perspective in terms of the dollars that are spent, and I want to 
congratulate Congressman Wittman for bringing that kind of discipline 
to the overall program.
  I also just wanted to emphasize the adaptive management strategy, 
because in a way this dovetails very nicely with the bill we just spoke 
about regarding reauthorization of the NOAA office, and the reason is 
that what adaptive management strategies are all about is recognizing 
if you can adopt a certain strategy to deal with the health of the 
Chesapeake Bay, and then just put it on a course, it never changes.

                              {time}  1500

  Science is always changing, and because science changes, we have to 
adjust to make sure that our management strategies reflect that 
science. The very kind of information and data that the NOAA office 
will be producing because it is reauthorized is the exact kind of data 
that can be used for this adaptive management approach.
  So I think this is a very good and strong bill, and is going to 
enhance our efforts to protect and preserve and strengthen the 
Chesapeake Bay over time. I congratulate Congressman Wittman for his 
efforts, and I urge support of the bill.
  Mr. WITTMAN. Mr. Speaker, we have no additional speakers, and with 
that I yield back the balance of my time.
  Ms. BORDALLO. Mr. Speaker, I applaud the author of this legislation, 
Mr. Wittman of Virginia, and I again urge Members to support this very 
important legislation.
  I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Guam (Ms. Bordallo) that the House suspend the rules 
and pass the bill, H.R. 1053, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Ms. BORDALLO. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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