[House Report 112-245]
[From the U.S. Government Publishing Office]
112th Congress Rept. 112-245
HOUSE OF REPRESENTATIVES
1st Session Part 1
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CHESAPEAKE BAY ACCOUNTABILITY AND RECOVERY ACT OF 2011
_______
October 14, 2011.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Hastings of Washington, from the Committee on Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 258]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (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, having considered the
same, report favorably thereon with an amendment and recommend
that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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 2 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 2 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.
(e) 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).
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 2 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.
(B) Planning.
(C) Feasibility studies.
(D) Scientific research.
(E) Monitoring.
(F) Education.
(G) Infrastructure Development.
PURPOSE OF THE BILL
The purpose of H.R. 258, as ordered reported, is to require
the Office of Management and Budget to prepare a crosscut
budget for restoration activities in the Chesapeake Bay
watershed, and to require the Environmental Protection Agency
to develop and implement an adaptive management plan.
BACKGROUND AND NEED FOR LEGISLATION
The Chesapeake Bay supports more than 3,600 species of
fish, plants and wildlife, and as one of the largest estuaries
in the world, it generates more than $1 billion in economic
activity.
A number of federal agencies are involved in restoration
activities in and around the Chesapeake Bay including the
National Oceanic and Atmospheric Administration, the U.S. Fish
and Wildlife Service, the Environmental Protection Agency
(EPA), the National Park Service, the U.S. Geological Survey,
the U.S. Department of Agriculture, and the U.S. Army Corps of
Engineers. Because multiple federal and State agencies take
part in various aspects of Chesapeake Bay restoration,
coordination on projects and funding is not always apparent. In
addition, while millions of tax dollars have been spent to
improve the quality of the Bay, these funds are distributed
among many agencies and departments. According to the Fiscal
Year 2011 Action Plan, federal funding totals as much as $490
million in Fiscal Year 2011 alone. The many federal and State
Chesapeake Bay restoration programs lack a single comprehensive
reporting system for the funding of these activities. This
legislation would bring transparency to federal funding of all
restoration activities, and would institute measurable
objectives to ensure that both federal and State dollars spent
on restoration are producing positive results.
The primary components of H.R. 258 are: (1) a requirement
that a cross-cut budget be submitted to Congress; (2) a
requirement that EPA, in consultation with other federal and
State agencies, develop an adaptive management plan for
restoration activities; and (3) a requirement for the
appointment of an independent evaluator to review restoration
activities and to report to Congress.
While some of the objectives of H.R. 258 are included in
Executive Order 13508 on Chesapeake Bay Protection and
Restoration, issued in May 2009, progress has been slow, and
EPA has not implemented the requirements of the Executive
Order. In addition, H.R. 258 would codify the requirement for a
cross-cut budget. While the Executive Order contains a similar
budget requirement, Administration budget requests still do not
provide adequate transparency, and the Executive Order does not
require that the cross-cut budget requests be submitted to
Congress.
COMMITTEE ACTION
H.R. 258 was introduced on January 7, 2011, by Congressman
Rob Wittman (R-VA). The bill was referred primarily to the
Committee on Natural Resources, and within the Committee to the
Subcommittee on Fisheries, Wildlife, Oceans, and Insular
Affairs. The bill was also referred to the Committee on
Transportation and Infrastructure. On April 7, 2011, the
Subcommittee on Fisheries, Wildlife, Oceans, and Insular
Affairs held a hearing on the bill. On July 20, 2011, the Full
Resources Committee met to consider the bill. The Subcommittee
on Fisheries, Wildlife, Oceans, and Insular Affairs was
discharged by unanimous consent. Congressman Rob Wittman (R-VA)
offered an amendment; the amendment was adopted by unanimous
consent. The bill, as amended, was ordered favorably reported
to the House of Representatives by unanimous consent.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
The short title of the Act is the ``Chesapeake Bay
Accountability and Recovery Act of 2011.''
Section 2. Chesapeake Bay crosscut budget
Section 2 requires the Director of the Office of Management
and Budget, in consultation with the Chesapeake Bay Council,
the chief executive of each of the Chesapeake Bay States and
the Chesapeake Bay Commission, to submit a financial report to
Congress, no later than 30 days after the President submits his
annual budget request, which contains a crosscutting budget.
This budget should display: the proposed funding for any
federal restoration activity (equal or greater than $100,000)
for each federal agency for the succeeding year; to the extent
the information is available, an estimated funding for State
restoration activities (equal or greater than $50,000) for the
succeeding year; all federal restoration expenditures from the
preceding two years, the current year and the succeeding year;
and all expenditures for State restoration activities during
the preceding two years, the current year and the succeeding
year.
The Director is also required to submit to Congress a
detailed accounting of all funds received and obligated by all
federal agencies for restoration activities during the current
and preceding years, including funds that were transferred to a
Chesapeake Bay State for restoration activities.
The report must also contain, to the extent the 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 years.
The report must contain a description of each proposed
federal and State restoration activity to be carried out in the
succeeding year and include: a project description; the current
status of the project; the federal, State statutory or
regulatory authority, program or responsible agencies;
authorization levels for appropriations; project time lines
including benchmarks; references to project documents;
descriptions of risks and uncertainties of project
implementation; adaptive management actions or frameworks;
coordinating entities; funding history; and alignment with the
Chesapeake Bay Agreement and the Chesapeake Bay Executive
Council goals and priorities.
Section 3. Adaptive management plan
Section 3 requires the EPA Administrator, in consultation
with other federal and State agencies, to develop an adaptive
management plan for the Chesapeake Bay Program and restoration
activities that includes: definitions of specific and
measurable objectives to improve water quality, habitat and
fisheries; a process for stake holder involvement; monitoring,
modeling, experimentation and other research and evaluation
practices; a process for the modification of restoration
activities that have not met objectives; and a process for
prioritizing restoration activities to which adaptive
management shall be applied.
This section also requires that the Administrator implement
the adaptive management plan using the criteria cited above and
requires the Administrator to update the adaptive management
plan every two years.
Further, this section requires the Administrator to report
to Congress, no later than 60 days after the end of each fiscal
year, on the implementation of the adaptive management plan and
any programmatic and project level changes implemented through
the adaptive management plan.
Section 4. Independent evaluator for the Chesapeake Bay program
Section 4 requires that an Independent Evaluator be
appointed by the EPA Administrator from among nominees
submitted by the Chesapeake Bay Executive Council. The
Independent Evaluator shall review and report on restoration
activities, the use of adaptive management in restoration
activities, and on other related topics suggested by the
Chesapeake Bay Executive Council.
This section also requires the Independent Evaluator to
submit a report to Congress every two years on the findings and
recommendations.
Section 5. Definitions
Section 5 adds definitions of ``adaptive management,''
``Administrator,'' ``Chesapeake Bay State,'' ``Chesapeake Bay
watershed,'' ``chief executive,'' ``Director,'' and
``restoration activities.''
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(2)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
403 of the Congressional Budget Act of 1974, the Committee has
received the following cost estimate for this bill from the
Director of the Congressional Budget Office:
H.R. 258--Chesapeake Bay Accountability and Recovery Act of 2011
H.R. 258 would require the Environmental Protection Agency
(EPA) to develop, no later than one year after the bill's
enactment, a management plan for the Chesapeake Bay Program and
restoration activities related to the bay. EPA would be
required to update the management plan every two years. The
legislation would require new financial reports on the
Chesapeake Bay Program from the Office of Management and Budget
and would require EPA to appoint an independent evaluator, who
would review and report to the Congress on the plan.
Based on information from EPA, CBO estimates that
implementing this legislation would cost about $1 million
annually over the 2012-2016 period, subject to the availability
of appropriated funds. Enacting the bill would not affect
direct spending or receipts; therefore, pay-as-you-go
procedures do not apply.
H.R. 258 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Susanne S.
Mehlman. This estimate was approved by Theresa Gullo, Deputy
Assistant Director for Budget Analysis.
2. Section 308(a) of Congressional Budget Act. As required
by clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives and section 308(a) of the Congressional Budget
Act of 1974, this bill does not contain any new credit
authority, or an increase or decrease in revenues or tax
expenditures. Based on information from the Environmental
Protection Agency, CBO estimates that implementing this
legislation would cost about $1 million annually over the 2012-
2016 period, subject to the availability of appropriated funds.
Enacting the bill would not affect direct spending or receipts;
therefore, pay-as-you-go procedures do not apply.
3. General Performance Goals and Objectives. This bill does
not authorize funding and therefore, clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives does not
apply.
EARMARK STATEMENT
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.