[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6771 Introduced in House (IH)]
110th CONGRESS
2d Session
H. R. 6771
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 HOUSE OF REPRESENTATIVES
July 31, 2008
Mr. Wittman of Virginia (for himself and Mrs. Drake) 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
_______________________________________________________________________
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 2008''.
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 the
Chesapeake Bay Program and restoration activities 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. 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.
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