[House Report 111-272]
[From the U.S. Government Publishing Office]
111th Congress Rept. 111-272
HOUSE OF REPRESENTATIVES
1st Session Part 1
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CHESAPEAKE BAY ACCOUNTABILITY AND RECOVERY ACT OF 2009
_______
September 29, 2009.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Rahall, from the Committee on Natural Resources, submitted the
following
R E P O R T
[To accompany H.R. 1053]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
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, 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 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 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. INDEPENDENT EVALUATOR FOR THE CHESAPEAKE BAY PROGRAM.
(a) In General.--There shall be an Independent Evaluator for the
Chesapeake Bay Program, 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.
(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. 1053 is 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.
BACKGROUND AND NEED FOR LEGISLATION
In the last 30 years, the United States has devoted
enormous effort and committed billions of dollars toward
restoring large ecosystems such as the Chesapeake Bay, the
Great Lakes, the Florida Everglades and the California Bay-
Delta. The Chesapeake Bay Partnership includes 10 federal
agencies, 6 states, and the District of Columbia, as well as
thousands of localities and non-governmental organizations all
contributing to help restore the health of the Bay.
Coordination and oversight of the funding and implementation of
restoration activities remains challenging and sometimes
controversial for this complex endeavor.
To address the complexity of organizing, managing and
implementing ecosystem-based restoration initiatives, some
participating agencies have implemented crosscut budgets. A
crosscut budget is used to present budget information from two
or more agencies whose activities are targeted to address a
common policy goal. Crosscut budgets can assist in making data
from multiple agencies more understandable, help track program
accomplishments, measure progress towards achieving program
goals, and help coordinate and organize restoration priorities.
Adaptive management is another tool used in implementing
complex environmental restoration activities. Adaptive
management incorporates new information from scientific
studies, and new or unforeseen circumstances, into the
restoration planning initiatives to assure that the restoration
goals are achieved efficiently and effectively.
On May 12, 2009, President Obama signed an Executive Order
to refocus and direct federal government activities to protect
and restore the Chesapeake Bay. This new order established a
new Federal Leadership Committee to complete reports on the key
challenges to protecting and restoring the Bay and required the
identification of tools and strategies to address these
challenges which include water quality and storm water
management; the effects of a changing climate; the need for
better coordination and targeting of federal resources; and the
need for strengthened federal research activities and
scientific support for decision-makers. While comprehensive in
scope, this order did not direct the federal government to
develop a crosscut budget to identify relevant federal program
expenditures nor to link these expenditures to measureable
performance goals and milestones.
COMMITTEE ACTION
H.R. 1053 was introduced on February 12, 2009 by
Representative Robert J. Wittman (R-VA). The bill was referred
to the Committee on Natural Resources, and within the Committee
to the Subcommittee on Insular Affairs, Oceans and Wildlife. On
July 8, 2009, the Subcommittee held a hearing on the bill.
On July 29, 2009, the Subcommittee was discharged from
further consideration of H.R. 1053 and the full Natural
Resources Committee met to consider the bill. Rep. Wittman
offered an amendment in the nature of a substitute to direct
the EPA Administrator to appoint an independent evaluator to
report on the effectiveness of restoration activities and
efforts at adaptive management. The amendment was adopted by
unanimous consent. The bill, as amended, was then ordered
favorably reported to the House of Representatives by unanimous
consent.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
Section 1 provides that this Act may be cited as the
``Chesapeake Bay Accountability and Recovery Act of 2009.''
Section 2. Chesapeake Bay crosscut budget
Section 2 directs the Director of the Office of Management
and Budge (OMB) to prepare a financial report containing an
interagency crosscut budget. The crosscut budget will display
proposed funding for federal restoration activity, estimated
funding for state restoration activity, and expenditures for
federal restoration for the preceding 3 fiscal years and
current year, and expenditures for state restoration during the
equivalent time period. Also included in the financial report
will be accounting of all funds received and obligated by
federal agencies for restoration activities; accounting from
each state for funds received and obligated from a federal
agency for restoration activities; and a description of each
proposed federal and state restoration activity.
Section 3. Adaptive management plan
Section 3 directs the Administrator of the Environmental
Protection Agency to develop an adaptive management plan for
the Chesapeake Bay Program and restoration activities. The
adaptive management plan will include specific measurable
objectives to improve water quality, habitat and fisheries; a
process for stakeholder participation; research and evaluation
practices; a modification process; and a process for
prioritizing the restoration activities to which adaptive
management will be applied. Additionally, this section
instructs the Administrator to prepare an annual report to
Congress.
Section 4. Independent evaluator for the Chesapeake Bay Program
Section 4 directs the EPA Administrator to appoint an
Independent Evaluator to review and report on restoration
activities and the use of adaptive management. The Independent
Evaluator will submit a report to Congress every 3 years,
detailing findings and recommendations of the evaluation.
Section 5. Definitions
Section 5 defines key terms included in the bill.
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.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) 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)(3)(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.
2. 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 budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is 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.
4. Congressional Budget Office Cost Estimate. 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. 1053--Chesapeake Bay Accountability and Recovery Act of 2009
H.R. 1053 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 three 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 management plan
for the bay.
Based on information from EPA, CBO estimates that
implementing this legislation would cost about $1 million in
2010 and less than $500,000 annually in subsequent years,
subject to the availability of appropriations. Enacting the
bill would not affect direct spending or receipts.
H.R. 1053 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.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
EARMARK STATEMENT
H.R. 1053 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e) or 9(f) of rule XXI.
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.