[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1000 Enrolled Bill (ENR)]
S.1000
One Hundred Thirteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Friday,
the third day of January, two thousand and fourteen
An Act
To require the Director of the Office of Management and Budget to
prepare a crosscut budget for restoration activities in the Chesapeake
Bay watershed, 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 2014''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Chesapeake bay state.--The term ``Chesapeake Bay State'' or
``State'' means any of--
(A) the States of Maryland, West Virginia, Delaware, and
New York;
(B) the Commonwealths of Virginia and Pennsylvania; and
(C) the District of Columbia.
(3) Chesapeake bay watershed.--The term ``Chesapeake Bay
watershed'' means all tributaries, backwaters, and side channels,
including watersheds, draining into the Chesapeake Bay.
(4) Chesapeake executive council.--The term ``Chesapeake
Executive Council'' has the meaning given the term by section
117(a) of the Federal Water Pollution Control Act (33 U.S.C.
1267(a)).
(5) Chief executive.--The term ``chief executive'' means, in
the case of a State or Commonwealth, the Governor of the 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) Federal restoration activity.--
(A) In general.--The term ``Federal restoration activity''
means a Federal program or project carried out under Federal
authority in existence as of the date of enactment of this Act
with the express intent to directly protect, conserve, or
restore living resources, habitat, water resources, or water
quality in the Chesapeake Bay watershed, including programs or
projects that provide financial and technical assistance to
promote responsible land use, stewardship, and community
engagement in the Chesapeake Bay watershed.
(B) Categorization.--Federal restoration activities may be
categorized as follows:
(i) Physical restoration.
(ii) Planning.
(iii) Feasibility studies.
(iv) Scientific research.
(v) Monitoring.
(vi) Education.
(vii) Infrastructure development.
(8) State restoration activity.--
(A) In general.--The term ``State restoration activity''
means any State program or project carried out under State
authority 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.
(B) Categorization.--State restoration activities may be
categorized as follows:
(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) In General.--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, as
applicable--
(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;
(D) all expenditures, to the extent that information is
available, for State restoration activities during the
equivalent time period described in subparagraph (C); and
(E) a section that identifies and evaluates, based on need
and appropriateness, specific opportunities to consolidate
similar programs and activities within the budget and
recommendations to Congress for legislative action to
streamline, consolidate, or eliminate similar programs and
activities within the budget;
(2) a detailed accounting of all funds received and obligated
by each Federal agency for restoration activities during the
current and preceding fiscal years, including the identification of
funds 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 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--
(A) the project description;
(B) the current status of the project;
(C) the Federal or State statutory or regulatory authority,
program, or responsible agency;
(D) the authorization level for appropriations;
(E) the project timeline, including benchmarks;
(F) references to project documents;
(G) descriptions of risks and uncertainties of project
implementation;
(H) a list of coordinating entities;
(I) a description of the funding history for the project;
(J) cost sharing; and
(K) alignment with the existing Chesapeake Bay Agreement,
Chesapeake Executive Council goals and priorities, and Annual
Action Plan required by section 205 of Executive Order 13508
(33 U.S.C. 1267 note; relating to Chesapeake Bay protection and
restoration).
(b) Minimum Funding Levels.--In describing restoration activities
in the report required under subsection (a), the Director shall only
include--
(1) for the first 3 years that the report is required,
descriptions of--
(A) Federal restoration activities that have funding
amounts greater than or equal to $300,000; and
(B) State restoration activities that have funding amounts
greater than or equal to $300,000; and
(2) for every year thereafter, descriptions of--
(A) Federal restoration activities that have funding
amounts greater than or equal to $100,000; and
(B) State restoration activities that have funding amounts
greater than or equal to $100,000.
(c) Deadline.--The Director shall submit to Congress the report
required by subsection (a) not later than September 30 of each year.
(d) Report.--Copies of the 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.
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--
(1) restoration activities; and
(2) any related topics that are suggested by the Chesapeake
Executive Council.
(b) Appointment.--
(1) In general.--Not later than 30 days after the date of
submission of nominees by the Chesapeake Executive Council, the
Independent Evaluator shall be appointed by the Administrator from
among nominees submitted by the Chesapeake Executive Council with
the consultation of the scientific community.
(2) Nominations.--The Chesapeake Executive Council may nominate
for consideration as Independent Evaluator a science-based
institution of higher education.
(3) Requirements.--The Administrator shall only select as
Independent Evaluator a nominee that the Administrator determines
demonstrates excellence in marine science, policy evaluation, or
other studies relating to complex environmental restoration
activities.
(c) Reports.--Not later than 180 days after the date of appointment
and once every 2 years thereafter, the Independent Evaluator shall
submit to Congress a report describing the findings and recommendations
of reviews conducted under subsection (a).
SEC. 5. PROHIBITION ON NEW FUNDING.
No additional funds are authorized to be appropriated to carry out
this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.