[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1000 Engrossed in Senate (ES)]
113th CONGRESS
2d Session
S. 1000
_______________________________________________________________________
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.
Passed the Senate December 2, 2014.
Attest:
Secretary.
113th CONGRESS
2d Session
S. 1000
_______________________________________________________________________
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.