[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.