[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1000 Introduced in Senate (IS)]
113th CONGRESS
1st Session
S. 1000
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 21, 2013
Mr. Warner introduced the following bill; which was read twice and
referred to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
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 2013''.
SEC. 2. DEFINITIONS.
In this Act:
(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 that--
(A) includes 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; and
(B) uses the results of activities described in
subparagraph (A) to modify management policies,
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'' mean 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.
(4) Chesapeake bay watershed.--The term ``Chesapeake Bay
watershed'' means the Chesapeake Bay and the geographic area
within the Chesapeake Bay States, consisting of 36 tributary
basins, through which precipitation drains into the Chesapeake
Bay, as determined by the Secretary of the Interior.
(5) Chesapeake executive council.--The term ``Chesapeake
Executive Council'' has the meaning given the term by section
307 of the National Oceanic and Atmospheric Administration
Authorization Act of 1992 (15 U.S.C. 1511d).
(6) 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.
(7) Director.--The term ``Director'' means the Director of
the Office of Management and Budget.
(8) Restoration activities.--
(A) In general.--The term ``restoration activity''
means any Federal or State program or project that
directly or indirectly protects, conserves, or restores
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) Inclusions.--The term ``restoration activity''
includes any one or more of the following:
(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) 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 annually 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 Federal
agency that carries 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;
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 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 description of the applicable adaptive
management actions or framework;
(I) a list of coordinating entities;
(J) a description of the funding history for the
project;
(K) cost-sharing, if any; 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.--Not later than 30 days after the date on which the
President submits the annual budget to Congress under section 1105 of
title 31, United States Code, the Director shall submit to Congress the
report required by subsection (a) to--
(1) the Committees on Appropriations, Natural Resources,
Energy and Commerce, and Transportation and Infrastructure of
the House of Representatives; and
(2) the Committees on Appropriations, Environment and
Public Works, and Commerce, Science, and Transportation of the
Senate.
(d) 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 under section 1105 of title 31,
United States Code.
SEC. 4. ADAPTIVE MANAGEMENT PLAN.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Administrator, in consultation with appropriate
Federal and State agencies, shall develop and implement an adaptive
management plan for restoration activities in the Chesapeake Bay
watershed that includes--
(1) a 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) Updates.--The Administrator shall update the adaptive
management plan developed under subsection (a) once every 2 years.
(c) Report to Congress.--
(1) In general.--Not later than 6 days after the end of
each fiscal year, the Administrator shall submit to Congress a
report on the implementation of the adaptive management plan
required under this section for that 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.
(d) Inclusion of Plan in Annual Action Plan and Annual Progress
Report.--The Administrator shall ensure that the annual Chesapeake Bay
Action Plan and Annual Progress Report required by section 205 of
Executive Order 13508 (33 U.S.C. 1267 note; relating to Chesapeake Bay
protection and restoration) includes the adaptive management plan
outlined in subsection (a).
SEC. 5. 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 the use of adaptive
management in restoration activities; and
(2) any related topics that 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.--Once every 2 years, the Independent Evaluator shall
submit to Congress a report describing the review described in
subsection (a).
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