    [United States Statutes at Large, Volume 128, 113th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 113-273
    113th Congress

    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,

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    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;

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    (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.

    [[Page 2970]]

    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.

    Approved December 18, 2014.

    LEGISLATIVE HISTORY--S. 1000 (H.R. 739):
    ---------------------------------------------------------------------------

    HOUSE REPORTS: No. 113-
    453, Pt. 1 (Comm. on Natural Resources) accompanying H.R. 739.
    CONGRESSIONAL RECORD, Vol. 160 (2014):
    Dec. 2, considered and passed Senate.
    Dec. 9, 10, considered and passed House.