[113th Congress Public Law 273]
[From the U.S. Government Publishing Office]
[[Page 128 STAT. 2967]]
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. <<NOTE: Dec. 18, 2014 - [S.
1000]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Chesapeake Bay
Accountability and Recovery Act of 2014.>>
SECTION 1. <<NOTE: 33 USC 1267 note.>> 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,
[[Page 128 STAT. 2968]]
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) <<NOTE: Consultation. Reports.>> 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 128 STAT. 2970]]
SEC. 4. INDEPENDENT EVALUATOR FOR THE CHESAPEAKE BAY PROGRAM.
(a) <<NOTE: Review. Reports.>> 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.-- <<NOTE: Deadline.>> 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):
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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.
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