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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1000 Enrolled Bill (ENR)]

        S.1000

                     One Hundred Thirteenth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Friday,
           the third day of January, two thousand and fourteen

                                 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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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