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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Chesapeake Bay Ac3 countability and Recovery Act of 2014’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

6 (1) ADMINISTRATOR.—The term ‘‘Adminis7 trator’’ means the Administrator of the Environ8 mental Protection Agency. 

9 (2) CHESAPEAKE BAY STATE.—The term 

10 ‘‘Chesapeake Bay State’’ or ‘‘State’’ means any of— 

11 (A) the States of Maryland, West Virginia, 

12 Delaware, and New York; 

13 (B) the Commonwealths of Virginia and 

14 Pennsylvania; and 

15 (C) the District of Columbia. 

16 (3) CHESAPEAKE BAY WATERSHED.—The term 

17 ‘‘Chesapeake Bay watershed’’ means all tributaries, 

18 backwaters, and side channels, including watersheds, 

19 draining into the Chesapeake Bay. 

20 (4) CHESAPEAKE EXECUTIVE COUNCIL.—The 

21 term ‘‘Chesapeake Executive Council’’ has the mean22 ing given the term by section 117(a) of the Federal 

23 Water Pollution Control Act (33 U.S.C. 1267(a)). 

24 (5) CHIEF EXECUTIVE.—The term ‘‘chief exec25 utive’’ means, in the case of a State or Common26 wealth, the Governor of the State or Commonwealth 
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1 and, in the case of the District of Columbia, the 

2 Mayor of the District of Columbia. 

3 (6) DIRECTOR.—The term ‘‘Director’’ means 

4 the Director of the Office of Management and Budg5 et. 

6 (7) FEDERAL RESTORATION ACTIVITY.— 

7 (A) IN GENERAL.—The term ‘‘Federal res8 toration activity’’ means a Federal program or 

9 project carried out under Federal authority in 

10 existence as of the date of enactment of this 

11 Act with the express intent to directly protect, 

12 conserve, or restore living resources, habitat, 

13 water resources, or water quality in the Chesa14 peake Bay watershed, including programs or 

15 projects that provide financial and technical as16 sistance to promote responsible land use, stew17 ardship, and community engagement in the 

18 Chesapeake Bay watershed. 

19 (B) CATEGORIZATION.—Federal restora20 tion activities may be categorized as follows: 

21 (i) Physical restoration. 

22 (ii) Planning. 

23 (iii) Feasibility studies. 

24 (iv) Scientific research. 

25 (v) Monitoring. 
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1 (vi) Education. 

2 (vii) Infrastructure development. 

3 (8) STATE RESTORATION ACTIVITY.— 

4 (A) IN GENERAL.—The term ‘‘State res5 toration activity’’ means any State program or 

6 project carried out under State authority that 

7 directly or indirectly protect, conserve, or re8 store living resources, habitat, water resources, 

9 or water quality in the Chesapeake Bay water10 shed, including programs or projects that pro11 mote responsible land use, stewardship, and 

12 community engagement in the Chesapeake Bay 

13 watershed. 

14 (B) CATEGORIZATION.—State restoration 

15 activities may be categorized as follows: 

16 (i) Physical restoration. 

17 (ii) Planning. 

18 (iii) Feasibility studies. 

19 (iv) Scientific research. 

20 (v) Monitoring. 

21 (vi) Education. 

22 (vii) Infrastructure development. 

23 SEC. 3. CHESAPEAKE BAY CROSSCUT BUDGET. 

24 (a) IN GENERAL.—The Director, in consultation with 

25 the Chesapeake Executive Council, the chief executive of 
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1 each Chesapeake Bay State, and the Chesapeake Bay 

2 Commission, shall submit to Congress a financial report 

3 containing— 

4 (1) an interagency crosscut budget that dis5 plays, as applicable— 

6 (A) the proposed funding for any Federal 

7 restoration activity to be carried out in the suc8 ceeding fiscal year, including any planned inter9 agency or intra-agency transfer, for each of the 

10 Federal agencies that carry out restoration ac11 tivities; 

12 (B) to the extent that information is avail13 able, the estimated funding for any State res14 toration activity to be carried out in the suc15 ceeding fiscal year; 

16 (C) all expenditures for Federal restoration 

17 activities from the preceding 2 fiscal years, the 

18 current fiscal year, and the succeeding fiscal 

19 year; 

20 (D) all expenditures, to the extent that in21 formation is available, for State restoration ac22 tivities during the equivalent time period de23 scribed in subparagraph (C); and 

24 (E) a section that identifies and evaluates, 

25 based on need and appropriateness, specific op-
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1 portunities to consolidate similar programs and 

2 activities within the budget and recommenda3 tions to Congress for legislative action to 

4 streamline, consolidate, or eliminate similar 

5 programs and activities within the budget; 

6 (2) a detailed accounting of all funds received 

7 and obligated by each Federal agency for restoration 

8 activities during the current and preceding fiscal 

9 years, including the identification of funds that were 

10 transferred to a Chesapeake Bay State for restora11 tion activities; 

12 (3) to the extent that information is available, 

13 a detailed accounting from each State of all funds 

14 received and obligated from a Federal agency for 

15 restoration activities during the current and pre16 ceding fiscal years; and 

17 (4) a description of each of the proposed Fed18 eral and State restoration activities to be carried out 

19 in the succeeding fiscal year (corresponding to those 

20 activities listed in subparagraphs (A) and (B) of 

21 paragraph (1)), including— 

22 (A) the project description; 

23 (B) the current status of the project; 
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1 (C) the Federal or State statutory or regu2 latory authority, program, or responsible agen3 cy; 

4 (D) the authorization level for appropria5 tions; 

6 (E) the project timeline, including bench7 marks; 

8 (F) references to project documents; 

9 (G) descriptions of risks and uncertainties 

10 of project implementation; 

11 (H) a list of coordinating entities; 

12 (I) a description of the funding history for 

13 the project; 

14 (J) cost sharing; and 

15 (K) alignment with the existing Chesa16 peake Bay Agreement, Chesapeake Executive 

17 Council goals and priorities, and Annual Action 

18 Plan required by section 205 of Executive 

19 Order 13508 (33 U.S.C. 1267 note; relating to 

20 Chesapeake Bay protection and restoration). 

21 (b) MINIMUM FUNDING LEVELS.—In describing res22 toration activities in the report required under subsection 

23 (a), the Director shall only include— 

24 (1) for the first 3 years that the report is re25 quired, descriptions of— 
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1 (A) Federal restoration activities that have 

2 funding amounts greater than or equal to 

3 $300,000; and 

4 (B) State restoration activities that have 

5 funding amounts greater than or equal to 

6 $300,000; and 

7 (2) for every year thereafter, descriptions of— 

8 (A) Federal restoration activities that have 

9 funding amounts greater than or equal to 

10 $100,000; and 

11 (B) State restoration activities that have 

12 funding amounts greater than or equal to 

13 $100,000. 

14 (c) DEADLINE.—The Director shall submit to Con15 gress the report required by subsection (a) not later than 

16 September 30 of each year. 

17 (d) REPORT.—Copies of the report required by sub18 section (a) shall be submitted to the Committees on Ap19 propriations, Natural Resources, Energy and Commerce, 

20 and Transportation and Infrastructure of the House of 

21 Representatives and the Committees on Appropriations, 

22 Environment and Public Works, and Commerce, Science, 

23 and Transportation of the Senate. 
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1 (e) EFFECTIVE DATE.—This section shall apply be2 ginning with the first fiscal year after the date of enact3 ment of this Act. 

4 SEC. 4. INDEPENDENT EVALUATOR FOR THE CHESAPEAKE 

5 BAY PROGRAM. 

6 (a) IN GENERAL.—There shall be an Independent 

7 Evaluator for restoration activities in the Chesapeake Bay 

8 watershed, who shall review and report on— 

9 (1) restoration activities; and 

10 (2) any related topics that are suggested by the 

11 Chesapeake Executive Council. 

12 (b) APPOINTMENT.— 

13 (1) IN GENERAL.—Not later than 30 days after 

14 the date of submission of nominees by the Chesa15 peake Executive Council, the Independent Evaluator 

16 shall be appointed by the Administrator from among 

17 nominees submitted by the Chesapeake Executive 

18 Council with the consultation of the scientific com19 munity. 

20 (2) NOMINATIONS.—The Chesapeake Executive 

21 Council may nominate for consideration as Inde22 pendent Evaluator a science-based institution of 

23 higher education. 

24 (3) REQUIREMENTS.—The Administrator shall 

25 only select as Independent Evaluator a nominee that 
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1 the Administrator determines demonstrates excel2 lence in marine science, policy evaluation, or other 

3 studies relating to complex environmental restora4 tion activities. 

5 (c) REPORTS.—Not later than 180 days after the 

6 date of appointment and once every 2 years thereafter, 

7 the Independent Evaluator shall submit to Congress a re8 port describing the findings and recommendations of re9 views conducted under subsection (a). 

10 SEC. 5. PROHIBITION ON NEW FUNDING. 

11 No additional funds are authorized to be appro12 priated 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 Managewatershed, and for other purposes. for restoration activities in the Chesapeake Bay ment and Budget to prepare a crosscut budget