Chesapeake Bay Accountability and Recovery Act of 2013

To require the Office of Management and Budget to prepare a crosscut budget for restoration activities in the Chesapeake Bay watershed, to require the Environmental Protection Agency to develop and implement an adaptive management plan, and for other purposes. 1. Short title This Act may be cited as the Chesapeake Bay Accountability and Recovery Act of 2013 2. 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 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 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; 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 all Federal agencies for restoration activities during the current and preceding fiscal years, including the identification of funds which 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 the— (A) project description; (B) current status of the project; (C) Federal or State statutory or regulatory authority, programs, or responsible agencies; (D) authorization level for appropriations; (E) project timeline, including benchmarks; (F) references to project documents; (G) descriptions of risks and uncertainties of project implementation; (H) adaptive management actions or framework; (I) coordinating entities; (J) funding history; (K) cost-sharing; 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) (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 The Director shall submit to Congress the report required by subsection (a) (d) Report Copies of the financial report required by subsection (a) (e) 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. 3. Adaptive Management Plan (a) In general Not later than 1 year after the date of enactment of this Act, the Administrator, in consultation with other Federal and State agencies, shall develop an adaptive management plan for restoration activities in the Chesapeake Bay watershed that includes— (1) 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) (5) a process for prioritizing restoration activities and programs to which adaptive management shall be applied. (b) Implementation The Administrator shall implement the adaptive management plan developed under subsection (a) (c) Updates The Administrator shall update the adaptive management plan developed under subsection (a) (d) Report to Congress (1) In general Not later than 60 days after the end of a fiscal year, the Administrator shall transmit to Congress an annual report on the implementation of the adaptive management plan required under this section for such 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. (e) Inclusion of plan in Annual Action Plan and Annual Progress Report The Administrator shall ensure that the Annual Action Plan and Annual Progress Report required by section 205 of Executive Order 13508 includes the adaptive management plan outlined in subsection (a). 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 restoration activities and the use of adaptive management in restoration activities, including on such related topics as 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 The Independent Evaluator shall submit a report to the Congress every 2 years in the findings and recommendations of reviews under this section. (d) Chesapeake Executive Council In this section, the term Chesapeake Executive Council Public Law 102–567 5. Definitions In this Act, the following definitions apply: (1) Adaptive Management The term adaptive management (2) Administrator The term Administrator (3) Chesapeake Bay State The term Chesapeake Bay State State (4) Chesapeake Bay Watershed The term Chesapeake Bay watershed (5) Chief Executive The term chief executive (6) Director The term Director (7) Restoration Activities The term restoration activities (A) Physical restoration. (B) Planning. (C) Feasibility studies. (D) Scientific research. (E) Monitoring. (F) Education. (G) Infrastructure Development. May 19, 2014 Reported from the Committee on Natural Resources May 19, 2014 The Committee on Transportation and Infrastructure

Summary: Chesapeake Bay Accountability and Recovery Act of 2013 - Requires the Director of the Office of Management and Budget (OMB), in consultation with the Chesapeake Executive Council, the chief executive of each Chesapeake Bay state, and the Chesapeake Bay Commission, to submit to Congress a financial report containing: (1) an interagency crosscut budget for restoration activities that protect, conserve, or restore living resources, habitat, water resources, or water quality in the Chesapeake Bay watershed; (2) an accounting of funds received and obligated by all federal agencies for restoration activities; (3) an accounting from each state of all funds received and obligated from a federal agency for restoration activities; and (4) a description of each of the proposed federal and state restoration activities. Requires such report to describe only federal or state restoration activities that have funding amounts of at least $100,000 or $50,000, respectively. Requires the Administrator of the Environmental Protection Agency (EPA) to develop and update biennially 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 such objectives; and (5) a process for prioritizing restoration activities and programs to which adaptive management shall be applied. Requires the Administrator to: (1) report annually to Congress on implementation of such plan, and (2) include such plan in the Annual Action Plan and Annual Progress Report. Requires appointment of an Independent Evaluator for the Chesapeake Bay watershed, who shall review and report to Congress biennially on restoration activities and the use of adaptive management in such activities, from among nominees submitted by the Chesapeake Executive Council.