Chesapeake Bay Accountability and Recovery Act of 2014
PL 113-273 (S.1000), enacted 12/18/2014

[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;

[[Page 128 STAT. 2969]]

            (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):
---------------------------------------------------------------------------

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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