33 U.S.C. § 1267: Chesapeake Bay

The term “administrative cost” means the cost of salaries and fringe benefits incurred in administering a grant under this section. The term “Chesapeake Bay Agreement” means the formal, voluntary agreements executed to achieve the goal of restoring and protecting the Chesapeake Bay ecosystem and the living resources of the Chesapeake Bay ecosystem and signed by the Chesapeake Executive Council. The term “Chesapeake Bay ecosystem” means the ecosystem of the Chesapeake Bay and its watershed. The term “Chesapeake Bay Program” means the program directed by the Chesapeake Executive Council in accordance with the Chesapeake Bay Agreement. The term “Chesapeake Executive Council” means the signatories to the Chesapeake Bay Agreement. The term “signatory jurisdiction” means a jurisdiction of a signatory to the Chesapeake Bay Agreement. In cooperation with the Chesapeake Executive Council (and as a member of the Council), the Administrator shall continue the Chesapeake Bay Program. The Administrator shall maintain in the Environmental Protection Agency a Chesapeake Bay Program Office. implementing and coordinating science, research, modeling, support services, monitoring, data collection, and other activities that support the Chesapeake Bay Program; developing and making available, through publications, technical assistance, and other appropriate means, information pertaining to the environmental quality and living resources of the Chesapeake Bay ecosystem; in cooperation with appropriate Federal, State, and local authorities, assisting the signatories to the Chesapeake Bay Agreement in developing and implementing specific action plans to carry out the responsibilities of the signatories to the Chesapeake Bay Agreement; improve the water quality and living resources in the Chesapeake Bay ecosystem; and obtain the support of the appropriate officials of the agencies and authorities in achieving the objectives of the Chesapeake Bay Agreement; and implementing outreach programs for public information, education, and participation to foster stewardship of the resources of the Chesapeake Bay. The Administrator may enter into an interagency agreement with a Federal agency to carry out this section. In cooperation with the Chesapeake Executive Council, the Administrator may provide technical assistance, and assistance grants, to nonprofit organizations, State and local governments, colleges, universities, and interstate agencies to carry out this section, subject to such terms and conditions as the Administrator considers appropriate. Except as provided in subparagraph (B), the Federal share of an assistance grant provided under paragraph (1) shall be determined by the Administrator in accordance with guidance issued by the Administrator. The Federal share of an assistance grant provided under paragraph (1) to carry out an implementing activity under subsection (g)(2) shall not exceed 75 percent of eligible project costs, as determined by the Administrator. An assistance grant under paragraph (1) shall be provided on the condition that non-Federal sources provide the remainder of eligible project costs, as determined by the Administrator. Administrative costs shall not exceed 10 percent of the annual grant award. shall make a grant to the jurisdiction for the purpose of implementing the management mechanisms established under the Chesapeake Bay Agreement, subject to such terms and conditions as the Administrator considers appropriate; and may make a grant to a signatory jurisdiction for the purpose of monitoring the Chesapeake Bay ecosystem. A signatory jurisdiction described in paragraph (1) may apply for a grant under this subsection for a fiscal year by submitting to the Administrator a comprehensive proposal to implement management mechanisms established under the Chesapeake Bay Agreement. a description of proposed management mechanisms that the jurisdiction commits to take within a specified time period, such as reducing or preventing pollution in the Chesapeake Bay and its watershed or meeting applicable water quality standards or established goals and objectives under the Chesapeake Bay Agreement; and the estimated cost of the actions proposed to be taken during the fiscal year. If the Administrator finds that the proposal is consistent with the Chesapeake Bay Agreement and the national goals established under section 1251(a) of this title , the Administrator may approve the proposal for an award. The Federal share of a grant under this subsection shall not exceed 50 percent of the cost of implementing the management mechanisms during the fiscal year. A grant under this subsection shall be made on the condition that non-Federal sources provide the remainder of the costs of implementing the management mechanisms during the fiscal year. Administrative costs shall not exceed 10 percent of the annual grant award. all projects and activities funded for the fiscal year; the goals and objectives of projects funded for the previous fiscal year; and the net benefits of projects funded for previous fiscal years. A Federal agency that owns or operates a facility (as defined by the Administrator) within the Chesapeake Bay watershed shall participate in regional and subwatershed planning and restoration programs. The head of each Federal agency that owns or occupies real property in the Chesapeake Bay watershed shall ensure that the property, and actions taken by the agency with respect to the property, comply with the Chesapeake Bay Agreement, the Federal Agencies Chesapeake Ecosystem Unified Plan, and any subsequent agreements and plans. As part of the annual budget submission of each Federal agency with projects or grants related to restoration, planning, monitoring, or scientific investigation of the Chesapeake Bay ecosystem, the head of the agency shall submit to the President a report that describes plans for the expenditure of the funds under this section. The head of each agency referred to in subparagraph (A) shall disclose the report under that subparagraph with the Chesapeake Executive Council as appropriate. the nutrient goals of the Chesapeake Bay Agreement for the quantity of nitrogen and phosphorus entering the Chesapeake Bay and its watershed; the water quality requirements necessary to restore living resources in the Chesapeake Bay ecosystem; the Chesapeake Bay Basinwide Toxins Reduction and Prevention Strategy goal of reducing or eliminating the input of chemical contaminants from all controllable sources to levels that result in no toxic or bioaccumulative impact on the living resources of the Chesapeake Bay ecosystem or on human health; habitat restoration, protection, creation, and enhancement goals established by Chesapeake Bay Agreement signatories for wetlands, riparian forests, and other types of habitat associated with the Chesapeake Bay ecosystem; and the restoration, protection, creation, and enhancement goals established by the Chesapeake Bay Agreement signatories for living resources associated with the Chesapeake Bay ecosystem. establish a small watershed grants program as part of the Chesapeake Bay Program; and cooperative tributary basin strategies that address the water quality and living resource needs in the Chesapeake Bay ecosystem; and locally based protection and restoration programs or projects within a watershed that complement the tributary basin strategies, including the creation, restoration, protection, or enhancement of habitat associated with the Chesapeake Bay ecosystem. Not later than April 22, 2003 , and every 5 years thereafter, the Administrator, in coordination with the Chesapeake Executive Council, shall complete a study and submit to Congress a comprehensive report on the results of the study. assess the state of the Chesapeake Bay ecosystem; compare the current state of the Chesapeake Bay ecosystem with its state in 1975, 1985, and 1995; assess the effectiveness of management strategies being implemented on November 7, 2000 , and the extent to which the priority needs are being met; make recommendations for the improved management of the Chesapeake Bay Program either by strengthening strategies being implemented on November 7, 2000 , or by adopting new strategies; and be presented in such a format as to be readily transferable to and usable by other watershed restoration programs. Not later than 180 days after November 7, 2000 , the Administrator shall commence a 5-year special study with full participation of the scientific community of the Chesapeake Bay to establish and expand understanding of the response of the living resources of the Chesapeake Bay ecosystem to improvements in water quality that have resulted from investments made through the Chesapeake Bay Program. determine the current status and trends of living resources, including grasses, benthos, phytoplankton, zooplankton, fish, and shellfish; establish to the extent practicable the rates of recovery of the living resources in response to improved water quality condition; evaluate and assess interactions of species, with particular attention to the impact of changes within and among trophic levels; and recommend management actions to optimize the return of a healthy and balanced ecosystem in response to improvements in the quality and character of the waters of the Chesapeake Bay. The Administrator shall carry out an annual survey of sea grasses in the Chesapeake Bay. for fiscal year 2021, $90,000,000; for fiscal year 2022, $90,500,000; for fiscal year 2023, $91,000,000; for fiscal year 2024, $91,500,000; for fiscal year 2025, $92,000,000; and for each of fiscal years 2026 through 2030, $92,000,000. executed to achieve the goal of restoring and protecting the Chesapeake Bay watershed ecosystem and the living resources of the Chesapeake Bay watershed ecosystem; and signed by the Chesapeake Executive Council. The term ‘Chesapeake Bay program’ means the program directed by the Chesapeake Executive Council in accordance with the Chesapeake Bay agreements. the Chesapeake Bay; the portions of the States of Delaware, Maryland, New York, Pennsylvania, Virginia, and West Virginia that drain into the Chesapeake Bay; and the District of Columbia. the Governors of each of the States of Delaware, Maryland, New York, Pennsylvania, Virginia, and West Virginia; the Mayor of the District of Columbia; the Chair of the Chesapeake Bay Commission; and the Administrator of the Environmental Protection Agency. The term ‘Chesapeake WILD program’ means the nonregulatory program established by the Secretary under subsection (b)(1). The term ‘grant program’ means the Chesapeake Watershed Investments for Landscape Defense grant program established by the Secretary under subsection (c)(1). to preserve and improve ecosystems and ecological processes on which the fish and wildlife depend; and for use and enjoyment by the public. The term ‘Secretary’ means the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service. Not later than 180 days after the date of enactment of this Act [ Oct. 30, 2020 ], the Secretary shall establish a nonregulatory program, to be known as the ‘Chesapeake Watershed Investments for Landscape Defense program’. coordinating restoration and protection activities among Federal, State, local, and regional entities and conservation partners throughout the Chesapeake Bay watershed; engaging other agencies and organizations to build a broader range of partner support, capacity, and potential funding for projects in the Chesapeake Bay watershed; to sustain and enhance restoration and protection activities; to improve and maintain water quality to support fish and wildlife, habitats of fish and wildlife, and drinking water for people; to sustain and enhance water management for volume and flood damage mitigation improvements to benefit fish and wildlife habitat; to improve opportunities for public access and recreation in the Chesapeake Bay watershed consistent with the ecological needs of fish and wildlife habitat; to facilitate strategic planning to maximize the resilience of natural ecosystems and habitats under changing watershed conditions; to engage the public through outreach, education, and citizen involvement to increase capacity and support for coordinated restoration and protection activities in the Chesapeake Bay watershed; to sustain and enhance vulnerable communities and fish and wildlife habitat; to conserve and restore fish, wildlife, and plant corridors; and to increase scientific capacity to support the planning, monitoring, and research activities necessary to carry out coordinated restoration and protection activities. draw on existing plans for the Chesapeake Bay watershed, or portions of the Chesapeake Bay watershed, including the Chesapeake Bay agreements, and work in consultation with applicable management entities, including Chesapeake Bay program partners, such as the Federal Government, State and local governments, the Chesapeake Bay Commission, and other regional organizations, as appropriate, to identify, prioritize, and implement restoration and protection activities within the Chesapeake Bay watershed; supports the implementation of a shared set of science-based restoration and protection activities developed in accordance with subparagraph (A); and targets cost-effective projects with measurable results; and establish the grant program in accordance with subsection (c). the Administrator of the Environmental Protection Agency; the Administrator of the National Oceanic and Atmospheric Administration; the Chief of the Natural Resources Conservation Service; the Chief of Engineers; the Director of the United States Geological Survey; the Secretary of Transportation; the Chief of the Forest Service; and the head of any other applicable agency; the Governors of each of the States of Delaware, Maryland, New York, Pennsylvania, Virginia, and West Virginia and the Mayor of the District of Columbia; fish and wildlife joint venture partnerships; and other public agencies and organizations with authority for the planning and implementation of conservation strategies in the Chesapeake Bay watershed. To the extent that funds are made available to carry out this subsection, the Secretary shall establish and carry out, as part of the Chesapeake WILD program, a voluntary grant and technical assistance program, to be known as the ‘Chesapeake Watershed Investments for Landscape Defense grant program’, to provide competitive matching grants of varying amounts and technical assistance to eligible entities described in paragraph (2) to carry out activities described in subsection (b)(2). A State. The District of Columbia. A unit of local government. A nonprofit organization. An institution of higher education as such term is defined in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). Any other entity that the Secretary determines to be appropriate in accordance with the criteria established under paragraph (3). accomplish 1 or more of the purposes described in subsection (b)(2); and advance the implementation of priority actions or needs identified in the Chesapeake Bay watershed-wide strategy adopted under subsection (b)(3)(B). The Department of the Interior share of the cost of a project funded under the grant program shall not exceed 50 percent of the total cost of the project, as determined by the Secretary. The non-Department of the Interior share of the cost of a project funded under the grant program may be provided in cash or in the form of an in-kind contribution of services or materials. Non-Department of the Interior Federal funds may be used for not more than 25 percent of the total cost of a project funded under the grant program. The Secretary may enter into an agreement to manage the grant program with an organization that offers grant management services. Not later than 180 days after the date of enactment of this Act [ Oct. 30, 2020 ], and annually thereafter, the Secretary shall submit to Congress a report describing the implementation of this section, including a description of each project that has received funding under this section. There is authorized to be appropriated to carry out this section $15,000,000 for each of fiscal years 2021 through 2030. Funds made available under paragraph (1) shall supplement, and not supplant, funding for other activities conducted by the Secretary in the Chesapeake Bay watershed.” “This Act may be cited as the ‘Chesapeake Bay Accountability and Recovery Act of 2014’. The term ‘Administrator’ means the Administrator of the Environmental Protection Agency. the States of Maryland, West Virginia, Delaware, and New York; the Commonwealths of Virginia and Pennsylvania; and the District of Columbia. The term ‘Chesapeake Bay watershed’ means all tributaries, backwaters, and side channels, including watersheds, draining into the Chesapeake Bay. 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) ). 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. The term ‘Director’ means the Director of the Office of Management and Budget. 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 [ Dec. 18, 2014 ] 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. Physical restoration. Planning. Feasibility studies. Scientific research. Monitoring. Education. Infrastructure development. The term ‘State restoration activity’ means any State program or project carried out under State authority that directly or indirectly protect[s], conserve[s], or restore[s] 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. Physical restoration. Planning. Feasibility studies. Scientific research. Monitoring. Education. Infrastructure development. 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; to the extent that information is available, the estimated funding for any State restoration activity to be carried out in the succeeding fiscal year; all expenditures for Federal restoration activities from the preceding 2 fiscal years, the current fiscal year, and the succeeding fiscal year; all expenditures, to the extent that information is available, for State restoration activities during the equivalent time period described in subparagraph (C); and 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; 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; 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 the project description; the current status of the project; the Federal or State statutory or regulatory authority, program, or responsible agency; the authorization level for appropriations; the project timeline, including benchmarks; references to project documents; descriptions of risks and uncertainties of project implementation; a list of coordinating entities; a description of the funding history for the project; cost sharing; and 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). Federal restoration activities that have funding amounts greater than or equal to $300,000; and State restoration activities that have funding amounts greater than or equal to $300,000; and Federal restoration activities that have funding amounts greater than or equal to $100,000; and State restoration activities that have funding amounts greater than or equal to $100,000. The Director shall submit to Congress the report required by subsection (a) not later than September 30 of each year. 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. This section shall apply beginning with the first fiscal year after the date of enactment of this Act [ Dec. 18, 2014 ]. restoration activities; and any related topics that are suggested by the Chesapeake Executive Council. 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. The Chesapeake Executive Council may nominate for consideration as Independent Evaluator a science-based institution of higher education. 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. 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). “No additional funds are authorized to be appropriated to carry out this Act.” the Chesapeake Bay is a national treasure and a resource of worldwide significance; over many years, the productivity and water quality of the Chesapeake Bay and its watershed were diminished by pollution, excessive sedimentation, shoreline erosion, the impacts of population growth and development in the Chesapeake Bay watershed, and other factors; the Federal Government (acting through the Administrator of the Environmental Protection Agency), the Governor of the State of Maryland, the Governor of the Commonwealth of Virginia, the Governor of the Commonwealth of Pennsylvania, the Chairperson of the Chesapeake Bay Commission, and the mayor of the District of Columbia, as Chesapeake Bay Agreement signatories, have committed to a comprehensive cooperative program to achieve improved water quality and improvements in the productivity of living resources of the Bay; the cooperative program described in paragraph (3) serves as a national and international model for the management of estuaries; and there is a need to expand Federal support for monitoring, management, and restoration activities in the Chesapeake Bay and the tributaries of the Bay in order to meet and further the original and subsequent goals and commitments of the Chesapeake Bay Program. to expand and strengthen cooperative efforts to restore and protect the Chesapeake Bay; and to achieve the goals established in the Chesapeake Bay Agreement.” The Secretary shall conduct a study of nutrient loading that occurs as a result of discharges of dredged material into open-water sites in the Chesapeake Bay. Not later than 18 months after the date of enactment of this Act [ Aug. 17, 1999 ], the Secretary shall submit to Congress a report on the results of the study.”