33 USC 1267 - Chesapeake Bay

U.S Code last checked for updates: Apr 27, 2024

§ 1267.

Chesapeake Bay

(a)

Definitions

In this section, the following definitions apply:

(1)

Administrative cost

(2)

Chesapeake Bay Agreement

(3)

Chesapeake Bay ecosystem

(4)

Chesapeake Bay Program

(5)

Chesapeake Executive Council

(6)

Signatory jurisdiction

(b)

Continuation of Chesapeake Bay Program

(1)

In general

(2)

Program Office

(A)

In general

(B)

Function

The Chesapeake Bay Program Office shall provide support to the Chesapeake Executive Council by—

(i)

implementing and coordinating science, research, modeling, support services, monitoring, data collection, and other activities that support the Chesapeake Bay Program;

(ii)

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;

(iii)

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;

(iv)

coordinating the actions of the Environmental Protection Agency with the actions of the appropriate officials of other Federal agencies and State and local authorities in developing strategies to—

(I)

improve the water quality and living resources in the Chesapeake Bay ecosystem; and

(II)

obtain the support of the appropriate officials of the agencies and authorities in achieving the objectives of the Chesapeake Bay Agreement; and

(v)

implementing outreach programs for public information, education, and participation to foster stewardship of the resources of the Chesapeake Bay.

(c)

Interagency agreements

(d)

Technical assistance and assistance grants

(1)

In general

(2)

Federal share

(A)

In general

(B)

Small watershed grants program

(3)

Non-Federal share

(4)

Administrative costs

(e)

Implementation and monitoring grants

(1)

In general

If a signatory jurisdiction has approved and committed to implement all or substantially all aspects of the Chesapeake Bay Agreement, on the request of the chief executive of the jurisdiction, the Administrator—

(A)

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

(B)

may make a grant to a signatory jurisdiction for the purpose of monitoring the Chesapeake Bay ecosystem.

(2)

Proposals

(A)

In general

(B)

Contents

A proposal under subparagraph (A) shall include—

(i)

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

(ii)

the estimated cost of the actions proposed to be taken during the fiscal year.

(3)

Approval

(4)

Federal share

(5)

Non-Federal share

(6)

Administrative costs

(7)

Reporting

On or before October 1 of each fiscal year, the Administrator shall make available to the public a document that lists and describes, in the greatest practicable degree of detail—

(A)

all projects and activities funded for the fiscal year;

(B)

the goals and objectives of projects funded for the previous fiscal year; and

(C)

the net benefits of projects funded for previous fiscal years.

(f)

Federal facilities and budget coordination

(1)

Subwatershed planning and restoration

(2)

Compliance with agreement

(3)

Budget coordination

(A)

In general

(B)

Disclosure to the Council

(g)

Chesapeake Bay Program

(1)

Management strategies

The Administrator, in coordination with other members of the Chesapeake Executive Council, shall ensure that management plans are developed and implementation is begun by signatories to the Chesapeake Bay Agreement to achieve and maintain—

(A)

the nutrient goals of the Chesapeake Bay Agreement for the quantity of nitrogen and phosphorus entering the Chesapeake Bay and its watershed;

(B)

the water quality requirements necessary to restore living resources in the Chesapeake Bay ecosystem;

(C)

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;

(D)

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

(E)

the restoration, protection, creation, and enhancement goals established by the Chesapeake Bay Agreement signatories for living resources associated with the Chesapeake Bay ecosystem.

(2)

Small watershed grants program

The Administrator, in cooperation with the Chesapeake Executive Council, shall—

(A)

establish a small watershed grants program as part of the Chesapeake Bay Program; and

(B)

offer technical assistance and assistance grants under subsection (d) to local governments and nonprofit organizations and individuals in the Chesapeake Bay region to implement—

(i)

cooperative tributary basin strategies that address the water quality and living resource needs in the Chesapeake Bay ecosystem; and

(ii)

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.

(h)

Study of Chesapeake Bay Program

(1)

In general

(2)

Requirements

The study and report shall—

(A)

assess the state of the Chesapeake Bay ecosystem;

(B)

compare the current state of the Chesapeake Bay ecosystem with its state in 1975, 1985, and 1995;

(C)

assess the effectiveness of management strategies being implemented on November 7, 2000, and the extent to which the priority needs are being met;

(D)

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

(E)

be presented in such a format as to be readily transferable to and usable by other watershed restoration programs.

(i)

Special study of living resource response

(1)

In general

(2)

Requirements

The study shall—

(A)

determine the current status and trends of living resources, including grasses, benthos, phytoplankton, zooplankton, fish, and shellfish;

(B)

establish to the extent practicable the rates of recovery of the living resources in response to improved water quality condition;

(C)

evaluate and assess interactions of species, with particular attention to the impact of changes within and among trophic levels; and

(D)

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.

(3)

Annual survey

(j)

Authorization of appropriations

There are authorized to be appropriated to carry out this section—

(1)

for fiscal year 2021, $90,000,000;

(2)

for fiscal year 2022, $90,500,000;

(3)

for fiscal year 2023, $91,000,000;

(4)

for fiscal year 2024, $91,500,000; and

(5)

for fiscal year 2025, $92,000,000.

(June 30, 1948, ch. 758, title I, § 117, as added Pub. L. 100–4, title I, § 103, Feb. 4, 1987, 101 Stat. 10; amended Pub. L. 106–457, title II, § 203, Nov. 7, 2000, 114 Stat. 1967; Pub. L. 114–322, title IV, § 5007, Dec. 16, 2016, 130 Stat. 1896; Pub. L. 116–188, title I, § 109, Oct. 30, 2020, 134 Stat. 920.)

cite as: 33 USC 1267