THE WHITE HOUSE 

Office of the Press Secretary 

 

For Immediate Release May 12, 2009 

EXECUTIVE ORDER 

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CHESAPEAKE BAY PROTECTION AND RESTORATION 

By the authority vested in me as President by the 

Constitution and the laws of the United States of America and in 

furtherance of the purposes of the Clean Water Act of 1972, as 

amended (33 U.S.C. 1251 et seq.), and other laws, and to protect 

and restore the health, heritage, natural resources, and social 

and economic value of the Nation's largest estuarine ecosystem 

and the natural sustainability of its watershed, it is hereby 

ordered as follows: 

PART 1 – PREAMBLE 

The Chesapeake Bay is a national treasure constituting 

the largest estuary in the United States and one of the largest 

and most biologically productive estuaries in the world. The 

Federal Government has nationally significant assets in the 

Chesapeake Bay and its watershed in the form of public lands, 

facilities, military installations, parks, forests, wildlife 

refuges, monuments, and museums. 

Despite significant efforts by Federal, State, and local 

governments and other interested parties, water pollution in the 

Chesapeake Bay prevents the attainment of existing State water 

quality standards and the "fishable and swimmable" goals of the 

Clean Water Act. At the current level and scope of pollution 

control within the Chesapeake Bay's watershed, restoration of 

the Chesapeake Bay is not expected for many years. The 

pollutants that are largely responsible for pollution of the 

Chesapeake Bay are nutrients, in the form of nitrogen and 

phosphorus, and sediment. These pollutants come from many 

sources, including sewage treatment plants, city streets, 

development sites, agricultural operations, and deposition from 

the air onto the waters of the Chesapeake Bay and the lands of 

the watershed. 

Restoration of the health of the Chesapeake Bay will 

require a renewed commitment to controlling pollution from all 

sources as well as protecting and restoring habitat and living 

resources, conserving lands, and improving management of natural 

resources, all of which contribute to improved water quality 

and ecosystem health. The Federal Government should lead this 

effort. Executive departments and agencies (agencies), working 

in collaboration, can use their expertise and resources to 

contribute significantly to improving the health of the 

Chesapeake Bay. Progress in restoring the Chesapeake Bay also 

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will depend on the support of State and local governments, the 

enterprise of the private sector, and the stewardship provided 

to the Chesapeake Bay by all the people who make this region 

their home. 

PART 2 – SHARED FEDERAL LEADERSHIP, PLANNING, AND ACCOUNTABILITY 

Sec. 201. Federal Leadership Committee. In order to begin 

a new era of shared Federal leadership with respect to the 

protection and restoration of the Chesapeake Bay, a Federal 

Leadership Committee (Committee) for the Chesapeake Bay is 

established to oversee the development and coordination of 

programs and activities, including data management and 

reporting, of agencies participating in protection and 

restoration of the Chesapeake Bay. The Committee shall manage 

the development of strategies and program plans for the 

watershed and ecosystem of the Chesapeake Bay and oversee their 

implementation. The Committee shall be chaired by the 

Administrator of the Environmental Protection Agency (EPA), or 

the Administrator's designee, and include senior representatives 

of the Departments of Agriculture (USDA), Commerce (DOC), 

Defense (DOD), Homeland Security (DHS), the Interior (DOI), 

Transportation (DOT), and such other agencies as determined by 

the Committee. Representatives serving on the Committee shall 

be officers of the United States. 

Sec. 202. Reports on Key Challenges to Protecting and 

Restoring the Chesapeake Bay. Within 120 days from the date of 

this order, the agencies identified in this section as the lead 

agencies shall prepare and submit draft reports to the Committee 

making recommendations for accomplishing the following steps to 

protect and restore the Chesapeake Bay: 

 (a) define the next generation of tools and actions to 

restore water quality in the Chesapeake Bay and describe the 

changes to be made to regulations, programs, and policies to 

implement these actions; 

 (b) target resources to better protect the Chesapeake Bay 

and its tributary waters, including resources under the Food 

Security Act of 1985 as amended, the Clean Water Act, and other 

laws; 

 (c) strengthen storm water management practices at Federal 

facilities and on Federal lands within the Chesapeake Bay 

watershed and develop storm water best practices guidance; 

 (d) assess the impacts of a changing climate on the 

Chesapeake Bay and develop a strategy for adapting natural 

resource programs and public infrastructure to the impacts of 

a changing climate on water quality and living resources of the 

Chesapeake Bay watershed; 

 (e) expand public access to waters and open spaces of 

the Chesapeake Bay and its tributaries from Federal lands and 

conserve landscapes and ecosystems of the Chesapeake Bay 

watershed; 

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 (f) strengthen scientific support for decisionmaking to 

restore the Chesapeake Bay and its watershed, including expanded 

environmental research and monitoring and observing systems; and 

 (g) develop focused and coordinated habitat and research 

activities that protect and restore living resources and water 

quality of the Chesapeake Bay and its watershed. 

The EPA shall be the lead agency for subsection (a) of this 

section and the development of the storm water best practices 

guide under subsection (c). The USDA shall be the lead agency 

for subsection (b). The DOD shall lead on storm water 

management practices at Federal facilities and on Federal lands 

under subsection (c). The DOI and the DOC shall share the lead 

on subsections (d), (f), and (g), and the DOI shall be lead on 

subsection (e). The lead agencies shall provide final reports 

to the Committee within 180 days of the date of this order. 

Sec. 203. Strategy for Protecting and Restoring the 

Chesapeake Bay. The Committee shall prepare and publish a 

strategy for coordinated implementation of existing programs 

and projects to guide efforts to protect and restore the 

Chesapeake Bay. The strategy shall, to the extent permitted 

by law: 

 (a) define environmental goals for the Chesapeake Bay and 

describe milestones for making progress toward attainment of 

these goals; 

(b) identify key measureable indicators of environmental 

condition and changes that are critical to effective Federal 

leadership; 

(c) describe the specific programs and strategies to 

be implemented, including the programs and strategies described 

in draft reports developed under section 202 of this order; 

 (d) identify the mechanisms that will assure that 

governmental and other activities, including data collection and 

distribution, are coordinated and effective, relying on existing 

mechanisms where appropriate; and 

 (e) describe a process for the implementation of adaptive 

management principles, including a periodic evaluation of 

protection and restoration activities. 

The Committee shall review the draft reports submitted 

by lead agencies under section 202 of this order and, in 

consultation with relevant State agencies, suggest appropriate 

revisions to the agency that provided the draft report. It 

shall then integrate these reports into a coordinated strategy 

for restoration and protection of the Chesapeake Bay consistent 

with the requirements of this order. Together with the final 

reports prepared by the lead agencies, the draft strategy shall 

be published for public review and comment within 180 days of 

the date of this order and a final strategy shall be published 

within 1 year. To the extent practicable and authorized under 

their existing authorities, agencies may begin implementing core 

elements of restoration and protection programs and strategies, 

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in consultation with the Committee, as soon as possible and 

prior to release of a final strategy. 

Sec. 204. Collaboration with State Partners. In 

preparing the reports under section 202 and the strategy under 

section 203, the lead agencies and the Committee shall consult 

extensively with the States of Virginia, Maryland, Pennsylvania, 

West Virginia, New York, and Delaware and the District of 

Columbia. The goal of this consultation is to ensure that 

Federal actions to protect and restore the Chesapeake Bay are 

closely coordinated with actions by State and local agencies in 

the watershed and that the resources, authorities, and expertise 

of Federal, State, and local agencies are used as efficiently as 

possible for the benefit of the Chesapeake Bay's water quality 

and ecosystem and habitat health and viability. 

Sec. 205. Annual Action Plan and Progress Report. 

Beginning in 2010, the Committee shall publish an annual 

Chesapeake Bay Action Plan (Action Plan) describing how Federal 

funding proposed in the President's Budget will be used to 

protect and restore the Chesapeake Bay during the upcoming 

fiscal year. This plan will be accompanied by an Annual 

Progress Report reviewing indicators of environmental conditions 

in the Chesapeake Bay, assessing implementation of the Action 

Plan during the preceding fiscal year, and recommending steps to 

improve progress in restoring and protecting the Chesapeake Bay. 

The Committee shall consult with stakeholders (including 

relevant State agencies) and members of the public in developing 

the Action Plan and Annual Progress Report. 

Sec. 206. Strengthen Accountability. The Committee, 

in collaboration with State agencies, shall ensure that an 

independent evaluator periodically reports to the Committee on 

progress toward meeting the goals of this order. The Committee 

shall ensure that all program evaluation reports, including data 

on practice or system implementation and maintenance funded 

through agency programs, as appropriate, are made available to 

the public by posting on a website maintained by the Chair of 

the Committee. 

PART 3 – RESTORE CHESAPEAKE BAY WATER QUALITY 

Sec. 301. Water Pollution Control Strategies. In 

preparing the report required by subsection 202(a) of this 

order, the Administrator of the EPA (Administrator) shall, after 

consulting with appropriate State agencies, examine how to make 

full use of its authorities under the Clean Water Act to protect 

and restore the Chesapeake Bay and its tributary waters and, 

as appropriate, shall consider revising any guidance and 

regulations. The Administrator shall identify pollution control 

strategies and actions authorized by the EPA's existing 

authorities to restore the Chesapeake Bay that: 

(a) establish a clear path to meeting, as expeditiously as 

practicable, water quality and environmental restoration goals 

for the Chesapeake Bay; 

(b) are based on sound science and reflect adaptive 

management principles; 

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(c) are performance oriented and publicly accountable; 

(d) apply innovative and cost-effective pollution control 

measures; 

(e) can be replicated in efforts to protect other bodies 

of water, where appropriate; and 

(f) build on the strengths and expertise of Federal, 

State, and local governments, the private sector, and citizen 

organizations. 

Sec. 302. Elements of EPA Reports. The strategies and 

actions identified by the Administrator of the EPA in preparing 

the report under subsection 202(a) shall include, to the extent 

permitted by law: 

(a) using Clean Water Act tools, including strengthening 

existing permit programs and extending coverage where 

appropriate; 

(b) establishing new, minimum standards of performance 

where appropriate, including: 

(i) establishing a schedule for the implementation 

of key actions in cooperation with States, local 

governments, and others; 

(ii) constructing watershed-based frameworks that 

assign pollution reduction responsibilities to 

pollution sources and maximize the reliability and 

cost-effectiveness of pollution reduction programs; 

and 

(iii) implementing a compliance and enforcement 

strategy. 

PART 4 – AGRICULTURAL PRACTICES TO PROTECT THE CHESAPEAKE BAY 

Sec. 401. In developing recommendations for focusing 

resources to protect the Chesapeake Bay in the report required 

by subsection 202(b) of this order, the Secretary of Agriculture 

shall, as appropriate, concentrate the USDA's working lands and 

land retirement programs within priority watersheds in counties 

in the Chesapeake Bay watershed. These programs should apply 

priority conservation practices that most efficiently reduce 

nutrient and sediment loads to the Chesapeake Bay, as identified 

by USDA and EPA data and scientific analysis. The Secretary of 

Agriculture shall work with State agriculture and conservation 

agencies in developing the report. 

PART 5 – REDUCE WATER POLLUTION FROM FEDERAL LANDS AND 

FACILITIES 

Sec. 501. Agencies with land, facilities, or installation 

management responsibilities affecting ten or more acres within 

the watershed of the Chesapeake Bay shall, as expeditiously as 

practicable and to the extent permitted by law, implement land 

management practices to protect the Chesapeake Bay and its 

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tributary waters consistent with the report required by 

section 202 of this order and as described in guidance published 

by the EPA under section 502. 

Sec. 502. The Administrator of the EPA shall, within 

1 year of the date of this order and after consulting with the 

Committee and providing for public review and comment, publish 

guidance for Federal land management in the Chesapeake Bay 

watershed describing proven, cost-effective tools and practices 

that reduce water pollution, including practices that are 

available for use by Federal agencies. 

PART 6 – PROTECT CHESAPEAKE BAY AS THE CLIMATE CHANGES 

Sec. 601. The Secretaries of Commerce and the Interior 

shall, to the extent permitted by law, organize and conduct 

research and scientific assessments to support development 

of the strategy to adapt to climate change impacts on the 

Chesapeake Bay watershed as required in section 202 of this 

order and to evaluate the impacts of climate change on the 

Chesapeake Bay in future years. Such research should include 

assessment of: 

(a) the impact of sea level rise on the aquatic ecosystem 

of the Chesapeake Bay, including nutrient and sediment load 

contributions from stream banks and shorelines; 

 (b) the impacts of increasing temperature, acidity, and 

salinity levels of waters in the Chesapeake Bay; 

(c) the impacts of changing rainfall levels and changes in 

rainfall intensity on water quality and aquatic life; 

(d) potential impacts of climate change on fish, wildlife, 

and their habitats in the Chesapeake Bay and its watershed; and 

(e) potential impacts of more severe storms on 

Chesapeake Bay resources. 

PART 7 – EXPAND PUBLIC ACCESS TO THE CHESAPEAKE BAY AND CONSERVE 

LANDSCAPES AND ECOSYSTEMS 

Sec. 701. (a) Agencies participating in the Committee 

shall assist the Secretary of the Interior in development of the 

report addressing expanded public access to the waters of the 

Chesapeake Bay and conservation of landscapes and ecosystems 

required in subsection 202(e) of this order by providing to the 

Secretary: 

(i) a list and description of existing sites on agency 

lands and facilities where public access to the 

Chesapeake Bay or its tributary waters is offered; 

(ii) a description of options for expanding public access 

at these agency sites; 

(iii) a description of agency sites where new 

opportunities for public access might be provided; 

(iv) a description of safety and national security issues 

related to expanded public access to Department of 

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(v) a description of landscapes and ecosystems in the 

Chesapeake Bay watershed that merit recognition 

for their historical, cultural, ecological, or 

scientific values; and 

(vi) options for conserving these landscapes and 

ecosystems. 

(b) In developing the report addressing expanded public 

access on agency lands to the waters of the Chesapeake Bay 

and options for conserving landscapes and ecosystems in the 

Chesapeake Bay, as required in subsection 202(e) of this 

order, the Secretary of the Interior shall coordinate any 

recommendations with State and local agencies in the watershed 

and programs such as the Captain John Smith Chesapeake National 

Historic Trail, the Chesapeake Bay Gateways and Watertrails 

Network, and the Star-Spangled Banner National Historic Trail. 

PART 8 – MONITORING AND DECISION SUPPORT FOR ECOSYSTEM 

MANAGEMENT 

Sec. 801. The Secretaries of Commerce and the Interior 

shall, to the extent permitted by law, organize and conduct 

their monitoring, research, and scientific assessments to 

support decisionmaking for the Chesapeake Bay ecosystem and 

to develop the report addressing strengthening environmental 

monitoring of the Chesapeake Bay and its watershed required in 

section 202 of this order. This report will assess existing 

monitoring programs and gaps in data collection, and shall also 

include the following topics: 

(a) the health of fish and wildlife in the Chesapeake Bay 

watershed; 

(b) factors affecting changes in water quality and habitat 

conditions; and 

(c) using adaptive management to plan, monitor, evaluate, 

and adjust environmental management actions. 

PART 9 – LIVING RESOURCES PROTECTION AND RESTORATION 

Sec. 901. The Secretaries of Commerce and the Interior 

shall, to the extent permitted by law, identify and prioritize 

critical living resources of the Chesapeake Bay and its 

watershed, conduct collaborative research and habitat protection 

activities that address expected outcomes for these species, 

and develop a report addressing these topics as required in 

section 202 of this order. The Secretaries of Commerce and the 

Interior shall coordinate agency activities related to living 

resources in estuarine waters to ensure maximum benefit to the 

Chesapeake Bay resources. 

PART 10 – EXCEPTIONS 

Sec. 1001. The heads of agencies may authorize exceptions 

to this order, in the following circumstances: 

(a) during time of war or national emergency; 

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(b) when necessary for reasons of national security; 

(c) during emergencies posing an unacceptable threat to 

human health or safety or to the marine environment and 

admitting of no other feasible solution; or 

(d) in any case that constitutes a danger to human life or 

a real threat to vessels, aircraft, platforms, or other man-made 

structures at sea, such as cases of force majeure caused by 

stress of weather or other act of God. 

PART 11 – GENERAL PROVISIONS 

Sec. 1101. (a) Nothing in this order shall be construed to 

impair or otherwise affect: 

(i) authority granted by law to a department, agency, or 

the head thereof; or 

(ii) functions of the Director of the Office of 

Management and Budget relating to budgetary, 

administrative, or legislative proposals. 

(b) This order shall be implemented consistent 

with applicable law and subject to the availability of 

appropriations. 

(c) This order is not intended to, and does not, create 

any right or benefit, substantive or procedural, enforceable at 

law or in equity, by any party against the United States, its 

departments, agencies, or entities, its officers, employees, or 

agents, or any other person. 

 BARACK OBAMA 

THE WHITE HOUSE, 

 May 12, 2009. 

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