Presidential Documents

23099 

Federal Register 

Vol. 74, No. 93 

Friday, May 15, 2009 

Title 3— 

The President 

Executive Order 13508 of May 12, 2009 

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 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 

23100 Federal Register / Vol. 74, No. 93 / Friday, May 15, 2009 / Presidential Documents 

(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; 

(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. 

Federal Register / Vol. 74, No. 93 / Friday, May 15, 2009 / Presidential Documents 23101 

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, 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; 

(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. 

23102 Federal Register / Vol. 74, No. 93 / Friday, May 15, 2009 / Presidential Documents 

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 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. 

Federal Register / Vol. 74, No. 93 / Friday, May 15, 2009 / Presidential Documents 23103 

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 Defense installations; 

(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; 

(b) when necessary for reasons of national security; 

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(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. 

THE WHITE HOUSE, 

May 12, 2009. 

[FR Doc. E9–11547 

Filed 5–14–09; 8:45 am] 

Billing code 3195–W9–P 


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