[Federal Register Volume 74, Number 93 (Friday, May 15, 2009)]
[Presidential Documents]
[Pages 23099-23104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11547]



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Part IV





The President





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Executive Order 13508--Chesapeake Bay Protection and Restoration


                        Presidential Documents 



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

___________________________________________________________________

Title 3--
The President

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                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

[[Page 23100]]

                (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.

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                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.

[[Page 23102]]

                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.

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                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;

[[Page 23104]]

                    (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.
                <GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT>
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    May 12, 2009.

[FR Doc. E9-11547
Filed 5-14-09; 8:45 am]
Billing code 3195-W9-P