Briefing and Discussion

Management Board

June 18, 2009

E.O. 13508Chesapeake Bay Protection

and Restoration

Presentation Objectives

• Quick Overview of the Executive Order• Federal Leadership Committee• Seven reports• Strategy• Consultation with States

• CBP Roles and Coordination

• Proposed Guiding Principles for Bay program Partners

Part 1- Preamble

By the authority invested in me as President…

Chesapeake Bay is a national treasure

Restoration of the Chesapeake bay will require a renewed commitment to controlling pollution…as well as protecting and restoring habitat and living resources…

Executive departments and agencies, working in collaboration, can use their expertise and resources…

Progress will also depend on…State and local governments, private sector and by all people

Sec. 201 – Shared Federal Leadership, Planning and Accountability

Federal Leadership Committee– To begin a new era of shared Federal

Leadership, a FLC is established– Oversee development and coordination of

programs and activities… of agencies participating in protection and restoration

– Chaired by the Administrator with reps of USDA, DoC, DoD, DHS, DoI, DoT and others as determined by FLC

Sec. 202 - Seven Draft Reports in 120 days; Seven Final Reports in 180 Days

(a) define the next generation of tools and actions to restore water quality... and describe the changes to be made to regulations, programs, and policies ... (EPA)

(b) target resources ... including resources under the Food Security Act of 1985 as amended, the Clean Water Act, and other laws; (USDA)

(c) strengthen storm water management practices at Federal facilities and on Federal lands and develop storm water best practices guidance; (EPA)

(d) assess the impacts of a changing climate ...and develop a strategy for adapting natural resource programs and public infrastructure (DoC and DoI)

(e) expand public access to waters and open spaces ... and conserve landscapes and ecosystems ... (DoI and DoD)

(f) strengthen scientific support for decisionmaking ... including expanded environmental research and monitoring and observing systems; (DoC and DoI)

(g) develop focused and coordinated habitat and research activities that protect and restore living resources and water quality ... (DoC and DoI)

Water Quality

Targeting Resources

Storm-water & Federal

Facilities

Climate Change

Public Access & Conser-vation

Habitat & Research for Living

Resources

Monitoring & Decision

Support

Agency Roles: Section 202 Reports

EPA

USDA

DOD

LeadTeam

MemberShared Lead

Team Member

Team Member

Team Member?

Team Member

LeadTeam

MemberTeam

MemberTeam

Member?

Shared LeadTeam

MemberTeam

MemberTeam

Member

Team Member

Team Member

Team Member

Shared LeadTeam

MemberShared Lead Shared Lead

Team Member

Team Member

Team Member

Team Member

Team Member

Team Member

Shared Lead

Team Member?

Team Member

LeadTeam

Member

Team Member

Team Member?

Shared LeadTeam

Member?Shared Lead

Team Member

NOAA

FWS

NPS

USGS

Draft – Draft – Draft – Draft – Draft – Draft – Draft – Draft

USACE

a b c d e f g

Water Quality

Targeting Resources

Storm-water & Federal

Facilities

Climate Change

Public Access & Conser-vation

Habitat & Research for Living

Resources

Monitoring & Decision

Support

EPA

EPA

DOA

NRCS

DOD

DOD-All-EPA

DOC/DOI

NOAA-FWS-GS

DOI

NPS

DOC/DOI

NOAA-GS

DOC/DOI

NOAA/FWS

Water pollution control strategies

• General targeting

• Targeting of USDA conser-vation programs

• All agencies implement practices

• EPA develops SW guidance

• Organize & conduct research

• Develop adaptation strategy

• Identify access opportunities on public lands

• Identify important landscapes and ecosystems

Healthy Fisheries

Vital Habitat

Water Quality

Healthy Watersheds

Stewardship TSSPartnership, Leadership

& Mgmt

Overall Federal Strategy

Cross-cutting Cross-cutting

• Conduct monitoring, research and assess-ments to support decisionmaking

• ID and prioritized critical LR

• Conduct research and protection

1 2 43 5 6

Lead Dept.

Likely Agency

EO Topic (s. 202)

Possible GIT Consultation

GITs

Overall CBP Strategy

=CAP

Strategic Framework

Plus!

Fed. Lead NOAA FWS EPA USDA? NPS EPA EPA-GS

Overall Federal Strategy (s.203) has direct relationship to Overall CBP Strategy (aka CAP)

Section 203 – Draft Strategy in 180 Days; Final Strategy in One Year

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.

Chesapeake Action Plan Strategic Framework

– Goal Strategies

Activity Integration Plan– Federal, State, NGO Activities

and resources

Dashboards– Measures and Progress

Adaptive Management System

A system with abundant, diverse populations of living resources, fed by healthy streams and rivers, sustaining strong local and regional economies, and our unique quality of life.

A Shared Vision

Restore, enhance and protect the finfish, shellfish and other living resources, their habitats and ecological relationships to sustain all fisheries and provide for a balanced ecosystem.

Goal 1: Protect & Restore Fisheries

Restore those habitats and natural areas that are vital to the survival and diversity of the living resources of the Bay and its rivers.

Goal 2: Protect & Restore Vital Aquatic Habitats

Achieve and maintain the water quality necessary to support the aquatic living resources of the Bay and its tributaries and to protect human health.

Goal 3: Protect & Restore Water Quality

Develop, promote and achieve sound land use practices which protect watershed resources and water quality, maintain reduced pollutant loadings for the Bay and its tributaries, and restore and preserve aquatic living resources.

Goal 4: Maintain Healthy Watersheds

Promote individual stewardship and assist individuals, community-based organizations, businesses, local governments and schools to undertake initiatives to achieve these goals and our shared vision.

Goal 5: Foster Chesapeake Stewardship

Goal 6: Enhance Partnering, Leadership & Management

Improve and enhance the leadership and management of the Chesapeake Bay Program partnership.

Enhance Partnering,Leadership

& Management

Enhance Partnering,Leadership

& Management

Management BoardManagement Board

Scientific & TechnicalAdvisory Committee

Scientific & TechnicalAdvisory Committee

Local GovernmentAdvisory CommitteeLocal Government

Advisory Committee

Citizens’ Advisory Committee

Citizens’ Advisory Committee

Action TeamsAction Teams

MaintainHealthy

Watersheds

MaintainHealthy

Watersheds

Protect & Restore Water

Quality

Protect & Restore Water

Quality

Protect & Restore Fisheries

Protect & Restore Fisheries

Protect & RestoreVital Aquatic

Habitats

Protect & RestoreVital Aquatic

Habitats

Foster Chesapeake Stewardship

Foster Chesapeake Stewardship

Chesapeake Executive Council

Principals’ Staff Committee

Chesapeake Executive Council

Principals’ Staff CommitteeIndependent

Evaluator

IndependentEvaluator

Goal Implementation Teams TechnicalSupport & Services

- Assessment- Monitoring & Modeling

- Communications

TechnicalSupport & Services

- Assessment- Monitoring & Modeling

- Communications

ImplementationWorkgroups

(TBD)

ImplementationWorkgroups

(TBD)

ImplementationWorkgroups

(TBD)

ImplementationWorkgroups

(TBD)

ImplementationWorkgroups

(TBD)

ImplementationWorkgroups

(TBD)

ImplementationWorkgroups

(TBD)

ImplementationWorkgroups

(TBD)

ImplementationWorkgroups

(TBD)

ImplementationWorkgroups

(TBD)

ImplementationWorkgroups

(TBD)

ImplementationWorkgroups

(TBD)

CBP Organization Aligned with Strategic Goals

CBP Strategic Framework and Current Dashboards May 2009

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…

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.

CBP EO Coordination Roles

Federal Leadership Committee• Facilitate and coordinate with EPA (OW)

Seven Reports (EO 202)• Create a relatively common template; facilitate a common

schedule; foster cross coordination; determine how Report recommendations will “nest” within the Strategy (203); assist with “consultation” strategy with States, CBP and others

Strategy• Create the template for the Strategy; optimize input by CBP

(PSC, MB GITs); facilitate and develop the Strategy (Draft by November 12; Final by May 2010); effective “consultation” strategy with States and others

Annual Action Plan and Annual Progress Report• Design it; build it

FLC Drafts Strategy

2009 2010

Page 5

May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun

Chesapeake Bay Restoration Executive Order Timeline

Agencies Draft Reports

0 120 180 365

Agencies Finalize

Section 202 Reports

FLC Review

Section 203 Strategy

= FLC Releases Reports

• consult with states

• suggest revisions

Public Comment

Public Comment FLC Finalizes

Today

Section 203 Strategy Implementation

Agency Implementation

• consult with states extensively

• consult with states extensively

Beginning 2010 FLC Releases:

Annual CB

Action Plan

Annual Progress

Report

= Agencies Release Draft s. 202 Reports

Guiding PrinciplesFederal Leadership Committee

• Close coordination with the Executive Council

Seven Reports (EO 202)• Forum for Feds to put forth bold new ideas, strategies, tools• Need critical opportunities for input by PSC, MB and ACs• Clear “nesting” of federal Actions in the Strategy

Strategy• Build on all the existing work (CAP, BayStat)• Maximize input of PSC, MB, ACs, and others• Use existing Goal Structure (6). Climate Change?• Catalyze the GITs and optimize their role to build the Strategy• Establish new/revised environmental measures and progress (Target: 3-5

/GIT)• Provide GIT leads with Substantial help and support• Strategy reflects full CBP Partnership, with Federal actions/strategies clearly

identified

Annual Action Plan and Annual Progress Report• Readily flows from the strategy• Incorporates the annual Health and Restoration Report• Retain “reasonable annual targets and two year milestones

Questions?

2009 2010

Page 5

May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun

EPA Section 202a Responsibilities Timeline – OW Lead

OW Policy Development

0 120 180 365

Straw Proposal Development – 90 Days

Today 30 90

Enforcement Strategy - OECA

Atmospheric Deposition Strategy - OAR

TMDL – Region III

Bay Modeling Runs – CBP Lead

Support and CBF litigation - OGC

Budget FY2010-11 - OCFO

60

= FLC Releases Reports

= Agencies Release Draft s. 202 Reports

= Straw Proposals Due

EPA Internal Timeline

Day 90 – Straw proposal

Day 100 – Senior staff review

Day 120 – Draft reports to FLC

Day 150 – FLC comments to agencies

Day 180 – FLC releases draft reports

2009 2010

Page 5

May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun

Chesapeake Bay Restoration Executive Order Timeline

Develop messages

0 120 180 365

Media and Messages

Outreach

Today

Bill introductions

Congress

30

Consult NGOs,States,

D.C. CBC,Local govts

SEPQ Q&AsJune 3

June 15- House Transportation Cmte

90

Identify and approach champions

Develop strategic media/PR plan

60

Info fromconsults in straw

proposal

Consult NGOs,States,

D.C. CBC,Local govts

Info fromconsults into draft

reportl

Consult NGOs,States,

D.C. CBC,Local govts

Info fromconsults into final

reportl

= FLC Releases Reports

= Agencies Release Draft s. 202 Reports

= Straw Proposals Due

Media/PR campaign for draft reports

Develop messages/ media/PR for final

Media/PR campaign for final reports

Identify/approach champions for final

Discussion Questions: Next Generation Tools and Actions to Restore Water Quality

• What changes to regulations, programs and policies offer the greatest opportunities for improving water quality?

• How can we strengthen existing CWA tools?– Strengthen existing permit programs?– Extend permit coverage? What sectors?– Establish new minimum standards of performance? For who?

• How could we construct “watershed-based frameworks” that enhance progress, accountability and enforceability?

• How could compliance and enforcement tools be used?• What other legal authorities could be brought to bear?• Other Ideas?

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.

PART 3 – RESTORE CHESAPEAKE BAY WATER QUALITY (continued)

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.

Discussion Questions: Next Generation Tools and Actions to Restore Water Quality

• What changes to regulations, programs and policies offer the greatest opportunities for improving water quality?

• How can we strengthen existing CWA tools?– Strengthen existing permit programs?– Extend permit coverage? What sectors?– Establish new minimum standards of performance? For who?

• How could we construct “watershed-based frameworks” that enhance progress, accountability and enforceability?

• How could compliance and enforcement tools be used?• What other legal authorities could be brought to bear?• Other Ideas?

CBP Strategic Framework and Current Dashboards May 2009

CBP Strategic Framework and Current Dashboards May 2009

CBP Strategic Framework and Current Dashboards May 2009

CBP Strategic Framework and Current Dashboards May 2009

CBP Strategic Framework and Current Dashboards May 2009

CBP Strategic Framework and Current Dashboards May 2009