Executive Order 13508

Administration of Barack H. Obama, 2009
Executive Order 13508—Chesapeake Bay Protection and Restoration
May 12, 2009
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
(USDA), Commerce (DOC), Defense (DOD), Homeland Security (DHS), the Interior (DOI),

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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;

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(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, 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

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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.
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 costeffectiveness 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,

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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 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

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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;
(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,

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May 12, 2009.
[Filed with the Office of the Federal Register, 8:45 a.m., May 14, 2009]
NOTE: This Executive order was published in the Federal Register on May 15.
Categories: Executive Orders : Chesapeake Bay Protection and Restoration.
Subjects: Agriculture, Department of : Secretary; Agriculture, Department of : Working lands
and land retirement programs; Commerce, Department of : Secretary; Environment :
Chesapeake Bay, protection and restoration; Environment : Clean Water Act; Environment :
Watersheds and estuaries, protection efforts; Environmental Protection Agency :
Administrator; Environmental Protection Agency : Chesapeake Bay, Federal Leadership
Committee for the; Interior, Department of the : Secretary.
DCPD Number: DCPD200900352.

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