§1267. Chesapeake Bay
(a) Definitions
In this section, the following definitions apply:
(1) Administrative cost
The term "administrative cost" means the cost of salaries and fringe benefits incurred in administering a grant under this section.
(2) Chesapeake Bay Agreement
The term "Chesapeake Bay Agreement" means the formal, voluntary agreements executed to achieve the goal of restoring and protecting the Chesapeake Bay ecosystem and the living resources of the Chesapeake Bay ecosystem and signed by the Chesapeake Executive Council.
(3) Chesapeake Bay ecosystem
The term "Chesapeake Bay ecosystem" means the ecosystem of the Chesapeake Bay and its watershed.
(4) Chesapeake Bay Program
The term "Chesapeake Bay Program" means the program directed by the Chesapeake Executive Council in accordance with the Chesapeake Bay Agreement.
(5) Chesapeake Executive Council
The term "Chesapeake Executive Council" means the signatories to the Chesapeake Bay Agreement.
(6) Signatory jurisdiction
The term "signatory jurisdiction" means a jurisdiction of a signatory to the Chesapeake Bay Agreement.
(b) Continuation of Chesapeake Bay Program
(1) In general
In cooperation with the Chesapeake Executive Council (and as a member of the Council), the Administrator shall continue the Chesapeake Bay Program.
(2) Program Office
(A) In general
The Administrator shall maintain in the Environmental Protection Agency a Chesapeake Bay Program Office.
(B) Function
The Chesapeake Bay Program Office shall provide support to the Chesapeake Executive Council by-
(i) implementing and coordinating science, research, modeling, support services, monitoring, data collection, and other activities that support the Chesapeake Bay Program;
(ii) developing and making available, through publications, technical assistance, and other appropriate means, information pertaining to the environmental quality and living resources of the Chesapeake Bay ecosystem;
(iii) in cooperation with appropriate Federal, State, and local authorities, assisting the signatories to the Chesapeake Bay Agreement in developing and implementing specific action plans to carry out the responsibilities of the signatories to the Chesapeake Bay Agreement;
(iv) coordinating the actions of the Environmental Protection Agency with the actions of the appropriate officials of other Federal agencies and State and local authorities in developing strategies to-
(I) improve the water quality and living resources in the Chesapeake Bay ecosystem; and
(II) obtain the support of the appropriate officials of the agencies and authorities in achieving the objectives of the Chesapeake Bay Agreement; and
(v) implementing outreach programs for public information, education, and participation to foster stewardship of the resources of the Chesapeake Bay.
(c) Interagency agreements
The Administrator may enter into an interagency agreement with a Federal agency to carry out this section.
(d) Technical assistance and assistance grants
(1) In general
In cooperation with the Chesapeake Executive Council, the Administrator may provide technical assistance, and assistance grants, to nonprofit organizations, State and local governments, colleges, universities, and interstate agencies to carry out this section, subject to such terms and conditions as the Administrator considers appropriate.
(2) Federal share
(A) In general
Except as provided in subparagraph (B), the Federal share of an assistance grant provided under paragraph (1) shall be determined by the Administrator in accordance with guidance issued by the Administrator.
(B) Small watershed grants program
The Federal share of an assistance grant provided under paragraph (1) to carry out an implementing activity under subsection (g)(2) shall not exceed 75 percent of eligible project costs, as determined by the Administrator.
(3) Non-Federal share
An assistance grant under paragraph (1) shall be provided on the condition that non-Federal sources provide the remainder of eligible project costs, as determined by the Administrator.
(4) Administrative costs
Administrative costs shall not exceed 10 percent of the annual grant award.
(e) Implementation and monitoring grants
(1) In general
If a signatory jurisdiction has approved and committed to implement all or substantially all aspects of the Chesapeake Bay Agreement, on the request of the chief executive of the jurisdiction, the Administrator-
(A) shall make a grant to the jurisdiction for the purpose of implementing the management mechanisms established under the Chesapeake Bay Agreement, subject to such terms and conditions as the Administrator considers appropriate; and
(B) may make a grant to a signatory jurisdiction for the purpose of monitoring the Chesapeake Bay ecosystem.
(2) Proposals
(A) In general
A signatory jurisdiction described in paragraph (1) may apply for a grant under this subsection for a fiscal year by submitting to the Administrator a comprehensive proposal to implement management mechanisms established under the Chesapeake Bay Agreement.
(B) Contents
A proposal under subparagraph (A) shall include-
(i) a description of proposed management mechanisms that the jurisdiction commits to take within a specified time period, such as reducing or preventing pollution in the Chesapeake Bay and its watershed or meeting applicable water quality standards or established goals and objectives under the Chesapeake Bay Agreement; and
(ii) the estimated cost of the actions proposed to be taken during the fiscal year.
(3) Approval
If the Administrator finds that the proposal is consistent with the Chesapeake Bay Agreement and the national goals established under section 1251(a) of this title, the Administrator may approve the proposal for an award.
(4) Federal share
The Federal share of a grant under this subsection shall not exceed 50 percent of the cost of implementing the management mechanisms during the fiscal year.
(5) Non-Federal share
A grant under this subsection shall be made on the condition that non-Federal sources provide the remainder of the costs of implementing the management mechanisms during the fiscal year.
(6) Administrative costs
Administrative costs shall not exceed 10 percent of the annual grant award.
(7) Reporting
On or before October 1 of each fiscal year, the Administrator shall make available to the public a document that lists and describes, in the greatest practicable degree of detail-
(A) all projects and activities funded for the fiscal year;
(B) the goals and objectives of projects funded for the previous fiscal year; and
(C) the net benefits of projects funded for previous fiscal years.
(f) Federal facilities and budget coordination
(1) Subwatershed planning and restoration
A Federal agency that owns or operates a facility (as defined by the Administrator) within the Chesapeake Bay watershed shall participate in regional and subwatershed planning and restoration programs.
(2) Compliance with agreement
The head of each Federal agency that owns or occupies real property in the Chesapeake Bay watershed shall ensure that the property, and actions taken by the agency with respect to the property, comply with the Chesapeake Bay Agreement, the Federal Agencies Chesapeake Ecosystem Unified Plan, and any subsequent agreements and plans.
(3) Budget coordination
(A) In general
As part of the annual budget submission of each Federal agency with projects or grants related to restoration, planning, monitoring, or scientific investigation of the Chesapeake Bay ecosystem, the head of the agency shall submit to the President a report that describes plans for the expenditure of the funds under this section.
(B) Disclosure to the Council
The head of each agency referred to in subparagraph (A) shall disclose the report under that subparagraph with the Chesapeake Executive Council as appropriate.
(g) Chesapeake Bay Program
(1) Management strategies
The Administrator, in coordination with other members of the Chesapeake Executive Council, shall ensure that management plans are developed and implementation is begun by signatories to the Chesapeake Bay Agreement to achieve and maintain-
(A) the nutrient goals of the Chesapeake Bay Agreement for the quantity of nitrogen and phosphorus entering the Chesapeake Bay and its watershed;
(B) the water quality requirements necessary to restore living resources in the Chesapeake Bay ecosystem;
(C) the Chesapeake Bay Basinwide Toxins Reduction and Prevention Strategy goal of reducing or eliminating the input of chemical contaminants from all controllable sources to levels that result in no toxic or bioaccumulative impact on the living resources of the Chesapeake Bay ecosystem or on human health;
(D) habitat restoration, protection, creation, and enhancement goals established by Chesapeake Bay Agreement signatories for wetlands, riparian forests, and other types of habitat associated with the Chesapeake Bay ecosystem; and
(E) the restoration, protection, creation, and enhancement goals established by the Chesapeake Bay Agreement signatories for living resources associated with the Chesapeake Bay ecosystem.
(2) Small watershed grants program
The Administrator, in cooperation with the Chesapeake Executive Council, shall-
(A) establish a small watershed grants program as part of the Chesapeake Bay Program; and
(B) offer technical assistance and assistance grants under subsection (d) to local governments and nonprofit organizations and individuals in the Chesapeake Bay region to implement-
(i) cooperative tributary basin strategies that address the water quality and living resource needs in the Chesapeake Bay ecosystem; and
(ii) locally based protection and restoration programs or projects within a watershed that complement the tributary basin strategies, including the creation, restoration, protection, or enhancement of habitat associated with the Chesapeake Bay ecosystem.
(h) Study of Chesapeake Bay Program
(1) In general
Not later than April 22, 2003, and every 5 years thereafter, the Administrator, in coordination with the Chesapeake Executive Council, shall complete a study and submit to Congress a comprehensive report on the results of the study.
(2) Requirements
The study and report shall-
(A) assess the state of the Chesapeake Bay ecosystem;
(B) compare the current state of the Chesapeake Bay ecosystem with its state in 1975, 1985, and 1995;
(C) assess the effectiveness of management strategies being implemented on November 7, 2000, and the extent to which the priority needs are being met;
(D) make recommendations for the improved management of the Chesapeake Bay Program either by strengthening strategies being implemented on November 7, 2000, or by adopting new strategies; and
(E) be presented in such a format as to be readily transferable to and usable by other watershed restoration programs.
(i) Special study of living resource response
(1) In general
Not later than 180 days after November 7, 2000, the Administrator shall commence a 5-year special study with full participation of the scientific community of the Chesapeake Bay to establish and expand understanding of the response of the living resources of the Chesapeake Bay ecosystem to improvements in water quality that have resulted from investments made through the Chesapeake Bay Program.
(2) Requirements
The study shall-
(A) determine the current status and trends of living resources, including grasses, benthos, phytoplankton, zooplankton, fish, and shellfish;
(B) establish to the extent practicable the rates of recovery of the living resources in response to improved water quality condition;
(C) evaluate and assess interactions of species, with particular attention to the impact of changes within and among trophic levels; and
(D) recommend management actions to optimize the return of a healthy and balanced ecosystem in response to improvements in the quality and character of the waters of the Chesapeake Bay.
(3) Annual survey
The Administrator shall carry out an annual survey of sea grasses in the Chesapeake Bay.
(j) Authorization of appropriations
There are authorized to be appropriated to carry out this section-
(1) for fiscal year 2021, $90,000,000;
(2) for fiscal year 2022, $90,500,000;
(3) for fiscal year 2023, $91,000,000;
(4) for fiscal year 2024, $91,500,000; and
(5) for fiscal year 2025, $92,000,000.
(June 30, 1948, ch. 758, title I, §117, as added
Editorial Notes
Codification
November 7, 2000, referred to in subsecs. (h)(2)(C), (D), and (i)(1), was in the original "the date of enactment of this section", which was translated as meaning the date of enactment of
Amendments
2020-Subsec. (j).
2016-Subsec. (i)(3).
2000-
Statutory Notes and Related Subsidiaries
Chesapeake Watershed Investments for Landscape Defense
"(a)
"(1)
"(A) executed to achieve the goal of restoring and protecting the Chesapeake Bay watershed ecosystem and the living resources of the Chesapeake Bay watershed ecosystem; and
"(B) signed by the Chesapeake Executive Council.
"(2)
"(3)
"(A) the Chesapeake Bay;
"(B) the portions of the States of Delaware, Maryland, New York, Pennsylvania, Virginia, and West Virginia that drain into the Chesapeake Bay; and
"(C) the District of Columbia.
"(4)
"(A) the Governors of each of the States of Delaware, Maryland, New York, Pennsylvania, Virginia, and West Virginia;
"(B) the Mayor of the District of Columbia;
"(C) the Chair of the Chesapeake Bay Commission; and
"(D) the Administrator of the Environmental Protection Agency.
"(5)
"(6)
"(7)
"(A) to preserve and improve ecosystems and ecological processes on which the fish and wildlife depend; and
"(B) for use and enjoyment by the public.
"(8)
"(b)
"(1)
"(2)
"(A) coordinating restoration and protection activities among Federal, State, local, and regional entities and conservation partners throughout the Chesapeake Bay watershed;
"(B) engaging other agencies and organizations to build a broader range of partner support, capacity, and potential funding for projects in the Chesapeake Bay watershed;
"(C) carrying out coordinated restoration and protection activities, and providing for technical assistance, throughout the Chesapeake Bay watershed-
"(i) to sustain and enhance restoration and protection activities;
"(ii) to improve and maintain water quality to support fish and wildlife, habitats of fish and wildlife, and drinking water for people;
"(iii) to sustain and enhance water management for volume and flood damage mitigation improvements to benefit fish and wildlife habitat;
"(iv) to improve opportunities for public access and recreation in the Chesapeake Bay watershed consistent with the ecological needs of fish and wildlife habitat;
"(v) to facilitate strategic planning to maximize the resilience of natural ecosystems and habitats under changing watershed conditions;
"(vi) to engage the public through outreach, education, and citizen involvement to increase capacity and support for coordinated restoration and protection activities in the Chesapeake Bay watershed;
"(vii) to sustain and enhance vulnerable communities and fish and wildlife habitat;
"(viii) to conserve and restore fish, wildlife, and plant corridors; and
"(ix) to increase scientific capacity to support the planning, monitoring, and research activities necessary to carry out coordinated restoration and protection activities.
"(3)
"(A) draw on existing plans for the Chesapeake Bay watershed, or portions of the Chesapeake Bay watershed, including the Chesapeake Bay agreements, and work in consultation with applicable management entities, including Chesapeake Bay program partners, such as the Federal Government, State and local governments, the Chesapeake Bay Commission, and other regional organizations, as appropriate, to identify, prioritize, and implement restoration and protection activities within the Chesapeake Bay watershed;
"(B) adopt a Chesapeake Bay watershed-wide strategy that-
"(i) supports the implementation of a shared set of science-based restoration and protection activities developed in accordance with subparagraph (A); and
"(ii) targets cost-effective projects with measurable results; and
"(C) establish the grant program in accordance with subsection (c).
"(4)
"(A) the heads of Federal agencies, including-
"(i) the Administrator of the Environmental Protection Agency;
"(ii) the Administrator of the National Oceanic and Atmospheric Administration;
"(iii) the Chief of the Natural Resources Conservation Service;
"(iv) the Chief of Engineers;
"(v) the Director of the United States Geological Survey;
"(vi) the Secretary of Transportation;
"(vii) the Chief of the Forest Service; and
"(viii) the head of any other applicable agency;
"(B) the Governors of each of the States of Delaware, Maryland, New York, Pennsylvania, Virginia, and West Virginia and the Mayor of the District of Columbia;
"(C) fish and wildlife joint venture partnerships; and
"(D) other public agencies and organizations with authority for the planning and implementation of conservation strategies in the Chesapeake Bay watershed.
"(c)
"(1)
"(2)
"(A) A State.
"(B) The District of Columbia.
"(C) A unit of local government.
"(D) A nonprofit organization.
"(E) An institution of higher education as such term is defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
"(F) Any other entity that the Secretary determines to be appropriate in accordance with the criteria established under paragraph (3).
"(3)
"(A) accomplish 1 or more of the purposes described in subsection (b)(2); and
"(B) advance the implementation of priority actions or needs identified in the Chesapeake Bay watershed-wide strategy adopted under subsection (b)(3)(B).
"(4)
"(A)
"(B)
"(i)
"(ii)
"(5)
"(d)
"(e)
"(1)
"(2)
Chesapeake Bay Accountability and Recovery
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Chesapeake Bay Accountability and Recovery Act of 2014'.
"SEC. 2. DEFINITIONS.
"In this Act:
"(1)
"(2)
"(A) the States of Maryland, West Virginia, Delaware, and New York;
"(B) the Commonwealths of Virginia and Pennsylvania; and
"(C) the District of Columbia.
"(3)
"(4)
"(5)
"(6)
"(7)
"(A)
"(B)
"(i) Physical restoration.
"(ii) Planning.
"(iii) Feasibility studies.
"(iv) Scientific research.
"(v) Monitoring.
"(vi) Education.
"(vii) Infrastructure development.
"(8)
"(A)
"(B)
"(i) Physical restoration.
"(ii) Planning.
"(iii) Feasibility studies.
"(iv) Scientific research.
"(v) Monitoring.
"(vi) Education.
"(vii) Infrastructure development.
"SEC. 3. CHESAPEAKE BAY CROSSCUT BUDGET.
"(a)
"(1) an interagency crosscut budget that displays, as applicable-
"(A) the proposed funding for any Federal restoration activity to be carried out in the succeeding fiscal year, including any planned interagency or intra-agency transfer, for each of the Federal agencies that carry out restoration activities;
"(B) to the extent that information is available, the estimated funding for any State restoration activity to be carried out in the succeeding fiscal year;
"(C) all expenditures for Federal restoration activities from the preceding 2 fiscal years, the current fiscal year, and the succeeding fiscal year;
"(D) all expenditures, to the extent that information is available, for State restoration activities during the equivalent time period described in subparagraph (C); and
"(E) a section that identifies and evaluates, based on need and appropriateness, specific opportunities to consolidate similar programs and activities within the budget and recommendations to Congress for legislative action to streamline, consolidate, or eliminate similar programs and activities within the budget;
"(2) a detailed accounting of all funds received and obligated by each Federal agency for restoration activities during the current and preceding fiscal years, including the identification of funds that were transferred to a Chesapeake Bay State for restoration activities;
"(3) to the extent that information is available, a detailed accounting from each State of all funds received and obligated from a Federal agency for restoration activities during the current and preceding fiscal years; and
"(4) a description of each of the proposed Federal and State restoration activities to be carried out in the succeeding fiscal year (corresponding to those activities listed in subparagraphs (A) and (B) of paragraph (1)), including-
"(A) the project description;
"(B) the current status of the project;
"(C) the Federal or State statutory or regulatory authority, program, or responsible agency;
"(D) the authorization level for appropriations;
"(E) the project timeline, including benchmarks;
"(F) references to project documents;
"(G) descriptions of risks and uncertainties of project implementation;
"(H) a list of coordinating entities;
"(I) a description of the funding history for the project;
"(J) cost sharing; and
"(K) alignment with the existing Chesapeake Bay Agreement, Chesapeake Executive Council goals and priorities, and Annual Action Plan required by section 205 of Executive Order 13508 (33 U.S.C. 1267 note; relating to Chesapeake Bay protection and restoration).
"(b)
"(1) for the first 3 years that the report is required, descriptions of-
"(A) Federal restoration activities that have funding amounts greater than or equal to $300,000; and
"(B) State restoration activities that have funding amounts greater than or equal to $300,000; and
"(2) for every year thereafter, descriptions of-
"(A) Federal restoration activities that have funding amounts greater than or equal to $100,000; and
"(B) State restoration activities that have funding amounts greater than or equal to $100,000.
"(c)
"(d)
"(e)
"SEC. 4. INDEPENDENT EVALUATOR FOR THE CHESAPEAKE BAY PROGRAM.
"(a)
"(1) restoration activities; and
"(2) any related topics that are suggested by the Chesapeake Executive Council.
"(b)
"(1)
"(2)
"(3)
"(c)
"SEC. 5. PROHIBITION ON NEW FUNDING.
"No additional funds are authorized to be appropriated to carry out this Act."
Findings and Purposes
"(a)
"(1) the Chesapeake Bay is a national treasure and a resource of worldwide significance;
"(2) over many years, the productivity and water quality of the Chesapeake Bay and its watershed were diminished by pollution, excessive sedimentation, shoreline erosion, the impacts of population growth and development in the Chesapeake Bay watershed, and other factors;
"(3) the Federal Government (acting through the Administrator of the Environmental Protection Agency), the Governor of the State of Maryland, the Governor of the Commonwealth of Virginia, the Governor of the Commonwealth of Pennsylvania, the Chairperson of the Chesapeake Bay Commission, and the mayor of the District of Columbia, as Chesapeake Bay Agreement signatories, have committed to a comprehensive cooperative program to achieve improved water quality and improvements in the productivity of living resources of the Bay;
"(4) the cooperative program described in paragraph (3) serves as a national and international model for the management of estuaries; and
"(5) there is a need to expand Federal support for monitoring, management, and restoration activities in the Chesapeake Bay and the tributaries of the Bay in order to meet and further the original and subsequent goals and commitments of the Chesapeake Bay Program.
"(b)
"(1) to expand and strengthen cooperative efforts to restore and protect the Chesapeake Bay; and
"(2) to achieve the goals established in the Chesapeake Bay Agreement."
Nutrient Loading Resulting From Dredged Material Disposal
"(a)
"(b)
Executive Documents
Ex. Ord. No. 13508. Chesapeake Bay Protection and Restoration
Ex. Ord. No. 13508, May 12, 2009, 74 F.R. 23099, provided:
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
(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.
(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, in consultation with the Committee, as soon as possible and prior to release of a final strategy.
PART 3-Restore Chesapeake Bay Water Quality
(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.
(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
PART 5-Reduce Water Pollution From Federal Lands and Facilities
PART 6-Protect Chesapeake Bay as the Climate Changes
(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
(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
(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
PART 10-Exceptions
(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
(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.