Chesapeake Bay Protection and Restoration

This executive order establishes a coordinated federal framework to protect and restore the Chesapeake Bay ecosystem. It creates a Federal Leadership Committee led by the EPA, mandates multiple agency reports on pollution control, agricultural practices, climate adaptation, and public access, and requires an annual action plan starting in 2010.

Federal Register Open PDF 74 FR 23099

Impact dates

May 12, 2010
Final strategy published; EPA guidance for federal land management published
Jan 1, 2010
First annual Chesapeake Bay Action Plan and Progress Report
Nov 8, 2009
Final reports due to Committee; draft strategy published for public comment
Sep 9, 2009
Draft reports due to Federal Leadership Committee

Key directives

Establish Federal Leadership Committee chaired by EPA Administrator with senior representatives from USDA, DOC, DOD, DHS, DOI, DOT
Draft reports due within 120 days on water quality tools, resource targeting, stormwater management, climate adaptation, public access, scientific support, and habitat restoration
Final reports due within 180 days
Draft strategy published for public comment within 180 days
Final strategy published within 1 year
Annual Action Plan and Progress Report beginning in 2010
EPA to publish federal land management guidance within 1 year
USDA to concentrate working lands and land retirement programs in priority watersheds
Federal agencies with 10+ acres in watershed to implement land management practices
Independent evaluator to periodically report on progress

Who is ordered

Timeline

Immediate

Federal Leadership Committee established
Agencies may begin implementing core elements as soon as possible prior to final strategy

Near term (90d)

Draft reports due to Committee within 120 days (by September 9, 2009)
Final reports due within 180 days (by November 8, 2009)
Draft strategy published for public comment within 180 days (by November 8, 2009)

Long term

Final strategy published within 1 year (by May 12, 2010)
Annual Chesapeake Bay Action Plan begins in 2010
EPA guidance for federal land management within 1 year (by May 12, 2010)
Ongoing annual progress reports and adaptive management

Risks & tensions

Implementation 'to the extent permitted by law' and 'subject to availability of appropriations' may limit enforcement
Multiple agency coordination creates risk of bureaucratic delay or jurisdictional conflict
Climate adaptation strategy depends on scientific assessments with uncertain timelines
Agricultural resource targeting may face political resistance from farming interests
DOD national security exemptions could limit public access expansion at military installations
No private right of action created—enforcement relies on federal discretion