PSC Briefing and Discussion

July 22, 2009

E.O. 13508Chesapeake Bay Protection

and Restoration

Presentation No. 5

Chesapeake Bay Executive Order

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 EPA Administrator with reps of USDA, DoC, DoD, DHS, DoI, DoT and others

Sec. 202 - Seven Reports Outlining Federal Action

Draft -120 days; “Final” -180 Days for Public Comment (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 and DoD)

(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)

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.

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.

Sec. 205. Annual Action Plan and Progress Report

Beginning in 2010, the Committee shall publish an annual Chesapeake Bay Action Plan describing how Federal resources will be used to protect and restore the Bay during the upcoming fiscal year.

This Plan will be accompanied by an Annual Progress Report reviewing indicators of environmental condition…. The Committee shall consult with stakeholders in developing the Action Plan and 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 … reports… are made available to the public by posting on a website maintained by the Chair of the Committee

E.O. 13508Chesapeake Bay Protection

and Restoration

Section 202 ReportsJuly 22, 2009 PSC Meeting

Requires Seven Federal Reports in 120 Days

Water Quality

Targeting Resources

Storm-water & Federal

Facilities

Climate Change

Public Access & Conser-vation

Habitat & Research for Living

Resources

Monitoring & Decision

Support

Define the next generation of tools and actions to restore water quality... and describe the changes to be made to regulations, programs, and policies.

Target resources ... including resources under the Food Security Act of 1985 as amended, the Clean Water Act, and other laws.

Strengthen storm water management practices at Federal facilities and on Federal lands and develop storm water best practices guidance.

Assess the impacts of a changing climate ...and develop a strategy for adapting natural resource programs and public infrastructure.

Expand public access to waters and open spaces ... and conserve landscapes and ecosystems.

Strengthen scientific support for decision-making ... including expanded environmental research and monitoring and observing systems.

Develop focused and coordinated habitat and research activities that protect and restore living resources and water quality.

+ + + +

Principles for Section 202 Reports• Represent a key opportunity for the federal

government to demonstrate leadership

• Federal actions will nest within the 203 strategy

• Federal agency team leads and representatives identified and the 202 reports are being drafted.

• In developing the reports, 202 report teams are carrying out extensive consultation with states and other CBP partners.

• Initial report drafts may be shared in mid to late August. Some lead agencies also plan to float some of the new ideas to key stakeholders prior to that time.

• The draft reports are due to the FLC by September 9, 2009 (120 days) for a 21-day “interagency review.”

• OMB and CEQ briefing on reports expected to occur between 100 and 120 days .

Principles for Section 202 Reports

• The CBP MB and Goal teams will review draft 202 reports at around 120 days to facilitate integration into the 203 Implementation Strategy.

• Programs and strategies recommended in 202 reports will be described in section 203 strategy. “Final” 202 reports will also be released for public review with the coordinated implementation strategy at 180 days (11/9/09).

• Based on the significance of public comments period (60 days), the “final” 202 reports may need to be revised with final 203 implementation strategy by 365 days.

Principles for Section 202 Reports

Administrator Jackson Letter to EC Members

• Begins a new era of shared federal leadership, in close collaboration with EC and other state partners

• Looking forward to a continued close partnership as we implement the EO’s directives

• EO calls for an unparalleled collaboration between federal and state agencies and departments

• Section 204, “Collaboration with State Partners” directs the FLC to consult extensively with Bay States and DC

• Administrator knows that fed/state collaboration is vital to success.

• Administrator pledges that she and staff will work closely with EC to implement EO

EO Consultation Memo to PSC Members

June 11, 2009 Memo from William Early and Preston Bryant• As part of the “extensive consultation with states” required by

EO, EPA will employ several methods to ensure this occurs• PSC is a key forum for consultation while developing EPA’s

draft & final reports, and the overall integrated strategy• Builds upon the pledge that EPA Admin. Lisa Jackson made in

letters she sent to EC members• Goal of consultations is to share preliminary ideas early, and

to get feedback from PSC• Will occur through a series of meeting and forums with PSC

members• PSC hopes to have similar consultations with other lead

Federal agencies in the development of their reports and strategy

E.O. 13508Chesapeake Bay Protection

and Restoration

Proposed Coordination Roles& Approach to Section 203

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.

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.

EO 203 Strategy Relies on Existing Goal Structure

Building on the Work in the Chesapeake Action Plan

Strategic Framework• Goals & Strategies

Activity Integration Plan• Database of annual activities &

resources (Federal, State, NGO)

Dashboards• Measures of Progress

Adaptive Management System

Federal Leadership Committee

FLC Designees

Federal Office DirectorsGroup

Editorial BoardSuggested:

Robert Pace, Dana York,Jim Edward, Peyton Robertson,

Representative (TBD)

203 Strategy Writing TeamSuggested:Aileen SmithKevin DeBell

Alicia Pimentel (graphics)

202 a Team

202 b Team

202 c Team

202 d Team

202 e Team

202 f Team

202 g Team

•Provides weekly management•Coordinates identification of policy issues for FLC

•Describes document and draft initial outline

•Reconciles, lumps/splits strategies•Embellishes recommendations•Drafts document

Goal Implementation Teams

Primary RolesIn 1st 120 Days:

Review -CAP goals, indicators,

strategies

SuggestedRevisions

Management Board

Executive Council

PSC

•Overall responsibility for strategy & coordination with EC

•Decides/approves policy recommendations

Clo

se C

on

sult

atio

n

Draft07/08/09

Proposed Structure for Managing 203 Strategy Development

•Directly guides writing team•Reviews drafts on weekly or other basis

•Serves issues to whole FOD

RecommendedStrategies

Core Rationales

Note: Consultation between 202 teams and GITs and others regarding 202 report development is not depicted in this diagram.

End: 8/20

End: 7/22

End: 8/10

Major Tasks

1MB & FLC/D briefed on product & process

2 FOD confirms 203 process

3 DT creates outline of strategy

4GITs review goals, indicators & strategies for output to MB

5MB review & approval of potential GIT changes

6202 teams prepare 90 day full working drafts for output to FOD

7202 teams pre-brief PSC and use PSC mtg for initial feedback

8FOD review of GIT and 202 products; Ed. Bd. directs DT

9DT creates anno. outline & IDs needs from GITs & 202 Teams

10FLC/D briefed; reviews draft 202 recommendations & 203 outline

11DT revises; FOD approves outline

12202 teams prepare revised draft reports for delivery to FLC

13GITs fill any gaps identified by MB & DT and deliver to Ed. Bd.

14 CEQ hosts OMB briefing

15DT develops draft 203 strategy for FOD review

2009

Page 5180 Day Timeline for Developing Draft 203 Strategy

0 120 (9/9) 180 (11/9)Today30 60 90 150

End: 7/09

End: 8/10

End: 6/25

End: 7/17

End: 8/03

Jun Jul Aug Sep Oct Nov

1

2

3

4

5

6

End: 8/138

Draft 07/08/09

7Key PSC meeting

Key MB meeting

End: 8/199

10Key FLC/D meeting

End: 8/2711

End: 09/09/0912

End: 09/0913

End: ~ 8/3014CEQ/OMB meeting

End: 9/1615

Final FOD review of 202 reports prior to 120 days 9/2-9/4

Task requires its own detailed subtask breakout and schedule

202 Tasks

203 Tasks

General Tasks

Key Meetings

Major milestones

CBP Key DatesCBP Key Dates

Major Tasks

1621 day interagency review of 202 reports

17GIT/MB/FOD review & comment on 202 repts & 203 draft strategy

18MB meeting to give feedback on 202 repts and 203 draft strategy

19DT revises 203 draft strategy for submittal to FLC/D & PSC

20Prep. FLC/D & PSC briefing on 202 comments & 203 strategy

21 Pre-brief FLC/D & PSC

22FLC/D/PSC review of 202 com- ments, 203 strategy & rollout

23 DT revises 203 strategy

24202 teams revise and finalize 202 reports

25FOD review of revised 203 strategy in advance of FLC/D

26 DT revises 203 from FOD review

27 Pre-brief FLC

28FLC meeting and final directions prior to release of 203 strategy

29DT makes final revisions and produces for distribution

30Public release of draft 203 strategy and “final” 202 reports

2009

Page 5180 Day Timeline for Developing Draft 203 Strategy

0 120 (9/9) 180 (11/9)Today30 60 90 150

Jun Jul Aug Sep Oct Nov

End: 9/3016

Draft 07/08/09

End: 9/3017

End: 10/08

End: 10/05

Key FLC/D-PSC meeting

20

22

End: 9/24Key MB meeting 18

End: 10/119

End: 10/0621

End: 10/2123

End: 10/2124

End: 10/2225

26 End: 10/23

End: 10/2627

End: 10/29Key FLC meeting 28

End: 11/0629

End: 11/0930

Note: LGAC & CAC meetings set for 9/17-18; consider EO engagement

Major Tasks

31Establish web portal for publication and public comments

32Plan listening sessions for public comment period

33Prep public notification media including Federal Register

34Public comment period & listening sessions begin

2009

Page 5180 Day Timeline for Developing Draft 203 Strategy

0 120 (9/9) 180 (11/9)Today30 60 90 150

Jun Jul Aug Sep Oct Nov

End: 10/08

End: 11/06

End: 11/06

31

32

33

34

Draft 07/08/09

Principles and Parameters of the Strategy

• Be a coordinated, comprehensive strategy including federal, state and local activities

• Enhance performance and accountability of CBP and partners

• Highlight a new commitment by federal government, yet be respectful and consistent with work done by CBP and partners

• Affirm or establish small number of key environmental measures for each of the six goals

Principles and Parameters of the Strategy (cont.)

• Focus on coordinating strategies, but not necessarily represent federal, state and local consensus

• Include a prioritized set of actions, not simply a laundry list of possibilities

• Clear, understandable, and brief• Address both long (3-5) year view and the annual

actions and progress• Working draft of strategy prepared by 120 days and

will then incorporate 202 report recommendations for FLC review prior to day 180 release for public comment.

Principles and Parameters of the Document (cont.)

• The draft Coordinated Implementation Strategy would be released for public review and comment on November 9, 2009 along with the federal section 202 reports. (60 day review)

• Following public comment, the Strategy would be revised to fully integrate section 202 report recommendations and include revisions to CBP goals, milestones and strategies.

• Desired end result would be a final Coordinated Implementation Strategy released jointly by the FLC and EC in May 2010.

Questions, Discussion and Next Steps