Federal government shutdown could impact Agreement’s finalization
Maryland Department of Natural Resources Secretary Josh Kurtz, Columbia Beach community members, Arundel Rivers staff and DNR staff cut the ribbon on the completed living shoreline project at Franklin Point State Park. Maryland DNR photo
Last week, Maryland Department of Natural Resources staff joined representatives from other jurisdictions in the Chesapeake Bay Watershed to recommend proposed changes to the revised Chesapeake Bay Watershed Agreement based on the public feedback we received this year.
The updates to this important agreement took place at the Chesapeake Bay Program’s Management Board retreat in Harrisburg, Pennsylvania from Sept. 30 to Oct. 2.
Representatives from Bay jurisdictions are working with federal agencies on the Management Board to revise the voluntary 2014 Bay Watershed Agreement that guides Bay-related environmental and water quality outcomes and goals for Maryland, Virginia, Washington, D.C., Pennsylvania, West Virginia, Delaware, and New York. These jurisdictions make up the Chesapeake Bay’s watershed, and are joined by the U.S. Environmental Protection Agency (EPA), on behalf of the federal government, and the Chesapeake Bay Commission as signatories of the Agreement.
The initial draft of the newly revised agreement received a significant amount of public feedback when it was released over the summer, with many submitted comments calling for Bay partnership members to commit to a firm timeline for meeting pollution reduction goals and to strengthen environmental outcomes. Meeting these goals and outcomes has long been viewed by scientists and advocates as one of the most effective ways to improve overall water quality and increase populations of fish, crabs, and other wildlife that depend on the Bay.
We heard the feedback and Maryland representatives are working to strengthen the revised Agreement in response.
At the retreat, Maryland representatives advocated for the following significant changes to the revised draft Agreement:
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Maryland proposed that all Bay Agreement jurisdictional partners meet their 2025 interim pollution reduction goals by 2030 as outlined in the Chesapeake Bay Total Maximum Daily Load.
- The current draft lacked a target date to meet the goals, but the desire for a stronger, time bound commitment was the No. 1 thing heard from the public during the feedback period.
- Also, Maryland is requesting language in the Agreement that recognizes that meeting clean water standards is the one part of the agreement that is not voluntary because it’s required by the federal Clean Water Act.
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Maryland proposed a goal for 15,000 acres of restored or created wetlands. After a debate, the Management Board agreed to double the 3,000 acre draft target to 6,000 acres of restored or created wetlands.
- Maryland also supported keeping in the Waterbirds target against calls from other signatories to remove it. The target’s goal is to increase waterfowl populations by improving wetlands to aid hunting and wildlife viewing opportunities.
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Maryland supported a 2035 deadline for the majority of the Outcomes in the agreement.
- Virginia proposed a 2035 deadline, which Maryland supported. The majority of other signatories favored a 2040 time horizon with a mid-way check point in 2033.
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Other Outcomes supported by Maryland during the retreat:
- Including targets to permanently protect priority areas, such as agricultural lands, tribal homelands, streamside forests, community greenspaces, and wetlands
- Developing plans for freshwater mussel restoration and conservation throughout the watershed.
- Maintaining a Management Strategy framework that defines how Agreement signatories will meet the goals, outcomes, and targets in the Agreement.
Maryland appeared to have support throughout the Management Board discussions for several of these priorities, but formal decisions were not made at the retreat due to the federal government shutdown on Oct. 1. The shutdown left representatives from key federal agencies unable to participate in the Management Board debates.
Despite that, Maryland plans to advocate for these changes to be formally incorporated into the Agreement at the next meeting of the Management Board, which is scheduled for Thursday, Oct. 9. After that, the Management Board’s recommended changes will be forwarded to the Principals’ Staff Committee of the Chesapeake Bay Program for final decisions at their October 28 meeting. If needed, the Management Board and Principals’ Staff Committee will meet one final time on Nov 6 and then send it for potential approval by the Chesapeake Executive Council, which consists of the governors of the six watershed states, the mayor of Washington, D.C., the chair of the Chesapeake Bay Commission, and the administrator of the U.S. Environmental Protection Agency. This timeline could be altered if the federal government continues to be shutdown for a protracted period.
It’s possible that the proposals could be altered through the Bay Agreement drafting process that requires consensus among the Bay jurisdictions. Maryland has embraced the collaboration that has gone into drafting these revisions and was pleased to incorporate public feedback. We will continue to work to strengthen the Agreement before it is finalized and find consensus with our partners. We appreciate the input and interest of all who have been following this revision process.
Josh Kurtz is Secretary of the Maryland Department of Natural Resources.
