Options for CBP Agreement and EC Membership For Principals’ Staff Committee Consideration March, 2013

2 GIT6 - Establish GIT sub-group fully representative of all partners - Determine next step to finalize goals - Determine key governance issues - Look at issues and early decisions needed for agreement PSC - Adopt or recommend changes to goals - Provide input and guidance on key governance issues - Select style of agreement & provide guidance for EC directive GIT6 - Build out PSC selected options - Coordinate with other GITs to finalize goals - Develop EC directive --- including governance and alignment leading to new agreement Proposed Outline for Alignment Process PSC - Final adoption of goals - Approve final directive content for adoption at 2013 EC Meeting MB - Receive MB Input December - January January 10 th MB Meeting March PSC Meeting March - April GIT6 - Coordinate effort with GITs to finalize proposed new goals - Build out potential governance options - Build out options for potential new agreement April PSC Meeting January You Are Here MB Input MB Input MB Input

Options for Consideration Option 1 – Three-Part Agreement Option 2 – Comprehensive Agreement 2a – CBP version 2b – Chesapeake Bay Commission version Chesapeake Bay Agreement

■ The process we used was explicit, rational & fair ■ I was treated well, my input was heard ■ And I can live with the outcomes

Section 117, CWA Key Requirements Chesapeake Bay Agreement – (a)(2) “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. “ Members of the Chesapeake Executive Council – (a)(5) “the signatories to the Chesapeake Bay Agreement.”

Section 117, CWA Key Requirements Scope of the Chesapeake Bay Program – (b)(2)(B) “implementing and coordinating science, research, modeling, support services, monitoring, data collection, and other activities that support the Chesapeake Bay Program; “improve the water quality and living resources in the Chesapeake Bay ecosystem” “ developing and implementing specific action plans to carry out the responsibilities of the signatories”

Section 117, CWA Key Requirements Granting Funds – “If a signatory jurisdiction has approved and committed to implement all or substantially all aspects of the Chesapeake Bay Agreement… the Administrator— (A) shall make a grant to the jurisdiction for the purpose of implementing the management mechanisms established 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.

Discussion Process 1.Listen to the Options 2.Discuss and Debate Options 3.Make a Final Decision

Overview of Options Option 1: Three-Part Agreement Three separate documents: Chesapeake Bay Agreement 2.CBP Outcomes 3.(CBP Governance )

Overview of Options Document 1: 2013 Chesapeake Bay Agreement Section 1: Preamble Section 2: Vision Section 3: Mission Section 4: Goals Section 5: Membership Section 6: Principles Section 7: Effective Date Section 8: Affirmation and Signatures Decision: Additional FLC representation? Decision – Alternatives to full membership?

Overview of Options Document 2: CBP Outcomes Decision: Should the Outcomes document be signed by the EC or PSC? Document 3: Governance

Overview of Options Option 2a: Comprehensive Agreement 2013 Chesapeake Bay Agreement Section 1: Preamble Section 2: Vision Section 3: Mission Section 4: Goals and Outcomes Section 5: Membership Section 6: Principals Section 7: Effective Date Section 8: Affirmation and Signatures Appendix: CBP Governance (or separate document) Decision: How frequently would this agreement type be updated so that goals, outcomes, indicators and measures remain current?”

Overview of Options Option 2b: Comprehensive Agreement Chesapeake Bay Commission Draft Section 1: Preamble – history, benefits and accomplishments Section 2: Clean Water – two goal statements Section 3: Restoring the Resources – several goal statements Section 4: The Partnership – recognition of Partnership’s importance; would include two goals Section 5: Signatures Appendix A: Role of Federal Partners Appendix B: Governance and Structure – by-laws of the Partnership, describing each level of the partnership, responsibilities, and the decision-making process.