*** CURRENT THROUGH 106TH CONGRESS, 2ND SESSION ***
TITLE 42. THE PUBLIC HEALTH AND WELFARE
CHAPTER 55. NATIONAL ENVIRONMENTAL POLICY
42 USCS
§ 4321
(2001)
§ 4321.
Congressional declaration of purpose
The purposes of this Act [42 USCS §§ 4321 et seq.] are: To declare a national policy which will encourage productive and
enjoyable harmony between man and his environment; to promote efforts which
will prevent or eliminate damage to the environment and biosphere and stimulate
the health and welfare of man; to enrich the understanding of the ecological
systems and natural resources important to the Nation; and to establish a
Council on Environmental Quality.
HISTORY:
(Jan. 1, 1970, P.L. 91-190,
§ 2, 83 Stat. 852.)
HISTORY; ANCILLARY LAWS AND DIRECTIVES
Short titles:
Act Jan. 1, 1970, P.L. 91-190,
§ 1, 83 Stat. 852, provided:
"This Act [42 USCS §§ 4321 et seq. generally; for full classification, consult USCS Tables volumes] may
be cited as the 'National Environmental Policy Act of 1969'.".
Transfer of functions:
Reorg. Plan No. 1 of 1979,
§§ 102(e), (f), 203(a),
44 Fed. Reg. 33663, 33666, 93 Stat. 1373, 1376, effective July 1, 1979, which appears as
5 USCS § 903 note, provided that enforcement functions of Secretary or other official in
Department of Interior related to compliance with system activities requiring
coordination and approval under
42 USCS §§ 4321 et seq., and enforcement functions of Secretary or other official in
Department of Agriculture,
insofar as they involve lands and programs under jurisdiction of that
Department, related to compliance with
42 USCS §§ 4321 et seq., with respect to pre-construction, construction, and initial operation
of transportation system for Canadian and Alaskan natural gas were transferred
to the Federal Inspector, Office of Federal Inspector for the Alaska Natural
Gas Transportation System, until the first anniversary of date of initial
operation of the Alaska Natural Gas Transportation System.
Other provisions:
National Oceanic and Atmospheric Administration. For establishment of the
National Oceanic and Atmospheric Administration, see Reorganization Plan No 4
of 1970, which appears as
5 USCS § 903 note.
Cabinet Committee on the Environment and Citizens' Advisory Committee on
Environmental Quality. Ex. Or. No. 11472 of May 29, 1969,
34 Fed. Reg. 8693, as amended by Ex. Or. No. 11514 of Mar. 5,
1970,
35 Fed. Reg. 4247, Ex. Or. No. 12007 of Aug. 22, 1977,
§ 2(b),
42 Fed. Reg. 42839, provided:
"Part I. Cabinet Committee on the Environment
"Section 101. Establishment of the Cabinet Committee. (a) There is hereby
established the Cabinet Committee on the Environment (hereinafter referred to
as 'the Cabinet Committee').
"(b) The President of the United States shall preside over meetings of the
Cabinet Committee. The Vice President shall preside in the absence of the
President.
"(c) The Cabinet Committee shall be composed of the following members:
"The Vice President of the United States
"Secretary of Agriculture
"Secretary of Commerce
"Secretary of Health, Education and Welfare
"Secretary of Housing and Urban Development
"Secretary of the Interior
"Secretary of Transportation
and such other heads of departments and agencies and others as the President
may from time to time direct.
"(d) Each member of the Cabinet Committee may designate an alternate, who
shall serve as a member of the Cabinet Committee whenever the regular member is
unable to attend any meeting of the Cabinet Committee.
"(e) When matters which affect the interest of Federal agencies the heads of
which are not members of the Cabinet Committee are to be considered by the
Cabinet Committee, the President or his representative may invite such agency
heads or their alternates to participate in the deliberations of the Cabinet
Committee.
"(f) The Director of the Bureau of the Budget [Director of the Office of
Management and Budget], the Director of the Office of Science and Technology,
the Chairman of the Council of Economic Advisers, and the Executive Secretary
of the Council for Urban Affairs or their representatives may participate in
the deliberations of the Cabinet Committee on the Environment as observers.
"(g) The Chairman of the Council on Environmental Quality (established by Public
Law 91-190 [42 USCS §§ 4321 et seq.]) shall assist the President in directing the affairs of the Cabinet
Committee.
"Sec. 102. Functions of the
Cabinet Committee. (a) The Cabinet Committee shall advise and assist the
President with respect to environmental quality matters and shall perform such
other related duties as the President may from time to time prescribe. In
addition thereto, the Cabinet Committee is directed to:
"(1) Recommend measures to ensure that Federal policies and programs, including
those for development and conservation of natural resources, take adequate
account of environmental effects.
"(2) Review the adequacy of existing systems for monitoring and predicting
environmental changes so as to achieve effective coverage and efficient use of
facilities and other resources.
"(3) Foster cooperation between the Federal Government, State and local
governments, and private organizations in environmental programs.
"(4) Seek advancement of scientific knowledge of changes in the environment and
encourage the development of technology to prevent or minimize adverse effects
that endanger man's health and well-being.
"(5) Stimulate
public and private participation in programs and activities to protect against
pollution of the Nation's air, water, and land and its living resources.
"(6) Encourage timely public disclosure by all levels of government and by
private parties of plans that would affect the quality of environment.
"(7) Assure assessment of new and changing technologies for their potential
effects on the environment.
"(8) Facilitate coordination among departments and agencies of the Federal
Government in protecting and improving the environment.
"(b) The Cabinet Committee shall review plans and actions of Federal agencies
affecting outdoor recreation and natural beauty. The Cabinet Committee may
conduct studies and make recommendations to the President on matters of policy
in the fields of outdoor recreation and natural beauty. In carrying out the
foregoing provisions of this subsection, the Cabinet Committee shall, as far as
may be practical, advise Federal agencies with respect to the effect of their
respective
plans and programs on recreation and natural beauty, and may suggest to such
agencies ways to accomplish the purposes of this order. For the purposes of
this order, plans and programs may include, but are not limited to, those for
or affecting: (1) Development, restoration, and preservation of the beauty of
the countryside, urban and suburban areas, water resources, wild rivers, scenic
roads, parkways and highways, (2) the protection and appropriate management of
scenic or primitive areas, natural wonders, historic sites, and recreation
areas, (3) the management of Federal land and water resources, including fish
and wildlife, to enhance natural beauty and recreational opportunities
consistent with other essential uses, (4) cooperation with the States and their
local subdivisions and private organizations and individuals in areas of mutual
interest, (5) interstate arrangements, including Federal participation where
authorized and necessary, and (6) leadership in a nationwide recreation and
beautification effort.
"Sec. 103. Coordination. The Secretary of the Interior may make available to the
Cabinet Committee for coordination of outdoor recreation the authorities and
resources available to him under the Act of May 28, 1963, 77 Stat. 49 [16 USCS §§ 460l et seq.]; to the extent permitted by law, he may make such authorities and
resources available to the Cabinet Committee also for promoting such
coordination of other matters assigned to the Cabinet Committee by this order.
"Sec. 104. Assistance for the Cabinet Committee. In compliance with provisions
of applicable law, and as necessary to serve the purposes of this order, (1)
the Council on Environmental Quality (established by Public Law 91-190 [42 USCS §§ 4321 et seq.]) shall provide or arrange for necessary administrative and staff
services, support, and facilities for the Cabinet Committee, and (2) each
department and agency which has
membership on the Cabinet Committee under Section 101(c) hereof shall furnish
the Cabinet Committee such information and other assistance as may be available.
"Part II [Revoked]
"Part III. General Provisions
"Sec. 301. Construction. Nothing in this order shall be construed as subjecting
any department, establishment, or other instrumentality of the executive branch
of the Federal Government or the head thereof, or any function vested by law in
or assigned pursuant to law to any such agency or head, to the authority of any
other such agency or head or as abrogating, modifying, or restricting any such
function in any manner.
"Sec. 302. Prior bodies and orders. The President's Council on Recreation and
Natural Beauty and the Citizens' Advisory Committee on Recreation and Natural
Beauty are hereby terminated and the following are revoked:
"(1) Executive Order No. 11278 of May 4, 1966.
"(2) Executive Order No. 11359A of June 29, 1967.
"(3) Executive Order No.
11402 of March 29, 1968.".
Termination of Cabinet Committee on the Environment. The Cabinet Committee on
the Environment (see Ex. Or. No. 11472, which appears as a note to this
section) was terminated and its functions were transferred to the Domestic
Council by Ex. Or. No. 11541 of July 1, 1970,
35 Fed. Reg. 10737.
The Domestic Council was abolished by Reorg. Plan No. 1 of 1977,
§ 3,
42 Fed. Reg. 56101, 91 Stat. 1633, (which appears as
5 USCS § 903 note), effective on or before Apr. 1, 1978, at such time as specified by the
President. Section 1 of such Reorg. Plan redesignated the Domestic Council
staff as the Domestic Policy staff and
§ 5D of Reorg. Plan No. 1 of 1977 transferred all functions vested in the
Domestic Council to the President with power to delegate the performance of
such transferred functions within the Executive
Office of the President.
Protection and enhancement of environmental quality. Ex. Or. No. 11514 of Mar.
5, 1970,
35 Fed. Reg. 4247, as amended by Ex. Or. No. 11991 of May 24, 1977,
42 Fed. Reg. 26967, provided:
"Sec. 1. Policy. The Federal Government shall provide leadership in protecting
and enhancing the quality of the Nation's environment to sustain and enrich
human life. Federal agencies shall initiate measures needed to direct their
policies, plans and programs so as to meet national environmental goals. The
Council on Environmental Quality, through the Chairman, shall advise and assist
the President in leading this national effort.
"Sec. 2. Responsibilities of Federal agencies. Consonant with Title I of the
National Environmental Policy Act of 1969 [42 USCS §§ 4331 et seq.], hereafter referred to as the
"Act," the heads of Federal agencies shall:
"(a) Monitor, evaluate, and control on a continuing basis their agencies'
activities so as to protect and enhance the quality of the environment. Such
activities shall include those directed to controlling pollution and enhancing
the environment and those designed to accomplish other program objectives which
may affect the quality of the environment. Agencies shall develop programs and
measures to protect and enhance environmental quality and shall assess progress
in meeting the specific objectives of such activities. Heads of agencies shall
consult with appropriate Federal, State and local agencies in carrying out
their activities as they affect the quality of the environment.
"(b) Develop procedures to ensure the fullest practicable provision of timely
public information and understanding of Federal plans and programs with
environmental impact in order to obtain the views of interested parties. These
procedures shall include, whenever appropriate, provision for public hearings,
and shall provide the public with relevant information, including
information on alternative courses of action. Federal agencies shall also
encourage State and local agencies to adopt similar procedures for informing
the public concerning their activities affecting the quality of the environment.
"(c) Insure that information regarding existing or potential environmental
problems and control methods developed as part of research, development,
demonstration, test, or evaluation activities is made available to Federal
agencies, States, counties, municipalities, institutions, and other entities,
as appropriate.
"(d) Review their agencies' statutory authority, administrative regulations,
policies, and procedures, including those relating to loans, grants, contracts,
leases, licenses, or permits, in order to identify any deficiencies or
inconsistencies therein which prohibit or limit full compliance with the
purposes and provisions of the Act [42 USCS §§ 4321 et seq.]. A report on this review and the corrective actions taken or planned,
including such measures to be proposed to the President as may be necessary to
bring their
authority and policies into conformance with the intent, purposes, and
procedures of the Act [42 USCS §§ 4321 et seq.], shall be provided to the Council on Environmental Quality not later
than September 1, 1970.
"(e) Engage in exchange of data and research results, and cooperate with
agencies of other governments to foster the purposes of the Act [42 USCS §§ 4321 et seq.].
"(f) Proceed, in coordination with other agencies, with actions required by
section 102 of the Act [42 USCS § 4332].
"(g) In carrying out their responsibilities under the Act and this Order, comply
with the regulations issued by the Council except where such compliance would
be inconsistent with statutory requirements.
"Sec. 3. Responsibilities of Council on Environmental Quality. The Council on
Environmental Quality shall:
"(a) Evaluate existing and proposed policies and activities of the Federal
Government directed to the control of pollution and the enhancement of the
environment and to the
accomplishment of other objectives which affect the quality of the environment.
This shall include continuing review of procedures employed in the development
and enforcement of Federal standards affecting environmental quality. Based
upon such evaluations the Council shall, where appropriate, recommend to the
President policies and programs to achieve more effective protection and
enhancement of environmental quality and shall, where appropriate, seek
resolution of significant environmental issues.
"(b) Recommend to the President and to the agencies priorities among programs
designed for the control of pollution and for enhancement of the environment.
"(c) Determine the need for new policies and programs for dealing with
environmental problems not being adequately addressed.
"(d) Conduct, as it determines to be appropriate, public hearings or conferences
on issues of environmental significance.
"(e) Promote the development and use of indices and monitoring systems (1) to
assess environmental conditions and trends, (2) to predict the environmental
impact of proposed
public and private actions, and (3) to determine the effectiveness of programs
for protecting and enhancing environmental quality.
"(f) Coordinate Federal programs related to environmental quality.
"(g) Advise and assist the President and the agencies in achieving international
cooperation for dealing with environmental problems, under the foreign policy
guidance of the Secretary of State.
"(h) Issue regulations to Federal agencies for the implementation of the
procedural provisions of the Act
(42 U.S.C. 4332(2)). Such regulations shall be developed after consultation with affected
agencies and after such public hearings as may be appropriate. They will be
designed to make the environmental impact statement process more useful to
decisionmakers and the public; and to reduce paperwork and the accumulation of
extraneous background data, in order to emphasize the need to focus on real
environmental issues and alternatives. They will require impact statements to
be concise, clear, and to the point, and supported by evidence that
agencies have made the necessary environmental analyses. The Council shall
include in its regulations procedures (1) for the early preparation of
environmental impact statements, and (2) for the referral to the Council of
conflicts between agencies concerning the implementation of the National
Environmental Policy Act of 1969, as amended, and Section 309 of the Clean Air
Act, as amended [42 USCS § 7609], for the Council's recommendation as to their prompt resolution.
"(i) Issue such other instructions to agencies, and request such reports and
other information from them, as may be required to carry out the Council's
responsibilities under the Act [42 USCS §§ 4321 et seq.].
"(j) Assist the President in preparing the annual Environmental Quality Report
provided for in section 201 of the Act [42 USCS § 4341].
"(k) Foster investigations, studies, surveys, research, and analyses relating to
(i) ecological
systems and environmental quality, (ii) the impact of new and changing
technologies thereon, and (iii) means of preventing or reducing adverse effects
from such technologies.
"Sec. 4. Amendments of E.O. 11472. Executive Order No. 11472 of May 29, 1969
[note to this section], including the heading thereof, is hereby amended:
"(1) By substituting for the term 'the Environmental Quality Council', wherever
it occurs, the following: 'the Cabinet Committee on the Environment'.
"(2) By substituting for the term 'the Council', wherever it occurs, the
following: 'the Cabinet Committee'.
"(3) By inserting in subsection (f) of section 101, after 'Budget,', the
following: 'the Director of the Office of Science and Technology.'.
"(4) By substituting for subsection (g) of section 101 the following:
"(5) By deleting subsection (c) of section 102.
"(6) By substituting for 'the Office of Science and Technology', in section 104,
the following: 'the Council on
Environmental Quality (established by Public Law 91-190)'.
"(7) By substituting for '(hereinafter referred to as the
"Committee")', in section 201, the following: '(hereinafter referred to as the
"Citizens' Committee")'.
"(8) By substituting for the term 'the Committee', wherever it occurs, the
following: 'the Citizens' Committee'.".
National Industrial Pollution Control Council. Ex. Or. No. 11523 of Apr. 9,
1970,
35 Fed. Reg. 5993, provided:
"Section 1. Establishment of the Council. (a) There is hereby established the
National Industrial Pollution Control Council (hereinafter referred to as 'the
Industrial Council') which shall be composed of a Chairman, a Vice-chairman,
and other representatives of business and industry appointed by the Secretary
of Commerce (hereinafter referred to as 'the Secretary').
"(b) The Secretary, with the concurrence of the Chairman, shall appoint an
Executive Director of the Industrial Council.
"Sec. 2. Functions of the Industrial Council. The Industrial Council
shall advise the President and the Chairman of the Council on Environmental
Quality, through the Secretary, on programs of industry relating to the quality
of the environment. In particular, the Industrial Council may--
"(1) Survey and evaluate the plans and actions of industry in the field of
environmental quality.
"(2) Identify and examine problems of the effects on the environment of
industrial practices and the needs of industry for improvements in the quality
of the environment, and recommend solutions to those problems.
"(3) Provide liaison among members of the business and industrial community on
environmental quality matters.
"(4) Encourage the business and industrial community to improve the quality of
the environment.
"(5) Advise on plans and actions of Federal, State, and local agencies involving
environmental quality policies affecting industry which are referred to it by
the Secretary, or by the Chairman of the Council on Environmental Quality
through the Secretary.
"Sec. 3. Subordinate Committees. The Industrial Council may establish, with the
concurrence of the Secretary, such
subordinate committees as it may deem appropriate to assist in the performance
of its functions. Each subordinate committee shall be headed by a chairman
appointed by the Chairman of the Industrial Council with the concurrence of the
Secretary.
"Sec. 4. Assistance for the Industrial Council. In compliance with applicable
law, and as necessary to serve the purposes of this order, the Secretary shall
provide or arrange for administrative and staff services, support, and
facilities for the Industrial Council and any of its subordinate committees.
"Sec. 5. Expenses. Members of the Industrial Council or any of its subordinate
committees shall receive no compensation from the United States by reason of
their services hereunder, but may be allowed travel expenses, including per
diem in lieu of subsistence, as authorized by law
(5 U.S.C. 5703) for persons in the Government service employed intermittently.
"Sec. 6. Regulations. The provisions of Executive
Order No. 11007 of February 26, 1962 (3 CFR 573) [former
5 USCS § 901 note], prescribing regulations for the formation and use of advisory
committees, are hereby made applicable to the Industrial Council and each of
its subordinate committees. The Secretary may exercise the discretionary powers
set forth in that order.
"Sec. 7. Construction. Nothing in this order shall be construed as subjecting
any Federal agency, or any function vested by law in, or assigned pursuant to
law to, any Federal agency to the authority of any other Federal agency or of
the Industrial Council or of any of its subordinate committees, or as
abrogating or restricting any such function in any manner.".
Environmental Protection Agency. Reorg. Plan No. 3 of 1970, effective Dec. 2,
1970,
35 Fed. Reg. 15623, 84 Stat. 2086, as amended Aug. 23, 1983, P.L. 98-80,
§ 2(a)(2), (b)(2), (c)(2)(C), 97 Stat. 485, 486, prepared by the President and
transmitted to the Senate and the House of Representatives in Congress
assembled, July 9, 1970, pursuant to the provisions of Chapter 9 of Title 5 of
the United States Code [5 USCS §§ 901 et seq.], provided as follows:
"Environmental Protection Agency
"Section 1. Establishment of Agency
"(a) There is hereby established the Environmental Protection Agency,
hereinafter referred to as the 'Agency.'
"(b) There shall be at the head of the Agency the Administrator of the
Environmental Protection Agency, hereinafter referred to as the
'Administrator.' The Administrator shall be appointed by the President, by and
with the advice and consent of the Senate.
"(c) There shall be in the Agency a Deputy Administrator of the Environmental
Protection Agency who shall be appointed by the President, by and with the
advice and consent of the Senate. The Deputy Administrator shall perform such
functions as the Administrator
shall from time to time assign or delegate, and shall act as Administrator
during the absence or disability of the Administrator or in the event of a
vacancy in the office of Administrator.
"(d) There shall be in the Agency not to exceed five Assistant Administrators of
the Environmental Protection Agency who shall be appointed by the President, by
and with the advice and consent of the Senate. Each Assistant Administrator
shall perform such functions as the Administrator shall from time to time
assign or delegate.
"Sec. 2. Transfers to Environmental Protection Agency
"(a) There are hereby transferred to the Administrator:
"(1) All functions vested by law in the Secretary of the Interior and the
Department of the Interior which are administered through the Federal Water
Quality Administration, all functions which were transferred to the Secretary
of the Interior by Reorganization Plan No. 2 of 1966 (80 Stat. 1608), and all
functions vested in the Secretary of the Interior or the Department of the
Interior by the Federal Water Pollution
Control Act or by provisions of law amendatory or supplementary thereof [see
33 USCS §§ 1251 et seq.].
"(2)
(i) The functions vested in the Secretary of the Interior by the Act of August
1, 1958, 72 Stat. 479,
16 U.S.C. 742d-1 (being an Act relating to studies on the effects of insecticides, herbicides,
fungicides, and pesticides upon the fish and wildlife resources of the United
States), and (ii) the functions vested by law in the Secretary of the Interior
and the Department of the Interior which are administered by the Gulf Breeze
Biological Laboratory of the Bureau of Commercial Fisheries at Gulf Breeze,
Florida.
"(3) The functions vested by law in the Secretary of Health, Education, and
Welfare or in the Department of Health, Education, and Welfare which are
administered through the Environmental Health Service, including the functions
exercised by the following components thereof:
"(i) The National Air Pollution
Control Administration,
"(ii) The Environmental Control Administration:
"(A) Bureau of Solid Waste Management,
"(B) Bureau of Water Hygiene,
"(C) Bureau of Radiological Health,
except that functions carried out by the following components of the
Environmental Control Administration of the Environmental Health Service are
not transferred: (i) Bureau of Community Environmental Management, (ii) Bureau
of Occupational Safety and Health, and (iii) Bureau of Radiological Health,
insofar as the functions carried out by the latter Bureau pertain to (A)
regulation of radiation from consumer products, including electronic product
radiation, (B) radiation as used in the healing arts, (C) occupational
exposures to radiation, and (D) research, technical assistance, and training
related to clauses (A), (B), and (C).
"(4) The functions vested in the Secretary of Health, Education, and Welfare of
establishing tolerances for pesticide chemicals under the Federal
Food, Drug, and Cosmetic Act, as amended,
21 U.S.C. 346, 346a, and 348, together with authority, in connection with the functions
transferred, (i) to monitor compliance with the tolerances and the
effectiveness of surveillance and enforcement, and (ii) to provide technical
assistance to the States and conduct research under the Federal Food, Drug, and
Cosmetic Act, as amended, and the Public Health Service Act, as amended.
"(5) So much of the functions of the Council on Environmental Quality under
section 204(5) of the National Environmental Policy Act of 1969 (Public Law
91-190 approved January 1, 1970, 83 Stat. 855) [42 USCS § 4344(5)], as pertains to ecological systems.
"(6) The functions of the Atomic Energy Commission under the Atomic Energy Act
of 1954, as amended [42 USCS §§ 2011 et seq.], administered through its Division of Radiation Protection Standards,
to the extent that such
functions of the Commission consist of establishing generally applicable
environmental standards for the protection of the general environment from
radioactive material. As used herein, standards mean limits on radiation
exposures or levels, or concentrations or quantities of radioactive material,
in the general environment outside the boundaries of locations under the
control of persons possessing or using radioactive material.
"(7) All functions of the Federal Radiation Council
(42 U.S.C. 2021(h)).
"(8)
(i) The functions of the Secretary of Agriculture and the Department of
Agriculture under the Federal Insecticide, Fungicide, and Rodenticide Act, as
amended
(7 U.S.C. 135-135d) [7 USCS §§ 136 et seq.], (ii) the functions of the Secretary of Agriculture and the
Department of Agriculture under section 408(l) of the Federal Food, Drug, and
Cosmetic Act, as amended
(21 U.S.C. 346a(l)), and (iii) the functions vested by law in the Secretary of Agriculture and
the Department of
Agriculture which are administered through the Environmental Quality Branch of
the Plant Protection Division of the Agricultural Research Service.
"(9) So much of the functions of the transferor officers and agencies referred
to in or affected by the foregoing provisions of this section as is incidental
to or necessary for the performance by or under the Administrator of the
functions transferred by those provisions or relates primarily to those
functions. The transfers to the Administrator made by this section shall be
deemed to include the transfer of (1) authority, provided by law, to prescribe
regulations relating primarily to the transferred functions, and (2) the
functions vested in the Secretary of the Interior and the Secretary of Health,
Education, and Welfare by section 169(d)(1)(B) and (3) of the Internal Revenue
Code of 1954 (as enacted by section 704 of the Tax Reform Act of 1969, 83 Stat.
668) 26 USCS § 169(d)(1)(B) and (3)]; but
shall be deemed to exclude the transfer of the functions of the Bureau of
Reclamation under section 3(b)(1) of the Water Pollution Control Act ([former]
33 U.S.C. 466a(b)(1)).
"(b) There are hereby transferred to the Agency:
"(1) From the Department of the Interior, (i) the Water Pollution Control
Advisory Board
(33 U.S.C. 466f) [33 USCS § 1363],together with its functions, and (ii) the hearing boards provided for in
sections 10(c)(4) and 10(f) of the Federal Water Pollution Control Act, as
amended ([former]
33 U.S.C. 466g(c)(4); 466g(f). The functions of the Secretary of the Interior with respect to
being or designating the Chairman of the Water Pollution Control Advisory Board
are hereby transferred to the Administrator.
"(2) From the Department of Health, Education, and Welfare, the Air Quality
Advisory Board
(42 U.S.C. 1857e [now
42 USCS § 7417]),
together with its functions. The functions of the Secretary of Health,
Education, and Welfare with respect to being a member and the Chairman of that
Board are hereby transferred to the Administrator.
"Sec. 3. Performance of transferred functions
"The Administrator may from time to time make such provisions as he shall deem
appropriate authorizing the performance of any of the functions transferred to
him by the provisions of this reorganization plan by any other officer, or by
any organizational entity or employee, of the Agency.
"Sec. 4. Incidental transfers
"(a) So much of the personnel, property, records, and unexpended balances of
appropriations, allocations, and other funds employed, used, held, available,
or to be made available in connection with the functions transferred to the
Administrator or the Agency by this reorganization plan as the Director of the
Office of Management and Budget shall determine shall be transferred to the
Agency at such time or times as the Director shall direct.
"(b) Such further measures and dispositions as the Director of Office of
Management and Budget shall deem to be necessary
in order to effectuate the transfers referred to in subsection (a) of this
section shall be carried out in such manner as he shall direct and by such
agencies as he shall designate.
"Sec. 5. Interim officers
"(a) The President may authorize any person who immediately prior to the
effective date of this reorganization plan held a position in the executive
branch of the Government to act as Administrator until the office of
Administrator is for the first time filled pursuant to the provisions of this
reorganization plan or by recess appointment, as the case may be.
"(b) The President may similarly authorize any such person to act as Deputy
Administrator, authorize any such person to act as Assistant Administrator, and
authorize any such person to act as the head of any principal constituent
organizational entity of the Administration.
"(c) The President may authorize any person who serves in an acting capacity
under the foregoing provisions of this section to receive the compensation
attached to the office
in respect of which he so serves. Such compensation, if authorized, shall be in
lieu of, but not in addition to, other compensation from the United States to
which such person may be entitled.
"Sec. 6. Abolitions
"(a) Subject to the provisions of this reorganization plan, the following,
exclusive of any functions, are hereby abolished:
"(1) The Federal Water Quality Administration in the Department of the Interior
( [former]
33 U.S.C. 466-1).
"(2) The Federal Radiation Council (73 Stat. 690;
42 U.S.C. 2021(h)).
"(b) Such provisions as may be necessary with respect to terminating any
outstanding affairs shall be made by the Secretary of the Interior in the case
of the Federal Water Quality Administration and by the Administrator of General
Services in the case of the Federal Radiation Council.
"Sec. 7. Effective date
"The provisions of this reorganization plan shall take effect sixty days after
the date they would take effect under
5 U.S.C. 906(a) in the absence of this section."
Messages to Congress relative to Reorganization Plan No. 3 of 1970.
Reorganization Plan No. 3 of 1970 was transmitted to Congress along with the
following two messages, signed by President Nixon, and dated July 9, 1970:
"To the Congress of the United States:
"I transmit herewith Reorganization Plan No. 3 of 1970, prepared in accordance
with chapter 9 of title 5 of the United States Code and providing for an
Environmental Protection Agency. My reasons for transmitting this plan are
stated in a more extended accompanying message.
"After investigation, I have found and hereby declare that each reorganization
included in Reorganization Plan No. 3 of 1970 is necessary to accomplish one or
more of the purposes set forth in section 901(a) of title 5 of the United
States
Code. In particular, the plan is responsive to section 901(a)(1), 'to promote
the better execution of the laws, the more effective management of the
executive branch and of its agencies and functions, and the expeditious
administration of the public business;' and section 901(a)(3), 'to increase the
efficiency of the operations of the Government to the fullest extent
practicable.'
"The reorganizations provided for in the plan make necessary the appointment and
compensation of new officers as specified in section 1 of the plan. The rates
of compensation fixed for these officers are comparable to those fixed for
other officers in the executive branch who have similar responsibilities.
"Section 907 of title 5 of the United States Code will operate to preserve
administrative proceedings, including any public hearing proceedings, related
to the transferred functions, which are pending immediately prior to the taking
effect of the reorganization plan.
"The reorganization plan should result in more efficient operation of the
Government. It is
not practical, however, to itemize or aggregate the exact expenditure
reductions which will result from this action.".
"To the Congress of the United States:
"As concern with the condition of our physical environment has intensified, it
has become increasingly clear that we need to know more about the total
environment--land, water and air. It also has become increasingly clear that
only by reorganizing our Federal efforts can we develop that knowledge, and
effectively ensure the protection, development and enhancement of the total
environment itself.
"The Government's environmentally-related activities have grown up piecemeal
over the years. The time has come to organize them rationally and
systematically. As a major step in this direction, I am transmitting today two
reorganization plans: one to establish an Environmental Protection Agency, and
one to establish, within the Department of Commerce, a National Oceanic and
Atmospheric Administration.
"ENVIRONMENTAL PROTECTION AGENCY (EPA)
"Our national government today is not structured to make a
coordinated attack on the pollutants which debase the air we breathe, the water
we drink, and the land that grows our food. Indeed, the present governmental
structure for dealing with environmental pollution often defies effective and
concerted action.
"Despite its complexity, for pollution control purposes the environment must be
perceived as a single, interrelated system. Present assignments of departmental
responsibilities do not reflect this interrelatedness.
"Many agency missions, for example, are designed primarily along media
lines--air, water, and land. Yet the sources of air, water, and land pollution
are interrelated and often interchangeable. A single source may pollute the air
with smoke and chemicals, the land with solid wastes, and a river or lake with
chemical and other wastes. Control of the air pollution may produce more solid
wastes, which then pollute the land or water. Control of the water-polluting
effluent may convert it into
solid wastes, which must be disposed of on land.
"Similarly, some pollutants--chemicals, radiation, pesticides--appear in all
media. Successful control of them at present requires the coordinated efforts
of a variety of separate agencies and departments. The results are not always
successful.
"A far more effective approach to pollution control would:
--identify pollutants.
--trace them through the entire ecological chain, observing and recording
changes in form as they occur.
--Determine the total exposure of man his environment.
--Examine interactions among forms of pollution.
--Identify where in the ecological chain interdiction would be most appropriate.
"In organizational terms, this requires pulling together into one agency a
variety of research, monitoring, standard-setting and enforcement activities
now scattered through several departments and agencies. It also requires that
the new agency include sufficient support elements--in research and in aids to
State and local
antipollution programs, for example--to give it the needed strength and
potential for carrying out its mission. The new agency would also, of course,
draw upon the results of research conducted by other agencies.
"COMPONENTS OF THE EPA
"Under the terms of Reorganization Plan No. 3, the following would be moved to
the new Environmental Protection Agency:
--The functions carried out by the Federal Water Quality Administration (from
the Department of the Interior).
--Functions with respect to pesticides studies now vested in the Department of
the Interior.
--The functions carried out by the National Air Pollution Control
Administration (from the Department of Health, Education, and Welfare).
--The functions carried out by the Bureau of Solid Waste Management and the
Bureau of Water Hygiene, and portions of the functions carried out by the
Bureau of Radiological Health of the Environmental Control Administration (from
the Department of Health, Education, and Welfare).
--Certain functions with respect to pesticides carried
out by the Food and Drug Administration (from the Department of Health,
Education, and Welfare).
--Authority to perform studies relating to ecological systems now vested in the
Council on Environmental Quality.
--Certain functions respecting radiation criteria and standards now vested in
the Atomic Energy Commission and the Federal Radiation Council.
--Functions respecting pesticides registration and related activities now
carried out by the Agricultural Research Service (from the Department of
Agriculture).
"With its broad mandate, EPA would also develop competence in areas of
environmental protection that have not previously been given enough attention,
such, for example, as the problem of noise, and it would provide an
organization to which new programs in these areas could be added.
"In brief, these are the principal functions to be transferred:
"Federal Water Quality Administration.--Charged with the control of pollutants
which impair water quality, it is broadly concerned with the impact of degraded
water quality. It performs a wide
variety of functions, including research, standard-setting and enforcement, and
provides construction grants and technical assistance.
"Certain pesticides research authority from the Department of the
Interior.--Authority for research on the effects of pesticides on fish and
wildlife would be provided to the EPA through transfer of the specialized
research authority of the pesticides act enacted in 1958. Interior would retain
its responsibility to do research on all factors affecting fish and wildlife.
Under this provision, only one laboratory would be transferred to the EPA--the
Gulf Breeze Biological Laboratory of the Bureau of Commercial Fisheries. The
EPA would work closely with the fish and wildlife laboratories remaining with
the Bureau of Sport Fisheries and Wildlife.
"National Air Pollution Control Administration.--As the principal Federal agency
concerned with air pollution, it conducts research on the effects of air
pollution, operates a monitoring network, and promulgates criteria which serve
as the basis for setting air quality standards. Its regulatory
functions are similar to those of the Federal Water Quality Administration.
NAPCA is responsible for administering the Clean Air Act, which involves
designating air quality regions, approving State standards and providing
financial and technical assistance to State Control agencies to enable them to
comply with the Act's provisions. It also sets and enforces Federal automotive
emission standards.
"Elements of the Environmental Control Administration.--ECA is the focal point
within HEW for evaluation and control of a broad range of environmental health
problems, including water quality, solid wastes, and radiation. Programs in the
ECA involve research, development of criteria and standards, and the
administration of planning and demonstration grants. From the ECA, the
activities of the Bureaus of Water Hygiene and Solid Waste Management and
portions of the activities of the Bureau of Radiological Health would be
transferred. Other functions of the ECA including those related to the
regulation of radiation from consumer products and occupational safety and
health would
remain in HEW.
"Pesticides research and standard-setting programs of the Food and Drug
Administration.--FDA's pesticides program consists of setting and enforcing
standards which limit pesticide residues in food. EPA would have the authority
to set pesticide standards and to monitor compliance with them, as well as to
conduct related research. However, as an integral part of its food protection
activities, FDA would retain its authority to remove from the market food with
excess pesticide residues.
"General ecological research from the Council on Environmental Quality.--This
authority to perform studies and research relating to ecological systems would
be in addition to EPA's other specific research authorities, and it would help
EPA to measure the impact of pollutants. The Council on Environmental Quality
would retain its authority to conduct studies and research relating to
environmental quality.
"Environmental radiation standards programs.--The Atomic Energy Commission is
now responsible for establishing environmental radiation standards and emission
limits
for radioactivity. Those standards have been based largely on broad guidelines
recommended by the Federal Radiation Council. The Atomic Energy Commission's
authority to set standards for the protection of the general environment from
radioactive material would be transferred to the Environmental Protection
Agency. The functions of the Federal Radiation Council would also be
transferred. AEC would retain responsibility for the implementation and
enforcement of radiation standards through its licensing authority.
"Pesticides registration program of the Agricultural Research Service.--The
Department of Agriculture is currently responsible for several distinct
functions related to pesticides use. It conducts research on the efficacy of
various pesticides as related to other pest control methods and on the effects
of pesticides on non-target plants, livestock, and poultry. It registers
pesticides, monitors their persistence and carries out an educational program
on pesticide use through the extension service. It conducts extensive pest
control programs which utilize pesticides.
"By transferring the
Department of Agriculture's pesticides registration and monitoring function to
the EPA and merging it with the pesticides programs being transferred from HEW
and Interior, the new agency would be given a broad capability for control over
the introduction of pesticides into the environment.
"The Department of Agriculture would continue to conduct research on the
effectiveness of pesticides. The Department would furnish this information to
the EPA, which would have the responsibility for actually licensing pesticides
for use after considering environmental and health effects. Thus the new agency
would be able to make use of the expertise of the Department.
"ADVANTAGES OF REORGANIZATION
"This reorganization would permit response to environmental problems in a manner
beyond the previous capability of our pollution control programs. The EPA would
have the capacity to do research on important pollutants irrespective of the
media in which they appear, and on the impact of these pollutants on the total
environment. Both by itself and together with other agencies, the EPA would
monitor the condition of the environment--biological as well as physical. With
these data, the EPA would be
able to establish quantitative 'environmental baselines'--critical if we are to
measure adequately the success or failure of our pollution abatement efforts.
"As no disjointed array of separate programs can, the EPA would be able--in
concert with the States--to set and enforce standards for air and water quality
and for individual pollutants. This consolidation of pollution control
authorities would help assure that we do not create new environmental problems
in the process of controlling existing ones. Industries seeking to minimize the
adverse impact of their activities on the environment would be assured of
consistent standards covering the full range of their waste disposal problems.
As the States develop and expand their own pollution control programs, they
would be able to look to one agency to support their efforts with financial and
technical assistance and training.
"In proposing that the Environmental Protection Agency be set up as a separate
new agency, I am making an exception to one of my own
principles: that, as a matter of effective and orderly administration,
additional new independent agencies normally should not be created. In this
case, however, the arguments against placing environmental protection
activities under the jurisdiction of one or another of the existing departments
and agencies are compelling.
"In the first place, almost every part of government is concerned with the
environment in some way, and affects it in some way. Yet each department also
has its own primary mission--such as resource development, transportation,
health, defense, urban growth or agriculture--which necessarily affects its own
view of environmental questions.
"In the second place, if the critical standard-setting functions were
centralized within any one existing department, it would require that
department constantly to make decisions affecting other departments--in which,
whether fairly or unfairly, its own objectivity as an impartial arbiter could
be called into question.
"Because environmental protection cuts across so many jurisdictions, and because
arresting environmental
deterioration is of great importance to the quality of life in our country and
the world, I believe that in this case a strong, independent agency is needed.
That agency would, of course, work closely with and draw upon the expertise and
assistance of other agencies having experience in the environmental area.
"ROLES AND FUNCTIONS OF EPA
"The principal roles and functions of the EPA would include:
--The establishment and enforcement of environmental protection standards
consistent with national environmental goals.
--The conduct of research on the adverse effects of pollution and on methods
and equipment for controlling it, the gathering of information on pollution,
and the use of this information in strengthening environmental protection
programs and recommending policy changes.
--Assisting others, through grants, technical assistance and other means in
arresting pollution of the environment.
--Assisting the Council on Environmental Quality in developing and recommending
to the President new policies for the protection of the environment.
"One natural question concerns the relationship
between the EPA and the Council on Environmental Quality, recently established
by Act of Congress.
"It is my intention and expectation that the two will work in close harmony,
reinforcing each other's mission. Essentially, the Council is a top-level
advisory group (which might be compared with the Council of Economic Advisers),
while the EPA would be an operating, 'line' organization. The Council will
continue to be a part of the Executive Office of the President and will perform
its overall coordinating and advisory roles with respect to all Federal
programs related to environmental quality.
"The Council, then, is concerned with all aspects of environmental
quality--wildlife preservation, parklands, land use, and population growth, as
well as pollution. The EPA would be charged with protecting the environment by
abating pollution. In short, the Council focuses on what our broad policies in
the environment field should be; the EPA would focus on setting and enforcing
pollution control standards. The two are not competing,
but complementary--and taken together, they should give us, for the first time,
the means to mount an effectively coordinated campaign against environmental
degradation in all of its many forms.
"NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
"The oceans and the atmosphere are interacting parts of the total environmental
system upon which we depend not only for the quality of our lives, but for life
itself.
"We face immediate and compelling needs for better protection of life and
property from natural hazards, and for a better understanding of the total
environment--and understanding which will enable us more effectively to monitor
and predict its actions, and ultimately, perhaps to exercise some degree of
control over them.
"We also face a compelling need for exploration and development leading to the
intelligent use of our marine resources. The global oceans, which constitute
nearly three-fourths of the surface of our planet, are today the
least-understood, the least-developed, and the least-protected part of our
earth. Food from the oceans will increasingly be a key element in the world's
fight against hunger. The mineral resources of the ocean beds and of the oceans
themselves, are being increasingly tapped to meet the growing world demand. We
must understand the nature of these resources, and assure their development
without either contaminating the marine environment or upsetting its balance.
"Establishment of the National Oceanic and Atmospheric
Administration--NOAA--within the Department of Commerce would enable us to
approach these tasks in a coordinated way. By employing a unified approach to
the problems of the oceans and atmosphere, we can increase our knowledge and
expand our opportunities not only in those areas, but in the third major
component of our environment, the solid earth, as well.
"Scattered through various Federal departments and agencies, we already have the
scientific, technological, and administrative resources to make an effective,
unified approach possible. What we need is to bring them together.
Establishment of NOAA would do so.
"By far the largest of the components being merged would be the Commerce
Department's Environmental Science Services Administration (ESSA), with some
10,000 employees (70 percent of NOAA's total personnel strength) and estimated
Fiscal 1970 expenditures of almost $ 200 million. Placing NOAA within the
Department of Commerce therefore entails the least dislocation, while also
placing it within a Department which has traditionally been a center for
service activities in the scientific and technological area.
"COMPONENTS OF NOAA
"Under terms of Reorganization Plan No. 4, the programs of the following
organizations would be moved into NOAA:
--The Environmental Science Services Administration (from within the Department
of Commerce).
--Elements of the Bureau of Commercial Fisheries (from the Department of the
Interior).
--The marine sport fish program of the Bureau of Sport Fisheries and Wildlife
(from the Department of the Interior).
--The Marine Minerals Technology Center of the Bureau of Mines (from the
Department of the Interior).
--The Office of Sea Grant
Programs (from the National Science Foundation).
--Elements of the United States Lake Survey (from the Department of the Army).
"In addition, by executive action, the programs of the following organizations
would be transferred to NOAA:
--The National Oceanographic Data Center (from the Department of the Navy).
--The National Oceanographic Instrumentation Center (from the Department of the
Navy).
--The National Data Buoy Project (from the Department of Transportation).
"In brief, these are the principal functions of the programs and agencies to be
combined:
"THE ENVIRONMENTAL SCIENCE SERVICES ADMINISTRATION
"(ESSA) comprises the following components:
--The Weather Bureau (weather, marine, river and flood forecasting and warning).
--The Coast and Geodetic Survey (earth and marine description, mapping and
charting).
--The Environmental Data Service (storage and retrieval of environmental data).
--The National Environmental Satellite Center (observation of the global
environment from earth-orbiting satellites).
--The ESSA Research Laboratories (research on physical environmental problems).
"ESSA's activities include observing and predicting the state of the
oceans, the state of the lower and upper atmosphere, and the size and shape of
the earth. It maintains the nation's warning systems for such natural hazards
as hurricanes, tornadoes, floods, earthquakes and seismic sea waves. It
provides information for national defense, agriculture, transportation and
industry.
"ESSA monitors atmospheric, oceanic and geophysical phenomena on a global basis,
through an unparalleled complex of air, ocean, earth and space facilities. It
also prepares aeronautical and marine maps and charts.
"Bureau of Commercial Fisheries and marine sport fish activities.--Those fishery
activities of the Department of the Interior's U.S. Fish and Wildlife Service
which are ocean related and those which are directed toward commercial fishing
would be transferred. The Fish and Wildlife Service's Bureau of Commercial
Fisheries has the dual function of strengthening the fishing industry and
promoting conservation of fishery stocks. It conducts research on important
marine species and on fundamental oceanography, and operates a fleet of
oceanographic
vessels and a number of laboratories. Most of its activities would be
transferred. From the Fish and Wildlife Service's Bureau of Sport Fisheries and
Wildlife, the marine sport fishing program would be transferred. This involves
five supporting laboratories and three ships engaged in activities to enhance
marine sport fishing opportunities.
"The Marine Minerals Technology Center is concerned with the development of
marine mining technology.
"Office of Sea Grant Programs.--The Sea Grant Program was authorized in 1966 to
permit the Federal Government to assist the academic and industrial communities
in developing marine resources and technology. It aims at strengthening
education and training of marine specialists, supporting applied research in
the recovery and use of marine resources, and developing extension and advisory
services. The Office carries out these objectives by making grants to selected
academic institutions.
"The U.S. Lake Survey has two primary missions. It prepares and publishes
navigation charts of the Great Lakes and tributary waters and conducts research
on a variety of hydraulic and hydrologic phenomena of the Great Lakes' waters.
Its activities are very similar to those conducted along the Atlantic and
Pacific coasts by ESSA's Coast and Geodetic Survey.
"The National Oceanographic Data Center is responsible for the collection and
dissemination of oceanographic data accumulated by all Federal agencies.
"The National Oceanographic Instrumentation Center provides a central Federal
service for the calibration and testing of oceanographic instruments.
"The National Data Buoy Development Project was established to determine the
feasibility of deploying a system of automatic ocean buoys to obtain oceanic
and atmospheric data.
"ROLE OF NOAA
"Drawing these activities together into a single agency would make possible a
balanced Federal program to improve our understanding of the resources of the
sea, and permit their development and use while guarding against the sort of
thoughtless
exploitation that in the past laid waste to so many of our precious natural
assets. It would make possible a consolidated program for achieving a more
comprehensive understanding of oceanic and atmospheric phenomena, which so
greatly affect our lives and activities. It would facilitate the cooperation
between public and private interests that can best serve the interests of all.
"I expect that NOAA would exercise leadership in developing a national oceanic
and atmospheric program of research and development. It would coordinate its
own scientific and technical resources with the technical and operational
capabilities of other government agencies and private institutions. As
important, NOAA would continue to provide those services to other agencies of
government, industry and private individuals which have become essential to the
efficient operation of our transportation systems, our agriculture and our
national security. I expect it to maintain continuing and close liaison with
the new Environmental Protection Agency and the Council on Environmental
Quality as part of an effort to ensure that
environmental questions are dealt with in their totality and they benefit from
the full range of the government's technical and human resources.
"Authorities who have studies this matter, including the Commission on Marine
Science, Engineering and Resources, strongly recommended the creation of a
National Advisory Committee for the Oceans. I agree. Consequently, I will
request, upon approval of the plan, that the Secretary of Commerce establish a
National Advisory Committee for the Oceans and the Atmosphere to advise him on
the progress of governmental and private programs in achieving the nation's
oceanic and atmospheric objectives.
"AN ON-GOING PROCESS
"The reorganizations which I am here proposing afford both the Congress and the
Executive Branch an opportunity to re-evaluate the adequacy of existing program
authorities involved in these consolidations. As these two new organizations
come into being, we may well find that supplementary legislation to perfect
their authorities will be necessary. I look forward to working with the
Congress in this
task.
"In formulating these reorganization plans, I have been greatly aided by the
work of the President's Advisory Council on Executive Organization (the Ash
Council), the Commission on Marine Science, Engineering and Resources (the
Stratton Commission, appointed by President Johnson), my special task force on
oceanography headed by Dr. James Wakelin, and by the information developed
during both House and Senate hearings on proposed NOAA legislation.
"Many of those who have advised me have proposed additional reorganizations, and
it may well be that in the future I shall recommend further changes. For the
present, however, I think the two reorganizations transmitted today represent a
sound and significant beginning. I also think that in practical terms, in this
sensitive and rapidly developing area, it is better to proceed a step at a
time--and thus to be sure that we are not caught up in a form of organizational
indigestion from trying to rearrange too much at once. As we see how these
changes work out, we will gain a better understanding of what further
changes--in addition to these--might be desirable.
"Ultimately, our objective should be to insure that the nation's environmental
and resource protection activities are so organized as to maximize both the
effective coordination of all and the effective functioning of each.
"The Congress, the Administration and the public all share a profound commitment
to the rescue of our natural environment, and the preservation of the Earth as
a place both habitable by and hospitable to man. With its acceptance of these
reorganization plans, the Congress will help us fulfill that commitment.".
Office of Inspector General. All the functions, powers, and duties of the
Office of Audit and the Security and Inspection Division in the Environmental
Protection Agency were transferred to the Office of Inspector General in the
Environmental Protection Agency by section 9(a)(1)(J) of Act Oct. 12, 1978,
P.L. 95-452,
92 Stat. 1107, which appears as 5 USCS Appx.
Ex. Or. No. 11643 revoked. Ex. Or. No. 11643 of Feb. 8, 1972,
37 Fed. Reg. 2875, as amended by Ex. Or. No. 11870 of July 18, 1975,
40 Fed. Reg. 30611; Ex. Or. No. 11917, of May 28, 1976,
41 Fed. Reg. 22239, formerly classified as a note to this section, was revoked by Ex. Or. No.
12342 of Jan. 27, 1982,
47 Fed. Reg. 4223. It provided for environmental safeguards on activities for animal damage
control on Federal lands.
Use of off-road vehicles on public lands. Ex. Or. No. 11644 of Feb. 8, 1972,
37 Fed. Reg. 2877, as amended by Ex. Or. No. 11989 of May 24, 1977,
42 Fed. Reg. 26959; Ex. Or.
No. 12608 of Sept. 9, 1987,
§ 21,
52 Fed. Reg. 34617, provided:
"Section 1. Purpose. It is the purpose of this order to establish policies and
provide for procedures that will ensure that the use of off-road vehicles on
public lands will be controlled and directed so as to protect the resources of
those lands, to promote the safety of all users of those lands, and to minimize
conflicts among the various uses of those lands.
"Sec. 2. Definitions. As used in this order the term:
"(1) 'public lands' means (A) all lands under the custody and control of the
Secretary of the Interior and the Secretary of Agriculture, except Indian
lands, (B) lands under the custody and control of the Tennessee Valley
Authority that are situated in western Kentucky and Tennessee and are
designated as
"Land Between the Lakes," and (C) lands under the custody and control of the Secretary of Defense;
"(2) 'respective agency head' means the Secretary of the Interior, the
Secretary of Defense, the Secretary of Agriculture, and the Board of Directors
of the Tennessee Valley Authority, with respect to public lands under the
custody and control of each;
"(3) 'off-road vehicle' means any motorized vehicle designed for or capable of
cross-country travel on or immediately over land, water, sand, snow, ice,
marsh, swampland, or other natural terrain; except that such term excludes (A)
any registered motorboat, (B) any fire, military, emergency or law enforcement
vehicle when used for emergency purposes, and any combat or combat support
vehicle when used for national defense purposes, and (C) any vehicle whose use
is expressly authorized by the respective agency head under a permit, lease,
license, or contract; and
"(4) 'official use' means use by an employee, agent, or designated
representative of the Federal Government or one of its contractors in the
course of his employment, agency, or
representation.
"Sec. 3. Zones of Use. (a) Each respective agency head shall develop and issue
regulations and administrative instructions, within six months of the date of
this order, to provide for administrative designation of the specific areas and
trails on public lands on which the use of off-road vehicles may be permitted,
and areas in which the use of off-road vehicles may not be permitted, and set a
date by which such designation of all public lands shall be completed. Those
regulations shall direct that the designation of such areas and trails will be
based upon the protection of the resources of the public lands, promotion of
the safety of all users of those lands, and minimization of conflicts among the
various uses of those lands. The regulations shall further require that the
designation of such areas and trails shall be in accordance with the following--
"(1) Areas and trials shall be located to minimize damage to soil, watershed,
vegetation, or other resources of the
public lands.
"(2) Areas and trails shall be located to minimize harassment of wildlife or
significant disruption of wildlife habitats.
"(3) Areas and trails shall be located to minimize conflicts between off-road
vehicle use and other existing or proposed recreational uses of the same or
neighboring public lands, and to ensure the compatibility of such uses with
existing conditions in populated areas, taking into account noise and other
factors.
"(4) Areas and trails shall not be located in officially designated Wilderness
Areas or Primitive Areas. Areas and trails shall be located in areas of the
National Park system, Natural Areas, or National Wildlife Refuges and Game
Ranges only if the respective agency head determines that off-road vehicle use
in such locations will not adversely affect their natural, aesthetic, or scenic
values.
"(b) The respective agency head
shall ensure adequate opportunity for public participation in the promulgation
of such regulations and in the designation of areas and trails under this
section.
"(c) The limitations on off-road vehicle use imposed under this section shall
not apply to official use.
"Sec. 4. Operating Conditions. Each respective agency head shall develop and
publish, within one year of the date of this order, regulations prescribing
operating conditions for off-road vehicles on the public lands. These
regulations shall be directed at protecting resource values, preserving public
health, safety, and welfare, and minimizing use conflicts.
"Sec. 5. Public Information. The respective agency head shall ensure that areas
and trails where off-road vehicle use is permitted are well marked and shall
provide for the publication and distribution of information, including maps,
describing such areas and trails and explaining the
conditions of vehicle use. He shall seek cooperation of relevant State agencies
in the dissemination of this information.
"Sec. 6. Enforcement. The respective agency head shall, where authorized by law,
prescribe appropriate penalties for violation of regulations adopted pursuant
to this order, and shall establish procedures for the enforcement of those
regulations. To the extent permitted by law, he may enter into agreements with
State or local governmental agencies for cooperative enforcement of laws and
regulations relating to off-road vehicle use.
"Sec. 7. Consultation. Before issuing the regulations or administrative
instructions required by this order or designating areas or trails as required
by this order and those regulations and administrative instructions, the
Secretary of the Interior shall, as appropriate, consult with the Secretary of
Energy and the Nuclear Regulatory Commission.
"Sec. 8. Monitoring of Effects and Review. (a) The respective agency head shall
monitor the effects of the
use of off-road vehicles on lands under their jurisdictions. On the basis of
the information gathered, they shall from time to time amend or rescind
designations of areas or other actions taken pursuant to this order as
necessary to further the policy of this order.
"(b) The Council on Environmental Quality shall maintain a continuing review of
the implementation of this order.
"Sec. 9. Special Protection of the Public Lands. (a) Notwithstanding the
provisions of Section 3 of this Order, the respective agency head shall,
whenever he determines that the use of off-road vehicles will cause or is
causing considerable adverse effects on the soil, vegetation, wildlife,
wildlife habitat or cultural or historic resources of particular areas or
trails of the public lands, immediately close such areas or trails to the type
of off-road vehicle causing such effects, until such time as he determines that
such adverse effects have been eliminated and that measures have been
implemented to prevent future recurrence.
"(b)
Each respective agency head is authorized to adopt the policy that portions of
the public lands within his jurisdiction shall be closed to use by off-road
vehicles except those areas or trails which are suitable and specifically
designated as open to such use pursuant to Section 3 of this Order.
Pollution control at Federal facilities. Ex. Or. No. 11752 of Dec. 17, 1973,
38 Fed. Reg. 34793, which formerly appeared as
42 USCS § 4331note and was referred to in a note to this section, was revoked by Ex. Or. No.
12088 of Oct. 13, 1978,
43 Fed. Reg. 47707, which appears as a note to this section. Ex. Or. 11752 provided for the
prevention, control and abatement of environmental pollution at federal
facilities.
Ex. Or. No. 11987 revoked. Ex. Or. No. 11987 of May 24, 1977,
42 Fed. Reg. 26949, which formerly appeared as
a note to this section, was revoked by Ex. Or. No. 13112 of Feb. 3, 1999,
64 Fed. Reg. 6183, which appears as a note to this section. The revoked order provided for
dealing with exotic organisms.
Floodplain management. Ex. Or. No. 11988 of May 24, 1977,
42 Fed. Reg. 26951, as amended by Ex. Or. No. 12148 of July 20, 1979,
44 Fed. Reg. 43239, provided:
"Section 1. Each agency shall provide leadership and shall take action to reduce
the risk of flood loss, to minimize the impact of floods on human safety,
health and welfare, and to restore and preserve the natural and beneficial
values served by floodplains in carrying out its responsibilities for (1)
acquiring, managing, and disposing of Federal lands and facilities; (2)
providing Federally undertaken, financed, or assisted construction and
improvements; and (3) conducting Federal activities and programs affecting land use, including but
not limited to water and related land resources planning, regulating, and
licensing activities.
"Sec. 2. In carrying out the activities described in Section 1 of this Order,
each agency has a responsibility to evaluate the potential effects of any
actions it may take in a floodplain; to ensure that its planning programs and
budget requests reflect consideration of flood hazards and floodplain
management; and to prescribe procedures to implement the policies and
requirements of this Order, as follows:
"(a)
(1) Before taking an action, each agency shall determine whether the proposed
action will occur in a floodplain--for major Federal actions significantly
affecting the quality of the human environment, the evaluation required below
will be included in any statement prepared under Section 102(2)(C) of the
National Environmental Policy Act. This determination shall be made according
to a Department of Housing and Urban Development (HUD) floodplain map or a more
detailed map of an area, if available. If such maps are not available, the
agency shall make a determination of the location of the floodplain based on
the best available information. The Water Resources Council shall issue
guidance on this information not later than October 1, 1977.
"(2) If an agency has determined to, or proposes to, conduct, support, or allow
an action to be located in a floodplain, the agency shall consider alternatives
to avoid adverse effects and incompatible development in the floodplains. If
the head of the agency finds that the only practicable alternative consistent
with the law and with the policy set forth in this Order requires siting in a
floodplain, the agency shall, prior to taking action, (i) design or modify its
action in order to
minimize potential harm to or within the floodplain, consistent with
regulations issued in accord with Section 2(d) of this Order, and (ii) prepare
and circulate a notice containing an explanation of why the action is proposed
to be located in the floodplain.
"(3) For programs subject to the Office of Management and Budget Circular A-95,
the agency shall send the notice, not to exceed three pages in length including
a location map, to the state and areawide A-95 clearinghouses for the
geographic areas affected. The notice shall include: (i) the reasons why the
action is proposed to be located in a floodplain; (ii) a statement indicating
whether the action conforms to applicable state or local floodplain protection
standards and (iii) a list of the alternatives considered. Agencies shall
endeavor to allow a brief comment period prior to taking any action.
"(4) Each
agency shall also provide opportunity for early public review of any plans or
proposals for actions in floodplains, in accordance with Section 2(b) of
Executive Order No. 11514, as amended, including the development of procedures
to accomplish this objective for Federal actions whose impact is not
significant enough to require the preparation of an environmental impact
statement under Section 102(2)(C) of the National Environmental Policy Act of
1969, as amended [42 USCS § 4332(2)(C)].
"(b) Any requests for new authorizations or appropriations transmitted to the
Office of Management and Budget shall indicate, if an action to be proposed
will be located in a floodplain, whether the proposed action is in accord with
this Order.
"(c) Each agency shall take floodplain management into account when formulating
or evaluating any water and land use plans and shall require land and water
resources use appropriate to the degree of hazard involved. Agencies shall
include adequate provision for the evaluation and consideration of flood
hazards in the regulations and operating procedures for the licenses, permits,
loan or grants-in-aid programs that they administer. Agencies shall also
encourage and provide appropriate guidance to applicants to evaluate the
effects of their proposals in floodplains prior to submitting applications for
Federal licenses, permits, loans or grants.
"(d) As allowed by law, each agency shall issue or amend existing regulations
and procedures within one year to comply with this Order. These procedures
shall incorporate the Unified National Program for Floodplain Management of the
Water Resources Council, and shall explain the means that the agency will
employ to pursue the nonhazardous use of riverine, coastal and other
floodplains in connection with the activities under its authority. To the
extent possible, existing
processes, such as those of the Council on Environmental Quality and the Water
Resources Council, shall be utilized to fulfill the requirements of this Order.
Agencies shall prepare their procedures in consultation with the Water
Resources Council, the Director of the Federal Emergency Management Agency, and
the Council on Environmental Quality, and shall update such procedures as
necessary.
"Sec. 3. In addition to the requirements of Section 2, agencies with
responsibilities for Federal real property and facilities shall take the
following measures:
"(a) The regulations and procedures established under Section 2(d) of this Order
shall, at a minimum, require the construction of Federal structures and
facilities to be in accordance with the standards and criteria and to be
consistent with the intent of those promulgated under the National Flood
Insurance Program. They shall deviate only to the extent that the standards of
the Flood Insurance Program are demonstrably inappropriate for a given type of
structure or facility.
"(b) If, after compliance with the requirements of this
Order, new construction of structures or facilities are to be located in a
floodplain, accepted floodproofing and other flood protection measures shall be
applied to new construction or rehabilitation. To achieve flood protection,
agencies shall, wherever practicable, elevate structures above the base flood
level rather than filling in land.
"(c) If property used by the general public has suffered flood damage or is
located in an identified flood hazard area, the responsible agency shall
provide on structures, and other places where appropriate, conspicuous
delineation of past and probable flood height in order to enhance public
awareness of and knowledge about flood hazards.
"(d) When property in floodplains is proposed for lease, easement, right-of-way,
or disposal to non-Federal public or private parties, the Federal agency shall
(1) reference in the conveyance those uses that are restricted
under identified Federal, State or local floodplain regulations; and (2) attach
other appropriate restrictions to the uses of properties by the grantee or
purchaser and any successors, except where prohibited by law; or (3) withhold
such properties from conveyance.
"Sec. 4. In addition to any responsibilities under this Order and Sections 202
and 205 of the Flood Disaster Protection Act of 1973, as amended
(42 U.S.C. 4106 and 4128 [42 USCS §§ 4106 and 4128]), agencies which guarantee, approve, regulate, or insure any
financial transaction which is related to an area located in a floodplain
shall, prior to completing action on such transaction, inform any private
parties participating in the transaction of the hazards of locating structures
in the floodplain.
"Sec. 5. The head of each agency shall submit a report to the Council on
Environmental Quality and to the Water Resources Council on June 30, 1978,
regarding the status of their
procedures and the impact of this Order on the agency's operations. Thereafter,
the Water Resources Council shall periodically evaluate agency procedures and
their effectiveness.
"Sec. 6. As used in this Order:
"(a) The term 'agency' shall have the same meaning as the term 'Executive
agency' in Section 105 of Title 5 of the United States Code and shall include
the military departments; the directives contained in this Order, however, are
meant to apply only to those agencies which perform the activities described in
Section 1 which are located in or affecting floodplains.
"(b) The term 'base flood' shall mean that flood which has a one percent or
greater chance of occurrence in any given year.
"(c) The term 'floodplain' shall mean the lowland and relatively flat areas
adjoining inland and coastal waters including floodprone areas of offshore
islands, including at a minimum, that area subject to a one
percent or greater chance of flooding in any given year.
"Sec. 7. Executive Order No. 11296 of August 10, 1966, is hereby revoked. All
actions, procedures, and issuances taken under that Order and still in effect
shall remain in effect until modified by appropriate authority under the terms
of this Order.
"Sec. 8. Nothing in this Order shall apply to assistance provided for emergency
work essential to save lives and protect property and public health and safety,
performed pursuant to Sections 305 and 306 of the Disaster Relief Act of 1974
(88 Stat. 148,
42 U.S.C. 5145 and 5146).
"Sec. 9. To the extent the provisions of Section 2(a) of this Order are
applicable to projects covered by Section 104(h) of the Housing and Community
Development Act of 1974, as amended (88 Stat. 640,
42 U.S.C. 5304(h), the responsibilities under those provisions may be assumed by the
appropriate applicant, if the applicant has also assumed, with respect to such
projects, all of the responsibilities for environmental review, decisionmaking,
and action pursuant to the National Environmental Policy Act of 1969, as
amended [42 USCS §§ 4321 et seq.].".
Protection of wetlands. Ex. Or. No. 11990 of May 24, 1977,
42 Fed. Reg. 26961, as amended by Ex. Or. No. 12608 of Sept. 9, 1987,
§ 28,
52 Fed. Reg. 34617, provided:
"Section 1. (a) Each agency shall provide leadership and shall take action to
minimize the destruction, loss or degradation of wetlands, and to preserve and
enhance the natural and beneficial values of wetlands in carrying out the
agency's responsibilities for (1) acquiring, managing, and disposing of Federal
lands and facilities; and (2) providing Federally undertaken, financed, or
assisted construction and improvements; and (3) conducting Federal activities
and programs affecting land use, including but not limited to water and related
land resources planning, regulating, and licensing activities.
"(b) This Order does not apply to the issuance by Federal agencies of permits,
licenses, or allocations to private parties for activities involving wetlands
on non-Federal property.
"Sec. 2. (a) In furtherance of Section 101(b)(3) of the National Environmental
Policy Act of 1969
(42 U.S.C. 4331(b)(3)) to improve and coordinate Federal plans, functions, programs and
resources to the end that the Nation may attain the widest range of beneficial
uses of the environment without degradation and risk to health or safety, each
agency, to the extent permitted by law, shall avoid undertaking or providing
assistance for new construction located in wetlands
unless the head of the agency finds (1) that there is no practicable
alternative to such construction, and (2) that the proposed action includes all
practicable measures to minimize harm to wetlands which may result from such
use. In making this finding the head of the agency may take into account
economic, environmental and other pertinent factors.
"(b) Each agency shall also provide opportunity for early public review of any
plans or proposals for new construction in wetlands, in accordance with Section
2(b) of Executive Order No. 11514, as amended [which appears as a note to this
section] including the development of procedures to accomplish this objective
for Federal actions whose impact is not significant enough to require the
preparation of an environmental impact statement under Section 102(2)(C) of the
National Environmental Policy Act of 1969, as amended [42 USCS § 4332(2)(C)].
"Sec.
3. Any requests for new authorizations or appropriations transmitted to the
Office of Management and Budget shall indicate, if an action to be proposed
will be located in wetlands, whether the proposed action is in accord with this
Order.
"Sec. 4. When Federally-owned wetlands or portions of wetlands are proposed for
lease, easement, right-of-way or disposal to non-Federal public or private
parties, the Federal agency shall (a) reference in the conveyance those uses
that are restricted under identified Federal, State or local wetlands
regulations; and (b) attach other appropriate restrictions to the uses of
properties by the grantee or purchaser and any successor, except where
prohibited by law; or (c) withhold such properties from disposal.
"Sec. 5. In carrying out the activities described in Section 1 of this Order,
each agency shall consider factors relevant to a proposal's effect on the
survival and quality of the wetlands.
Among these factors are:
"(a) public health, safety, and welfare, including water supply, quality,
recharge and discharge; pollution; flood and storm hazards; and sediment and
erosion;
"(b) maintenance of natural systems, including conservation and long term
productivity of existing flora and fauna, species and habitat diversity and
stability, hydrologic utility, fish, wildlife, timber, and food and fiber
resources; and
"(c) other uses of wetlands in the public interest, including recreational,
scientific, and cultural uses.
"Sec. 6. As allowed by law, agencies shall issue or amend their existing
procedures in order to comply with this Order. To the extent possible, existing
processes, such as those of the Council on Environmental Quality, shall be
utilized to fulfill the requirements of this Order.
"Sec. 7. As used in this Order:
"(a) The term 'agency' shall have the same meaning as the term 'Executive
agency' in Section 105 of Title
5 of the United States Code and shall include the military departments; the
directives contained in this Order, however, are meant to apply only to those
agencies which perform the activities described in Section 1 which are located
in or affecting wetlands.
"(b) The term 'new construction' shall include draining, dredging, channelizing,
filling, diking, impounding, and related activities and any structures or
facilities begun or authorized after the effective date of this Order.
"(c) The term 'wetlands' means those areas that are inundated by surface or
ground water with a frequency sufficient to support and under normal
circumstances does or would support a prevalence of vegetative or aquatic life
that requires saturated or seasonally saturated soil conditions for growth and
reproduction. Wetlands generally include swamps, marshes, bogs, and similar
areas such as sloughs, potholes, wet meadows, river overflows, mud flats, and
natural ponds.
"Sec. 8. This
Order does not apply to projects presently under construction, or to projects
for which all of the funds have been appropriated through Fiscal Year 1977, or
to projects and programs for which a draft or final environmental impact
statement will be filed prior to October 1, 1977. The provisions of Section 2
of this Order shall be implemented by each agency not later than October 1,
1977.
"Sec. 9. Nothing in this Order shall apply to assistance provided for emergency
work, essential to save lives and protect property and public health and
safety, performed pursuant to Sections 305 and 306 of the Disaster Relief Act
of 1974 (88 Stat. 148,
42 U.S.C. 5145and 5146).
"Sec. 10. To the extent the provisions of Sections 2 and 5 of this Order are
applicable to projects covered by Section 104(h) of the Housing and Community
Development Act of 1974, as
amended (88 Stat. 640,
42 U.S.C. 5304(h)), the responsibilities under those provisions may be assumed by the
appropriate applicant, if the applicant has also assumed, with respect to such
projects, all of the responsibilities for environmental review, decisionmaking,
and action pursuant to the National Environmental Policy Act of 1969, as
amended [42 USCS §§ 4321 et seq.].".
Termination of Citizens' Advisory Committee on Environmental Quality. For
provisions relating to termination of Citizens' Advisory Committee on
Environmental Quality, see Ex. Or. No. 12007 of Aug. 22, 1977,
42 Fed. Reg. 42839, which appears as 5 USCS Appx. note.
Federal compliance with pollution control standards. Ex. Or. No. 12088 of Oct.
13, 1978,
43 Fed. Reg. 47707; as amended by Ex. Or. No. 12580 of Jan. 23, 1987,
52 Fed Reg. 2923;Ex. Or. 13148 of April
21, 2000,
65 Fed. Reg. 24604, provides:
"1-1. Applicability of pollution control standards.
"1-101. The head of each Executive agency is responsible for ensuring that all
necessary actions are taken for the prevention, control, and abatement of
environmental pollution with respect to Federal facilities and activities under
the control of the agency.
"1-102. The head of each Executive agency is responsible for compliance with
applicable pollution control standards, including those established pursuant
to, but not limited to, the following:
"(a) Toxic Substances Control Act
(15 U.S.C. 2601et seq.)
"(b) Federal Water Pollution Control Act, as amended
(33 U.S.C. 1251 et seq.)
"(c) Public Health Service Act, as amended by the Safe Drinking Water Act
(42 U.S.C. 300fet seq.)
"(d) Clean Air Act, as
amended
(42 U.S.C. 7401 et seq.)
"(e) Noise Control Act of 1972
(42 U.S.C. 4901 et seq.)
"(f) Solid Waste Disposal Act, as amended
(42 U.S.C. 6901 et seq.)
"(g) Radiation guidance pursuant to Section 274(h) of the Atomic Energy Act of
1954, as amended
(42 U.S.C. 2021(h) [42 USCS § 2021(h)]; see also, the Radiation Protection Guidance to Federal Agencies for
Diagnostic X Rays approved by the President on January 26, 1978 and published
at page 4377 of the Federal Register on February 1, 1978).
"(h) Marine Protection, Research, and Sanctuaries Act of 1972, as amended
(33 U.S.C. 1401, 1402, 1411-1421, 1441-1444 and 16 U.S.C. 1431-1434).
"(i) Federal Insecticide, Fungicide, and Rodenticide Act, as amended
(7 U.S.C. 136 et seq.)
"1-103. 'Applicable pollution control standards' means the same substantive,
procedural, and other requirements that would apply to a private person.
"1-2. Agency coordination.
"1-201. Each executive agency shall cooperate with the Administrator of the
Environmental Protection Agency, hereinafter referred to as the Administrator,
and State, interstate, and local agencies in the prevention, control, and
abatement of environmental pollution.
"1-202. Each Executive agency shall consult with the Administrator and with
State, interstate, and local agencies concerning the best techniques and
methods available for the prevention, control, and abatement of environmental
pollution.
"1-3. Technical advice and oversight.
"1-301. The Administrator shall provide technical advice and assistance to
Executive agencies in order to ensure that their cost effective and timely
compliance with applicable pollution control standards.
"1-302. The administrator
shall conduct such reviews and inspections as may be necessary to monitor
compliance with applicable pollution control standards by Federal facilities
and activities.
"1-4. [Revoked]
"1-5. Funding.
"1-501. The head of each Executive agency shall ensure that sufficient funds for
compliance with applicable pollution control standards are requested in the
agency budget.
"1-502. The head of each Executive agency shall ensure that funds appropriated
and apportioned for the prevention, control and abatement of environmental
pollution are not used for any other purpose unless permitted by law and
specifically approved by the Office of Management and Budget.
"1-6. Compliance with pollution controls.
"1-601. Whenever the Administrator or the appropriate State, interstate, or
local agency notifies an Executive agency that it is in violation of an
applicable pollution control standard (see Section 1-102 of this Order), the Executive agency shall promptly consult with the
notifying agency and provide for its approval a plan to achieve and maintain
compliance with the applicable pollution control standard. This plan shall
include an implementation schedule for coming into compliance as soon as
practicable.
"1-602. The Administrator shall make every effort to resolve conflicts regarding
such violation between Executive agencies and, on request of any party, such
conflicts between an Executive agency and a State, interstate, or a local
agency. If the Administrator cannot resolve a conflict, the Administrator shall
request the Director of the Office of Management and Budget to resolve the
conflict.
"1-603. The Director of the Office of Management and Budget shall consider
unresolved conflicts at the request of the Administrator. The Director shall
seek the Administrator's technological judgment and determination with regard
to the applicability of statutes and regulations.
"1-604. These conflict resolution procedures are in
addition to, not in lieu of, other procedures, including sanctions, for the
enforcement of applicable pollution control standards.
"1-605. Except as expressly provided by a Presidential exemption under this
Order, nothing in this Order, nor any action or inaction under this Order,
shall be construed to revise or modify any applicable pollution control
standard.
"1-7. Limitation on exemptions.
"1-701. Exemptions from applicable pollution control standards may only be
granted under statutes cited in Section 1-102(a) through 1-102(f) if the
President makes the required appropriate statutory determination: that such
exemption is necessary (a) in the interest of national security, or (b) in the
paramount interest of the United States.
"1-702. The head of an Executive agency may, from time to time, recommend to the
President through the Director of the Office of Management and Budget, that an
activity or facility, or uses thereof, be exempt from an applicable pollution
control standard.
"1-703. The Administrator shall advise the President, through the Director of
the Office of Management and Budget, whether he agrees or disagrees with a
recommendation for exemption and his reasons therefor.
"1-704. The Director of the Office of Management and Budget must advise the
President within sixty days of receipt of the Administrator's views.
"1-8. General provisions.
"1-801. The head of each Executive agency that is responsible for the
construction or operation of Federal facilities outside the United States shall
ensure that such construction or operation complies with the environmental
pollution control standards of general applicability in the host country or
jurisdiction.
"1-802. Nothing in this Order shall create any right or benefit, substantive or
procedural, enforceable at law by a party against the United States, its
agencies, its officers, or any person.
"1-803.
Executive Order No. 11752 of December 17, 1973, is revoked.".
Environmental effects abroad of major Federal actions. Ex. Or. No. 12114 of
Jan. 4, 1979,
44 Fed. Reg. 1957, provided:
"Section 1.
"1-1. Purpose and scope. The purpose of this Executive Order is to enable
responsible officials of Federal agencies having ultimate responsibility for
authorizing and approving actions encompassed by this Order to be informed of
pertinent environmental considerations and to take such considerations into
account, with other pertinent considerations of national policy, in making
decisions regarding such actions. While based on independent authority, this
Order furthers the purpose of the National Environmental Policy Act [42 USCS §§ 4321 et seq.] and the Marine Protection Research and Sanctuaries Act [16 USCS §§ 1431 et seq.;
33 USCS §§ 1401 et seq.] and the Deepwater
Port Act [33 USCS §§ 1501 et seq.] consistent with the foreign policy and national security policy of
the United States, and represents the United States government's exclusive and
complete determination of the procedural and other actions to be taken by
Federal agencies to further the purpose of the National Environmental Policy
Act [42 USCS §§ 4321 et seq.], with respect to the environment outside the United States, its
territories and possessions.
"Sec. 2.
"2-1. Agency procedures. Every Federal agency taking major Federal actions
encompassed hereby and not exempted herefrom having significant effects on the
environment outside the geographical borders of the United States and its
territories and possessions shall within eight months after the effective date
of this Order have in effect procedures to implement this Order. Agencies shall
consult with the Department of State and the Council on Environmental Quality
concerning such procedures prior to
placing them in effect.
"2-2. Information exchange. To assist in effectuating the foregoing purpose, the
Department of State and the Council on Environmental Quality in collaboration
with other interested Federal agencies and other nations shall conduct a
program for exchange on a continuing basis of information concerning the
environment. The objectives of this program shall be to provide information for
use by decisionmakers, to heighten awareness of and interest in environmental
concerns and, as appropriate, to facilitate environmental cooperation with
foreign nations.
"2-3. Actions included. Agencies in their procedures under Section 2-1 shall
establish procedures by which their officers having ultimate responsibility for
authorizing and approving actions in one of the following categories
encompassed by this Order, take into consideration in making decisions
concerning such actions, a document described in Section 2-4(a):
"(a) major Federal actions significantly affecting the environment of the global
commons outside the jurisdiction of any nation (e.g., the oceans or Antarctica);
"(b) major Federal actions significantly affecting the environment of a foreign
nation not participating with the United States and not otherwise involved in
the action;
"(c) major Federal actions significantly affecting the environment of a foreign
nation which provide to that nation:
"(1) a product, or physical project producing a principal product or an emission
or effluent, which is prohibited or strictly regulated by Federal law in the
United States because its toxic effects on the environment create a serious
public health risk; or
"(2) a physical project which in the United States is prohibited or strictly
regulated by Federal law to protect the environment against radioactive
substances.
"(d) major Federal actions outside the United
States, its territories and possessions which significantly affect natural or
ecological resources of global importance designated for protection under this
subsection by the President, or, in the case of such a resource protected by
international agreement binding on the United States, by the Secretary of
State. Recommendations to the President under this subsection shall be
accompanied by the views of the Council on Environmental Quality and the
Secretary of State.
"2-4. Applicable procedures. (a) There are the following types of documents to
be used in connection with actions described in Section 2-3:
"(i) environmental impact statements (including generic, program and specific
statements);
"(ii) bilateral or multilateral environmental studies, relevant or related to
the proposed action, by the United States and one more foreign nations, or by
an international body or organization in which the United States is a member or
participant; or
"(iii) concise reviews of the environmental
issues involved, including environmental assessments, summary environmental
analyses or other appropriate documents.
"(b) Agencies shall in their procedures provide for preparation of documents
described in Section 2-4(a), with respect to actions described in Section 2-3,
as follows:
"(i) for effects described in Section 2-3(a), an environmental impact statement
described in Section 2-4(a)(i);
"(ii) for effects described in Section 2-3(b), a document described in Section
2-4(a)(ii) or (iii), as determined by the agency;
"(iii) for effects described in Section 2-3(c), a document described in Section
2-4(a)(ii) or (iii), as determined by the agency;
"(iv) for effects
described in Section 2-3(d), a document described in Section 2-4(a)(i), (ii) or
(iii), as determined by the agency.
"Such procedures may provide that an agency need not prepare a new document when
a document described in Section 2-4(a) already exists.
"(c) Nothing in this Order shall serve to invalidate any existing regulations of
any agency which have been adopted pursuant to court order or pursuant to
judicial settlement of any case or to prevent any agency from providing in its
procedures for measures in addition to those provided for herein to further the
purpose of the National Environmental Policy Act [43 USCS §§ 4321 et seq.] and other environmental laws, including the Marine Protection
Research and Sanctuaries Act [16 USCS §§ 1431 et seq.;
33 USCS §§ 1401
et seq.] and the Deepwater Port Act [33 USCS §§ 1501 et seq.], consistent with the foreign and national security policies of the
United States.
"(d) Except as provided in Section 2-5(b), agencies taking action encompassed by
this Order shall, as soon as feasible, inform other Federal agencies with
relevant expertise of the availability of environmental documents prepared
under this Order.
"Agencies in their procedures under Section 2-1 shall make appropriate provision
for determining when an affected nation shall be informed in accordance with
Section 3-2 of this Order of the availability of environmental documents
prepared pursuant to those procedures.
"In order to avoid duplication of resources, agencies in their procedures shall
provide for appropriate utilization of the resources of other Federal agencies
with relevant environmental jurisdiction or expertise.
"2-5. Exemptions and
considerations. (a) Notwithstanding Section 2-3, the following actions are
exempt from this Order:
"(i) actions not having a significant effect on the environment outside the
United States as determined by the agency;
"(ii) actions taken by the President;
"(iii) actions taken by or pursuant to the direction of the President or Cabinet
officer when the national security or interest is involved or when the action
occurs in the course of an armed conflict;
"(iv) intelligence activities and arms transfers;
"(v) export licenses or permits or export approvals, and actions relating to
nuclear activities except actions providing to a foreign nation a nuclear
production or utilization facility as defined in the Atomic Energy Act of 1954,
as amended [42 USCS §§ 2011 et seq.], or a nuclear waste management facility;
"(vi) votes and other actions in international conferences and organizations;
"(vii)
disaster and emergency relief action.
"(b) Agency procedures under Section 2-1 implementing Section 2-4 may provide
for appropriate modifications in the contents, timing and availability of
documents to other affected Federal agencies and affected nations, where
necessary to:
"(i) enable the agency to decide and act promptly as and when required;
"(ii) avoid adverse impacts on foreign relations or infringement in fact or
appearance of other nations' sovereign responsibilities, or
"(iii) ensure appropriate reflection of:
"(1) diplomatic factors;
"(2) international commercial, competitive and export promotion factors;
"(3) needs for governmental or commercial confidentiality;
"(4) national security considerations;
"(5) difficulties of obtaining information and agency ability to analyze
meaningfully environmental effects of a proposed action; and
"(6) the degree to which the agency is involved in or able to affect a decision
to be made.
"(c) Agency procedure under Section 2-1 may provide for categorical exclusions
and for such exemptions in addition to those specified in subsection (a) of
this Section as may be necessary to meet emergency circumstances, situations
involving exceptional foreign policy and national security sensitivities and
other such special circumstances. In utilizing such additional exemptions
agencies shall, as soon as feasible, consult with the Department of State and
the Council on Environmental Quality.
"(d) The provisions of Section 2-5 do not apply to actions described in Section
2-3(a) unless permitted by law.
"Sec. 3.
"3-1. Rights of action. This Order is solely for the purpose of establishing
internal procedures for Federal agencies to consider the significant effects of
their actions on the environment outside the United States, its territories and
possessions, and nothing in this Order shall be construed to
create a cause of action.
"3-2. Foreign relations. The Department of State shall coordinate all
communications by agencies with foreign governments concerning environmental
agreements and other arrangements in implementation of this Order.
"3-3. Multi-agency actions. Where more than one Federal agency is involved in an
action or program, a lead agency, as determined by the agencies involved, shall
have responsibility for implementation of this Order.
"3-4. Certain terms. For purposes of this Order, 'environment' means the natural
and physical environment and excludes social, economic and other environments;
and an action significantly affects the environment if it does significant harm
to the environment even though on balance the agency believes the action to be
beneficial to the environment. The term 'export approvals' in Section 2-5(a)(v)
does not mean or include direct loans to finance exports.
"3-5.
Multiple impacts. If a major Federal action having effects on the environment
of the United States or the global commons requires preparation of an
environmental impact statement, and if the action also has effects on the
environment of a foreign nation, an environmental impact statement need not be
prepared with respect to the effects on the environment of the foreign nation.".
Pollution Prosecution Act of 1990. Act Nov. 16, 1990, P.L. 101-593, Title II,
104 Stat. 2962, provides:
"Sec. 201. Short title
"This title may be cited as the
"Pollution Prosecution Act of 1990".
"Sec. 202. EPA Office of Criminal Investigation
"(a) The Administrator of the Environmental Protection Agency (hereinafter
referred to as the 'Administrator') shall increase the number of criminal
investigators assigned to the Office of Criminal Investigations by such numbers
as may be necessary to assure that the number of criminal investigators
assigned to the office--
"(1) for the period October 1,
1991, through September 30, 1992, is not less than 72;
"(2) for the period October 1, 1992, through September 30, 1993, is not less
than 110;
"(3) for the period October 1, 1993, through September 30, 1994, is not less
than 123;
"(4) for the period October 1, 1994, through September 30, 1995, is not less
than 160;
"(5) beginning October 1, 1995, is not less than 200.
"(b) For fiscal year 1991 and in each of the following 4 fiscal years, the
Administrator shall, during each such fiscal year, provide increasing numbers
of additional support staff to the Office of Criminal Investigations.
"(c) The head of the Office of Criminal Investigations shall be a position in
the competitive service as defined in 2102 of title 5 U.S.C. or a career
reserve position as defined in 3132(A) of title 5 U.S.C. and the head of such
office shall report directly, without intervening review or approval, to the
Assistant Administrator for Enforcement.
"Sec. 203. Civil investigators
"The Administrator, as soon as practicable following the date of the enactment
of this Act, but no later than September 30, 1991, shall increase by fifty the
number of civil investigators assigned to assist the Office of Enforcement in
developing and prosecuting civil and administrative actions and carrying out
its other functions.
"Sec. 204. National Training Institute
"The Administrator shall, as soon as practicable but no later than September 30,
1991 establish within the Office of Enforcement the National Enforcement
Training Institute. It shall be the function of the Institute, among others, to
train Federal, State, and local lawyers, inspectors, civil and criminal
investigators, and technical experts in the
enforcement of the Nation's environmental laws.
"Sec. 205. Authorization
"For the purposes of carrying out the provisions of this Act [this note], there
is authorized to be appropriated to the Environmental Protection Agency $
13,000,000 for fiscal year 1991, $ 18,000,000 for fiscal year 1992, $
20,000,000 for fiscal year 1993, $ 26,000,000 for fiscal year 1994, and $
33,000,000 for fiscal year 1995.".
Revocation of order establishing President's Commission on Environmental
Quality. Ex. Or. No. 12737 of Dec. 12, 1990,
55 Fed. Reg. 51681, which formerly appeared as a note to this section, was revoked by Ex. Or. No.
12852 of June 29, 1993,
58 Fed. Reg. 35841. Ex. Or. No. 12737 provided for the President's Commission on Environmental
Quality.
Establishment of the President's Environment and Conservation Challenge Awards.
Ex. Or. No. 12761 of May 21, 1991,
56 Fed. Reg. 23645, provides:
"By the authority vested in me as President by the Constitution and the laws of
the United States of America, and in order to establish, in accordance with the
goals and purposes of the National Environmental Policy Act of 1969, as amended
[42 U.S.C. 4321 et seq.], the Environmental Quality Improvement Act of 1970, as amended [42 U.S.C. 4371 et seq.], and the National Environmental Education Act, Public Law 101-619,
104 Stat. 3325 (1990) [20 USCS §§ 5501 et seq.], an awards program to raise environmental awareness and to recognize
outstanding achievements in the United States and in its territories in the
areas of conservation and environmental protection by both the public and
private sectors, it is hereby ordered as follows:
"Section 1. Establishment. The President's Environment and Conservation
Challenge Awards program is established for the purposes of recognizing
outstanding environmental achievements by U.S. citizens, enterprises, or
programs; providing an incentive for environmental accomplishment; promoting
cooperative partnerships between diverse groups working together to achieve
common environmental goals; and identifying successful environmental programs
that can be replicated.
"Sec. 2. Administration. (a) The Council on Environmental Quality, with the
assistance of the President's Commission on Environmental Quality, shall
organize, manage, and administer the awards program, including the development
of selection criteria, the nomination of eligible individuals to receive the
award, and the selection of award recipients.
"(b) Any expenses of the program shall be paid from funds available for the
expenses of the Council on Environmental Quality.
"Sec. 3. Awards. (a) Up to three awards in each of the following four
categories shall be made annually to eligible individuals, organizations,
groups, or entities:
"(i) Quality Environmental Management Awards (incorporation of environmental
concerns into management decisions and practices);
"(ii) Partnership Awards (successful coalition building efforts);
"(iii) Innovation Awards (innovative technology programs, products, or
processes); and
"(iv) Education and Communication Awards (education and information programs
contributing to the development of an ethic fostering conservation and
environmental protection).
"(b) Presidential citations shall be given to eligible program finalists who
demonstrate notable or unique achievements, but who are not selected to receive
awards.
"Sec. 4. Eligibility. Only residents of the United States and organizations,
groups, or entities doing business in the United States are eligible to receive
an award under this program. An award under this program shall be given only
for achievements in the United States or its territories. Organizations,
groups, or entities may be profit or nonprofit, public or private entities.
"Sec. 5. Information System. The Council on Environmental Quality shall
establish and
maintain a data bank with information about award nominees to catalogue and
publicize model conservation or environmental protection programs which could
be replicated.".
Ex. Or. No. 12852 revoked. Ex. Or. No. 12852 of June 29, 1993,
58 Fed. Reg. 35841; Ex. Or. No. 12855 of July 19, 1993,
58 Fed. Reg. 39107; Ex. Or. No. 12965 of June 27, 1995,
60 Fed. Reg. 34087; Ex. Or. No. 12980 of Nov. 17, 1995,
60 Fed. Reg. 57819; Ex. Or. 130533 of June 30, 1997,
62 Fed. Reg. 39945; Ex. Or. No. 13114 of Feb. 25, 1999,
64 Fed. Reg. 10099, which formerly appeared as a note to this section, was revoked by Ex. Or. No.
13138 of Sept. 30, 1999,
64 Fed. Reg. 53879, which appears as
5 USCS Appx § 14 note. The revoked Order provided for a President's Council on Sustainable
Development.
Federal actions to address environmental justice in minority populations and
low-income populations. Ex. Or. No. 12898 of Feb. 11, 1994,
59 Fed. Reg. 7629; Ex. Or. No. 12948 of Jan. 30, 1995,
60 Fed. Reg. 6381, provides:
"By the authority vested in me as President by the Constitution and the laws of
the United States of America, it is hereby ordered as follows:
"Section 1-1. Implementation.
"1-101. Agency responsibilities. To the greatest extent practicable and
permitted by law, and consistent with the principles set forth in the report on
the National Performance Review, each Federal agency shall make achieving
environmental justice part of its mission by identifying and addressing, as
appropriate, disproportionately high and adverse human health or environmental
effects of its programs, policies, and activities on minority populations and
low-income populations in the United States and its territories and
possessions, the District of Columbia, the Commonwealth of Puerto Rico, and the
Commonwealth of the Mariana Islands.
"1-102. Creation of an Interagency Working Group on Environmental Justice.
"(a) Within 3 months of the date of this order, the Administrator of the
Environmental Protection Agency ('Administrator') or the Administrator's
designee shall convene an interagency Federal Working Group on Environmental
Justice ('Working Group'). The Working Group shall comprise the heads of the
following executive agencies and offices, or their designees: (a) Department of
Defense; (b) Department of Health and Human Services; (c) Department of Housing
and Urban Development; (d) Department of Labor; (e) Department of Agriculture;
(f) Department of Transportation; (g) Department of Justice; (h) Department of
the Interior; (i) Department of Commerce; (j) Department of Energy; (k)
Environmental Protection
Agency; (l) Office of Management and Budget; (m) Office of Science and
Technology Policy; (n) Office of the Deputy Assistant to the President for
Environmental Policy; (o) Office of the Assistant to the President for Domestic
Policy; (p) National Economic Council; (q) Council of Economic Advisers; and
(r) such other Government officials as the President may designate. The Working
Group shall report to the President through the Deputy Assistant to the
President for Environmental Policy and the Assistant to the President for
Domestic Policy.
"(b) The Working Group shall:
"(1) provide guidance to Federal agencies on criteria for identifying
disproportionately high and adverse human health or environmental effects on
minority populations and low-income populations;
"(2) coordinate with, provide guidance to, and serve as a clearinghouse for,
each Federal agency as it develops an environmental justice strategy as
required by section 1-103 of this order, in order to ensure that the administration, interpretation
and enforcement of programs, activities and policies are undertaken in a
consistent manner;
"(3) assist in coordinating research by, and stimulating cooperation among, the
Environmental Protection Agency, the Department of Health and Human Services,
the Department of Housing and Urban Development, and other agencies conducting
research or other activities in accordance with section 3-3 of this order;
"(4) assist in coordinating data collection, required by this order;
"(5) examine existing data and studies on environmental justice;
"(6) hold public meetings as required in section 5-502(d) of this order; and
"(7) develop interagency model projects on environmental justice that evidence
cooperation among Federal agencies.
"1-103. Development of agency strategies.
"(a) Except as provided in section 6-605 of this order,
each Federal agency shall develop an agency-wide environmental justice
strategy, as set forth in subsections (b)-(e) of this section that identifies
and addresses disproportionately high and adverse human health or environmental
effects of its programs, policies, and activities on minority populations and
low-income populations. The environmental justice strategy shall list programs,
policies, planning and public participation processes, enforcement, and/or
rulemakings related to human health or the environment that should be revised
to, at a minimum: (1) promote enforcement of all health and environmental
statutes in areas with minority populations and low-income populations; (2)
ensure greater public participation; (3) improve research and data collection
relating to the health of and environment of minority populations and
low-income populations; and (4) identify differential patterns of consumption
of natural resources among minority populations and low-income populations. In
addition, the
environmental justice strategy shall include, where appropriate, a timetable
for undertaking identified revisions and consideration of economic and social
implications of the revisions.
"(b) Within 4 months of the date of this order, each Federal agency shall
identify an internal administrative process for developing its environmental
justice strategy, and shall inform the Working Group of the process.
"(c) Within 6 months of the date of this order, each Federal agency shall
provide the Working Group with an outline of its proposed environmental justice
strategy.
"(d) Within 10 months of the date of this order, each Federal agency shall
provide the Working Group with its proposed environmental justice strategy.
"(e) By March 24, 1995, each Federal agency shall finalize its environmental
justice strategy and provide a copy and written description of its strategy to
the Working Group. From the date of this order through
March 24, 1995, each Federal agency, as part of its environmental justice
strategy, shall identify several specific projects that can be promptly
undertaken to address particular concerns identified during the development of
the proposed environmental justice strategy, and a schedule for implementing
those projects.
"(f) Within 24 months of the date of this order, each Federal agency shall
report to the Working Group on its progress in implementing its agency-wide
environmental justice strategy.
"(g) Federal agencies shall provide additional periodic reports to the Working
Group as requested by the Working Group.
"1-104. Reports to the President. Within 14 months of the date of this order,
the Working Group shall submit to the President, through the Office of the
Deputy Assistant to the President for Environmental Policy and the Office of
the Assistant to the President for Domestic Policy, a report that describes the
implementation of this
order, and includes the final environmental justice strategies described in
section 1-103(e) of this order.
"Sec. 2-2. Federal agency responsibilities for Federal programs. Each Federal
agency shall conduct its programs, policies, and activities that substantially
affect human health or the environment, in a manner that ensures that such
programs, policies, and activities do not have the effect of excluding persons
(including populations) from participation in, denying persons (including
populations) the benefits of, or subjecting persons (including populations) to
discrimination under, such programs, policies, and activities, because of their
race, color, or national origin.
"Sec. 3-3. Research, data collection, and analysis.
"3-301. Human health and environmental research and analysis. (a) Environmental
human health research, whenever practicable and appropriate, shall include
diverse segments of the population in epidemiological and clinical studies,
including
segments at high risk from environmental hazards, such as minority populations,
low-income populations and workers who may be exposed to substantial
environmental hazards.
"(b) Environmental human health analyses, whenever practicable and appropriate,
shall identify multiple and cumulative exposures.
"(c) Federal agencies shall provide minority populations and low-income
populations the opportunity to comment on the development and design of
research strategies undertaken pursuant to this order.
"3-302. Human health and environmental data collection and analysis. To the
extent permitted by existing law, including the Privacy Act, as amended
(5 U.S.C. section 552a [note]): (a) each Federal agency, whenever practicable and appropriate, shall
collect, maintain, and analyze information assessing and comparing
environmental and human health risks borne by populations identified by race,
national origin, or income. To the extent practical and appropriate,
Federal agencies shall use this information to determine whether their
programs, policies, and activities have disproportionately high and adverse
human health or environmental effects on minority populations and low-income
populations;
"(b) In connection with the development and implementation of agency strategies
in section 1-103 of this order, each Federal agency, whenever practicable and
appropriate, shall collect, maintain and analyze information on the race,
national origin, income level, and other readily accessible and appropriate
information for areas surrounding facilities or sites expected to have a
substantial environmental, human health, or economic effect on the surrounding
populations, when such facilities or sites become the subject of a substantial
Federal environmental administrative or judicial action. Such information shall
be made available to the public, unless prohibited by law; and
"(c) Each Federal agency, whenever practicable and appropriate, shall collect,
maintain, and analyze
information on the race, national origin, income level, and other readily
accessible and appropriate information for areas surrounding Federal facilities
that are: (1) subject to the reporting requirements under the Emergency
Planning and Community Right-to-Know Act,
42 U.S.C. section 11001-11050 as mandated in Executive Order No. 12856 [42 USCS § 11001note] expected to have a substantial environmental, human health, or economic
effect on surrounding populations. Such information shall be made available to
the public, unless prohibited by law.
"(d) In carrying out the responsibilities in this section, each Federal agency,
whenever practicable and appropriate, shall share information and eliminate
unnecessary duplication of efforts through the use of existing data systems and
cooperative agreements among Federal agencies and with State, local, and tribal
governments.
"Sec. 4-4. Subsistence
consumption of fish and wildlife.
"4-401. Consumption patterns. In order to assist in identifying the need for
ensuring protection of populations with differential patterns of subsistence
consumption of fish and wildlife, Federal agencies, whenever practicable and
appropriate, shall collect, maintain, and analyze information on the
consumption patterns of populations who principally rely on fish and/or
wildlife for subsistence. Federal agencies shall communicate to the public the
risks of those consumption patterns.
"4-402. Guidance. Federal agencies, whenever practicable and appropriate, shall
work in a coordinated manner to publish guidance reflecting the latest
scientific information available concerning methods for evaluating the human
health risks associated with the consumption of pollutant-bearing fish or
wildlife. Agencies shall consider such guidance in developing their policies
and rules.
"Sec. 5-5. Public participation and access to information. (a) The
public may submit recommendations to Federal agencies relating to the
incorporation of environmental justice principles into Federal agency programs
or policies. Each Federal agency shall convey such recommendations to the
Working Group.
"(b) Each Federal agency may, whenever practicable and appropriate, translate
crucial public documents, notices, and hearings relating to human health or the
environment for limited English speaking populations.
"(c) Each Federal agency shall work to ensure that public documents, notices,
and hearings relating to human health or the environment are concise,
understandable, and readily accessible to the public.
"(d) The Working Group shall hold public meetings, as appropriate, for the
purpose of fact-finding, receiving public comments, and conducting inquiries
concerning environmental justice. The Working Group shall prepare for public
review a summary of the comments and recommendations discussed at the public
meetings.
"Sec. 6-6. General provisions.
"6-601. Responsibility for agency implementation. The head of each Federal
agency shall be responsible for ensuring compliance with this order. Each
Federal agency shall conduct internal reviews and take such other steps as may
be necessary to monitor compliance with this order.
"6-602. Executive Order No. 12250. This Executive order is intended to
supplement but not supersede Executive Order No. 12250 [42 USCS § 2000d-1 note], which requires consistent and effective implementation of various laws
prohibiting discriminatory practices in programs receiving Federal financial
assistance. Nothing herein shall limit the effect or mandate of Executive Order
No. 12250 [42 USCS § 2000d-1 note].
"6-603. Executive Order No. 12875. This Executive order is not intended to limit
the
effect or mandate of Executive Order No. 12875 [5 USCS § 601note].
"6-604. Scope. For purposes of this order, Federal agency means any agency on
the Working Group, and such other agencies as may be designated by the
President, that conducts any Federal program or activity that substantially
affects human health or the environment. Independent agencies are requested to
comply with the provisions of this order.
"6-605. Petitions for exemptions. The head of a Federal agency may petition the
President for an exemption from the requirements of this order on the grounds
that all or some of the petitioning agency's programs or activities should not
be subject to the requirements of this order.
"6-606. Native American programs. Each Federal agency responsibility set forth
under this order shall apply equally to Native American programs. In addition,
the Department of the Interior, in coordination with the Working Group, and,
after consultation with tribal leaders,
shall coordinate steps to be taken pursuant to this order that address
Federally-recognized Indian Tribes.
"6-607. Costs. Unless otherwise provided by law, Federal agencies shall assume
the financial costs of complying with this order.
"6-608. General. Federal agencies shall implement this order consistent with,
and to the extent permitted by, existing law.
"6-609. Judicial review. This order is intended only to improve the internal
management of the executive branch and is not intended to, nor does it create
any right, benefit, or trust responsibility, substantive or procedural,
enforceable at law or equity by a party against the United States, its
agencies, its officers, or any person. This order shall not be construed to
create any right to judicial review involving the compliance or noncompliance
of the United States, its agencies, its officers, or any other person with this
order.".
Protection of children from environmental health risks and safety risks. Ex.
Or.
No. 13045 of April 21, 1997,
62 Fed. Reg. 19885, provides:
"By the authority vested in me as President by the Constitution and the laws of
the United States of America, it is hereby ordered as follows:
"Section 1. Policy.
"1-101. A growing body of scientific knowledge demonstrates that children may
suffer disproportionately from environmental health risks and safety risks.
These risks arise because: children's neurological, immunological, digestive,
and other bodily systems are still developing; children eat more food, drink
more fluids, and breathe more air in proportion to their body weight than
adults; children's size and weight may diminish their protection from standard
safety features; and children's behavior patterns may make them more
susceptible to accidents because they are less able to protect themselves.
Therefore, to the extent permitted by law and appropriate, and consistent with
the agency's mission, each Federal
agency:
"(a) shall make it a high priority to identify and assess environmental health
risks and safety risks that may disproportionately affect children; and
"(b) shall ensure that its policies, programs, activities, and standards address
disproportionate risks to children that result from environmental health risks
or safety risks.
"1-102. Each independent regulatory agency is encouraged to participate in the
implementation of this order and comply with its provisions.
"Sec. 2. Definitions. The following definitions shall apply to this order.
"2-201. 'Federal agency' means any authority of the United States that is an
agency under
44 U.S.C. 3502(1) other than those considered to be independent regulatory agencies under
44 U.S.C. 3502(5). For purposes of this order, 'military departments,' as defined in
5 U.S.C. 102, are covered under the auspices of the Department of Defense.
"2-202. 'Covered regulatory action'
means any substantive action in a rulemaking, initiated after the date of this
order or for which a Notice of Proposed Rulemaking is published 1 year after
the date of this order, that is likely to result in a rule that may:
"(a) be 'economically significant' under Executive Order 12866 (a rulemaking
that has an annual effect on the economy of $ 100 million or more or would
adversely affect in a material way the economy, a sector of the economy,
productivity, competition, jobs, the environment, public health or safety, or
State, local, or tribal governments or communities); and
"(b) concern an environmental health risk or safety risk that an agency has
reason to believe may disproportionately affect children.
"2-203. 'Environmental health risks and safety risks' mean risks to health or to
safety that are attributable to products or substances that the child is likely
to come in contact with or ingest (such as the air we breath, the
food we eat, the water we drink or use for recreation, the soil we live on, and
the products we use or are exposed to).
"Sec. 3. Task Force on Environmental Health Risks and Safety Risks to Children.
"3-301. There is hereby established the Task Force on Environmental Health Risks
and Safety Risks to Children ('Task Force').
"3-302. The Task Force will report to the President in consultation with the
Domestic Policy Council, the National Science and Technology Council, the
Council on Environmental Quality, and the Office of Management and Budget (OMB).
"3-303. Membership. The Task Force shall be composed of the:
"(a) Secretary of Health and Human Services, who shall serve as a Co-Chair of
the Council;
"(b) Administrator of the Environmental Protection Agency, who shall serve as a
Co-Chair of the Council;
"(c) Secretary of Education;
"(d) Secretary of Labor;
"(e) Attorney General;
"(f) Secretary of Energy;
"(g)
Secretary of Housing and Urban Development;
"(h) Secretary of Agriculture;
"(i) Secretary of Transportation;
"(j) Director of the Office of Management and Budget;
"(k) Chair of the Council on Environmental Quality;
"(l) Chair of the Consumer Product Safety Commission;
"(m) Assistant to the President for Economic Policy;
"(n) Assistant to the President for Domestic Policy;
"(o) Assistant to the President and Director of the Office of Science and
Technology Policy;
"(p) Chair of the Council of Economic Advisers; and
"(q) Such other officials of executive departments and agencies as the President
may, from time to time, designate.
"Members of the Task Force may delegate their responsibilities under this order
to subordinates.
"3-304. Functions. The Task Force shall recommend to the President Federal
strategies for children's environmental health and safety, within the limits of
the Administration's budget, to include the following elements:
"(a) statements of principles, general policy, and targeted annual
priorities to guide the Federal approach to achieving the goals of this order;
"(b) a coordinated research agenda for the Federal Government, including steps
to implement the review of research databases described in section 4 of this
order;
"(c) recommendations for appropriate partnerships among Federal, State, local,
and tribal governments and the private, academic, and nonprofit sectors;
"(d) proposals to enhance public outreach and communication to assist families
in evaluating risks to children and in making informed consumer choices;
"(e) an identification of high-priority initiatives that the Federal Government
has undertaken or will undertake in advancing protection of children's
environmental health and safety; and
"(f) a statement regarding the desirability of new legislation to fulfill or
promote the purposes of this order.
"3-305. The Task Force shall prepare a biennial report on research, data, or
other information that would enhance our
ability to understand, analyze, and respond to environmental health risks and
safety risks to children. For purposes of this report, cabinet agencies and
other agencies identified by the Task Force shall identify and specifically
describe for the Task Force key data needs related to environmental health
risks and safety risks to children that have arisen in the course of the
agency's programs and activities. The Task Force shall incorporate agency
submissions into its report and ensure that this report is publicly available
and widely disseminated. The Office of Science and Technology Policy and the
National Science and Technology Council shall ensure that this report is fully
considered in establishing research priorities.
"3-306. The Task Force shall exist for a period of 4 years from the first
meeting. At least 6 months prior to the expiration of that period, the member
agencies shall assess the need for continuation of the
Task Force or its functions, and make appropriate recommendations to the
President.
"Sec. 4. Research Coordination and Integration.
"4-401. Within 6 months of the date of this order, the Task Force shall develop
or direct to be developed a review of existing and planned data resources and a
proposed plan for ensuring that researchers and Federal research agencies have
access to information on all research conducted or funded by the Federal
Government that is related to adverse health risks in children resulting from
exposure to environmental health risks or safety risks. The National Science
and Technology Council shall review the plan.
"4-402. The plan shall promote the sharing of information on academic and
private research. It shall include recommendations to encourage that such data,
to the extent permitted by law, is available to the public, the scientific and
academic communities, and all Federal agencies.
"Sec. 5. Agency Environmental Health Risk or
Safety Risk Regulations.
"5-501. For each covered regulatory action submitted to OMB's Office of
Information and Regulatory Affairs (OIRA) for review pursuant to Executive
Order 12866 [5 USCS § 601 note]], the issuing agency shall provide to OIRA the following information
developed as part of the agency's decisionmaking process, unless prohibited by
law:
"(a) an evaluation of the environmental health or safety effects of the planned
regulation on children; and
"(b) an explanation of why the planned regulation is preferable to other
potentially effective and reasonably feasible alternatives considered by the
agency.
"5-502. In emergency situations, or when an agency is obligated by law to act
more quickly than normal review procedures allow, the agency shall comply with
the provisions of this section to the extent practicable. For those covered
regulatory actions that are governed by a court-imposed or statutory
deadline, the agency shall, to the extent practicable, schedule any rulemaking
proceedings so as to permit sufficient time for completing the analysis
required by this section.
"5-503. The analysis required by this section may be included as part of any
other required analysis, and shall be made part of the administrative record
for the covered regulatory action or otherwise made available to the public, to
the extent permitted by law.
"Sec. 6. Interagency Forum on Child and Family Statistics.
"6-601. The Director of the OMB ('Director') shall convene an Interagency Forum
on Child and Family Statistics ('Forum'), which will include representatives
from the appropriate Federal statistics and research agencies. The Forum shall
produce an annual compendium ('Report') of the most important indicators of the
well-being of the Nation's children.
"6-602. The Forum shall determine the indicators to be included in each Report
and identify the sources of data to be
used for each indicator. The Forum shall provide an ongoing review of Federal
collection and dissemination of data on children and families, and shall make
recommendations to improve the coverage and coordination of data collection and
to reduce duplication and overlap.
"6-603. The Report shall be published by the Forum in collaboration with the
National Institute of Child Health and Human Development. The Forum shall
present the first annual Report to the President, through the Director, by July
31, 1997. The Report shall be submitted annually thereafter, using the most
recently available data.
"Sec. 7. General Provisions.
"7-701. This order is intended only for internal management of the executive
branch. This order is not intended, and should not be construed to create, any
right, benefit, or trust responsibility, substantive or procedural, enforceable
at law or equity by a party against the United States, its agencies, its
officers, or its employees. This order shall not be construed to create any
right to judicial review involving the compliance or noncompliance with this
order by the United States, its agencies, its officers, or any other person.
"7-702. Executive Order 12606 of September 2, 1987 [5 USCS § 601 note] is revoked.".
Federal support of community efforts along American Heritage Rivers. Ex. Or.
No. 13061 of Sept. 11, 1997,
62 Fed. Reg. 48445; Ex. Or. No. 13093 of July 28, 1998,
63 Fed. Reg. 40357, provides:
"By the authority vested in me as President by the Constitution and the laws of
the United States of America, including the National Environmental Policy Act
of 1969 (Public Law 91-190) [42 USCS §§ 4321 et seq.], and in order to protect and restore rivers and their adjacent
communities, it is hereby ordered as follows:
"Section 1. Policies.
"(a) The American Heritage Rivers initiative has three objectives: natural
resource and environmental protection, economic revitalization, and historic
and cultural preservation.
"(b) Executive agencies ('agencies'), to the extent permitted by law and
consistent with their missions and resources, shall coordinate Federal plans,
functions, programs, and resources to preserve, protect, and restore rivers and
their associated resources important to our history, culture, and natural
heritage.
"(c) Agencies shall develop plans to bring increased efficiencies to existing
and authorized programs with goals that are supportive of protection and
restoration of communities along rivers.
"(d) In accordance with Executive Order 12630 [5 USCS § 601 note], agencies shall act with due regard for the protection of private
property provided for by the Fifth Amendment to the United States Constitution.
No new regulatory authority is created as a
result of the American Heritage Rivers initiative. This initiative will not
interfere with matters of State, local, and tribal government jurisdiction.
"(e) In furtherance of these policies, the President will designate rivers that
meet certain criteria as 'American Heritage Rivers.'
"(f) It is the policy of the Federal Government that communities shall nominate
rivers as American Heritage Rivers and the Federal role will be solely to
support community-based efforts to preserve, protect, and restore these rivers
and their communities.
"(g) Agencies should, to the extent practicable, help identify resources in the
private and nonprofit sectors to aid revitalization efforts.
"(h) Agencies are encouraged, to the extent permitted by law, to develop
partnerships with State, local, and tribal governments and community and
nongovernmental organizations. Agencies will be responsive to the diverse needs
of different kinds of communities from the core of our cities to remote rural
areas and shall seek to ensure that the role
played by the Federal Government is complementary to the plans and work being
carried out by State, local, and tribal governments. To the extent possible,
Federal resources will be strategically directed to complement resources being
spent by these governments.
"(i) Agencies shall establish a method for field offices to assess the success
of the American Heritage River initiative and provide a means to recommend
changes that will improve the delivery and accessibility of Federal services
and programs. Agencies are directed, where appropriate, to reduce and make more
flexible procedural requirements and paperwork related to providing assistance
to communities along designated rivers.
"(j) Agencies shall commit to a policy under which they will seek to ensure that
their actions have a positive effect on the natural, historic, economic, and
cultural resources of American Heritage River communities. The policy will
require agencies to consult with
American Heritage River communities early in the planning stages of Federal
actions, take into account the communities' goals and objectives and ensure
that actions are compatible with the overall character of these communities.
Agencies shall seek to ensure that their help for one community does not
adversely affect neighboring communities. Additionally, agencies are encouraged
to develop formal and informal partnerships to assist communities. Local
Federal facilities, to the extent permitted by law and consistent with the
agencies' missions and resources, should provide public access, physical space,
technical assistance, and other support for American Heritage River communities.
"(k) In addition to providing support to designated rivers, agencies will work
together to provide information and services to all communities seeking support.
"Sec. 2. Process for nominating an American Heritage River.
"(a) Nomination. Communities, in coordination with their State, local, or
tribal governments, can nominate their river, river stretch, or river
confluence for designation as an American Heritage River. When several
communities are involved in the nomination of the same river, nominations will
detail the coordination among the interested communities and the role each will
play in the process. Individuals living outside the community may not nominate
a river.
"(b) Selection criteria. Nominations will be judged based on the following:
"(1) the characteristics of the natural, economic, agricultural, scenic,
historic, cultural, or recreational resources of the river that render it
distinctive or unique;
"(2) the effectiveness with which the community has defined its plan of action
and the extent to which the plan addresses, either through planned actions or
past accomplishments, all three American Heritage Rivers objectives, which are
set forth in section 1(a) of this order;
"(3) the strength and diversity of community support for the nomination as
evidenced
by letters from elected officials; landowners; private citizens; businesses;
and especially State, local, and tribal governments. Broad community support is
essential to receiving the American Heritage River designation; and
"(4) willingness and capability of the community to forge partnerships and
agreements to implement their plan to meet their goals and objectives.
"(c) Recommendation process.
"The Chair of the Council on Environmental Quality ('CEQ') shall develop a fair
and objective procedure to obtain the views of a diverse group of experts for
the purpose of making recommendations to the President as to which rivers shall
be designated. These experts shall reflect a variety of viewpoints, such as
those representing natural, cultural, and historic resources; scenic,
environmental, and recreation interests; tourism, transportation, and economic
development interests; and industries such as agriculture, hydropower,
manufacturing, mining, and forest management. The Chair of the CEQ will ensure
that the rivers recommended represent a variety of stream sizes,
diverse geographical locations, and a wide range of settings from urban to
rural and ensure that relatively pristine, successful revitalization efforts
are considered as well as degraded rivers in need of restoration.
"(d) Designation.
(1) The President will designate certain rivers as American Heritage Rivers.
Based on the receipt of a sufficient number of qualified nominations, up to 20
rivers will be designated in the first phase of the initiative.
"(2) The Interagency Committee provided for in section 3 of this order shall
develop a process by which any community that nominates and has its river
designated may have this designation terminated at its request.
"(3) Upon a determination by the Chair of the CEQ that a community has failed to
implement its plan, the Chair may recommend to the President that a designation
be revoked. The Chair shall notify the community at least 30 days prior to
making such a
recommendation to the President. Based on that recommendation, the President
may revoke the designation.
"Sec. 3. Establishment of an Interagency Committee. There is hereby established
the American Heritage Rivers Interagency Committee ('Committee'). The Committee
shall have two co-chairs. The Chair of the CEQ shall be a permanent co-chair.
The other co-chair will rotate among the heads of the agencies listed below.
"(a) The Committee shall be composed of the following members or their designees
at the Assistant Secretary level or equivalent:
"(1) The Secretary of Defense;
"(2) The Attorney General;
"(3) The Secretary of the Interior;
"(4) The Secretary of Agriculture;
"(5) The Secretary of Commerce;
"(6) The Secretary of Housing and Urban Development;
"(7) The Secretary of Transportation;
"(8) The Secretary of Energy;
"(9) The Administrator of the Environmental Protection Agency;
"(10) The Chair of the Advisory Council on Historic Preservation;
"(11) The Chairperson of the National Endowment for the Arts; and
"(12) The Chairperson of the National Endowment
for the Humanities.
The Chair of the CEQ may invite to participate in meetings of the Committee,
representatives of other agencies, as appropriate.
"(b) The Committee shall:
"(1) establish formal guidelines for designation as an American Heritage River;
"(2) periodically review the actions of agencies in support of the American
Heritage Rivers;
"(3) report to the President on the progress, accomplishments, and effectiveness
of the American Heritage Rivers initiative; and
"(4) perform other duties as directed by the Chair of the CEQ.
"Sec. 4. Responsibilities of the Federal agencies. Consistent with Title I of
the National Environmental Policy Act of 1969 [42 USCS §§ 4321 et seq.], agencies shall:
"(a) identify their existing programs and plans that give them the authority to
offer assistance to communities involved in river conservation and community
health and revitalization;
"(b) to the extent practicable and permitted by law and regulation, refocus
programs, grants, and technical assistance to provide support for communities
adjacent to American Heritage Rivers;
"(c) identify all technical tools, including those developed for purposes other
than river conservation, that can be applied to river protection, restoration,
and community revitalization;
"(d) provide access to existing scientific data and information to the extent
permitted by law and consistent with the agencies mission and resources;
"(e) cooperate with State, local, and tribal governments and communities with
respect to their activities that take place in, or affect the area around, an
American Heritage River;
"(f) commit to a policy, as set forth in section 1(j) of this order, in making
decisions affecting the quality of an American Heritage River;
"(g) select from among all the agencies a single individual called the 'River
Navigator,' for each river that is designated an American Heritage River, with
whom the communities
can communicate goals and needs and who will facilitate community-agency
interchange;
"(h) allow public access to the river, for agencies with facilities along
American Heritage Rivers, to the extent practicable and consistent with their
mission; and
"(i) cooperate, as appropriate, with communities on projects that protect or
preserve stretches of the river that are on Federal property or adjacent to a
Federal facility.
"Sec. 5. Responsibilities of the Committee and the Council on Environmental
Quality. The CEQ shall serve as Executive agent for the Committee, and the CEQ
and the Committee shall ensure the implementation of the policies and purposes
of this initiative.
"Sec. 6. Definition. For the purposes of this order, Executive agency means any
agency on the Committee and such other agency as may be designated by the
President.
"Sec. 7. Judicial review. This order does not create any right or benefit,
substantive or procedural, enforceable by any party against the United States,
its agencies or instrumentalities, its officers or employees, or any
other person.".
American Heritage Rivers Initiative Advisory Committee. Ex. Or. No. 13080 of
April 7, 1998,
63 Fed. Reg. 17667; Ex. Or. No. 13093 of July 27, 1998,
63 Fed. Reg. 40357, provides:
"By the authority vested in me as President by the Constitution and the laws of
the United States, including the Federal Advisory Committee Act, 5 U.S.C. App.,
as amended, it is hereby ordered as follows:
"Section 1. Establishment. There is hereby established the American Heritage
Rivers Initiative Advisory Committee ('Committee'). The Committee shall consist
of up to 20 members appointed by the President from the public and private
sectors. Each member of the Committee shall be a person who, as a result of his
or her training, experience, and attainments, is well qualified to appraise the
quality of nominations for selection of rivers as American Heritage Rivers
submitted by communities across the country. The
expertise of members of the Committee shall be in areas such as natural,
cultural, and historic resources; water quality; public health; scenic and
recreation interests; tourism and economic development interests; industry; and
agriculture. The President shall designate a Chair from among the members of
the Committee.
"Sec. 2. (a) The Committee shall review nominations from communities and
recommend to the President up to 20 rivers for consideration for designation as
American Heritage Rivers. From the rivers recommended for consideration, the
President shall designate ten as American Heritage Rivers.
"(b) In its review of nominations submitted by communities, the Committee shall
provide its assessment of:
"(1) The scope of each nomination's application and the adequacy of its design
to achieve the community's goals;
"(2) Whether the natural, economic (including agricultural), scenic, historic,
cultural, and/or recreational resources featured in the application are
distinctive or unique;
"(3) The extent to which the
community's plan of action is clearly defined and the extent to which the plan
addresses all three American Heritage Rivers objectives--natural resource and
environmental protection, economic revitalization, and historic and cultural
preservation--either through planned actions or past accomplishments, as well
as any other characteristics of the proposals that distinguish a nomination,
such as:
"(A) Community vision and partnership;
"(B) Sustainability of products and projects, including project maintenance;
"(C) Resources, both committed and anticipated, including means of generating
additional support from both private and public sources;
"(D) Anticipated Federal role as defined by the applicants;
"(E) Schedule or timeline;
"(F) Citizen involvement;
"(G) Public education relating to the designation of the river;
"(H) Logistical support, operating procedures, and policies;
"(I) Prior accomplishments, if relevant, and relationship to existing plans and
projects in the area; and
"(J) Measures of performance.
"(4) The strength and
diversity of support for the nomination and plan of action as evidenced by
letters from local and State governments, Indian tribes, elected officials, any
and all parties who participate in the life and health of the area to be
nominated, or who have an interest in the economic life and cultural and
environmental vigor of the involved community.
"(c) The Committee also should seek to recommend the selection of rivers that as
a group:
"(1) Represent the natural, historic, cultural, social, economic, and
agricultural diversity of American rivers;
"(2) Showcase a variety of stream sizes and an assortment of urban, rural, and
mixed settings from around the country, including both relatively pristine and
degraded rivers;
"(3) Highlight a variety of innovative programs in such areas as historic
preservation, sustainable development through tourism, wildlife management,
fisheries restoration, recreation, community revitalization, agricultural
practices, and flood plain and watershed management;
"(4) Include community
efforts in early stages of development as well as those that are more well
established; and
"(5) Stand to benefit from targeted Federal assistance.
"(d) The Committee shall report its recommendations for selection of rivers as
American Heritage Rivers to the President through the Chair of the Council on
Environmental Quality.
"Sec. 3. Administration. (a) The heads of executive departments and agencies
shall provide the Committee, to the extent practicable and permitted by law,
such information with respect to river revitalization as the Committee requires
to fulfill its functions.
"(b) The Committee shall be supported both administratively and financially by
the Secretary of Defense, acting through the Assistant Secretary of the Army
for Civil Works.
"Sec. 4. General. The Committee shall terminate no later than 2 years from the
date of this order. The Chair of the Committee, with the approval of the
designated Federal officer, shall call meetings of the American Heritage Rivers
Initiative Advisory
Committee.".
Designation of American Heritage Rivers. Pres. Proc. 7112 of July 30, 1998,
63 Fed. Reg. 41949, provides:
"In celebration of America's rivers, and to recognize and reward grassroots
efforts to restore them, last year I announced the American Heritage Rivers
initiative. My goal was to help communities realize their visions for their
rivers by making it easier for them to tap existing programs and resources of
the Federal Government. From across the country, hundreds of communities
answered my call for nominations, asking that their rivers be designated
American Heritage Rivers. I applaud all of the communities that have drawn
together and dedicated themselves to the goal of healthy rivers, now and
forever.
"Having reviewed the recommendations of the American Heritage Rivers Initiative
Advisory Committee, I am pleased to be able to recognize a select group of
rivers and communities that reflect the true diversity and splendor of
America's
natural endowment, and the tremendous energy and commitment of its citizenry.
"Pursuant to Executive Orders 13061, 13080, and 13093 [notes to this section], I
hereby designate the following American Heritage Rivers:
".
The Blackstone and Woonasquatucket Rivers, in the States of Massachusetts and
Rhode Island;
".
The Connecticut River, in the States of Connecticut, Massachusetts, New
Hampshire, and Vermont;
".
The Cuyahoga River, in the State of Ohio;
".
The Detroit River, in the State of Michigan;
".
The Hanalei River, in the State of Hawaii;
".
The Hudson River, in the State of New York;
".
The Upper Mississippi River, in the States of Illinois, Iowa, Minnesota,
Missouri, and Wisconsin;
".
The Lower Mississippi River, in the States of Louisiana and Tennessee;
".
The New River, in the States of North Carolina, Virginia, and West Virginia;
".
The Rio Grande, in the State of Texas;
".
The Potomac River, in the District of Columbia and the States of Maryland,
Pennsylvania, Virginia, and West Virginia;
".
The
St. Johns River, in the State of Florida;
".
The Upper Susquehanna and Lackawanna Rivers, in the State of Pennsylvania;
".
The Willamette River, in the State of Oregon.
"IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of July, in
the year of our Lord nineteen hundred and ninety-eight, and of the Independence
of the United States of America the two hundred and twenty-third.".
Invasive species. Ex. Or. No. 13112 of Feb. 3, 1999,
64 Fed. Reg. 6183, provides:
"By the authority vested in me as President by the Constitution and the laws of
the United States of America, including the National Environmental Policy Act
of 1969, as amended
(42 U.S.C. 4321et seq.), Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990,
as amended
(16 U.S.C. 4701 et seq.), Lacey Act, as amended
(18 U.S.C. 42),Federal
Plant Pest Act
(7 U.S.C. 150aaet seq.), Federal Noxious Weed Act of 1974, as amended
(7 U.S.C. 2801 et seq.), Endangered Species Act of 1973, as amended
(16 U.S.C. 1531et seq.), and other pertinent statutes, to prevent the introduction of
invasive species and provide for their control and to minimize the economic,
ecological, and human health impacts that invasive species cause, it is ordered
as follows:
"Section 1. Definitions.
"(a) 'Alien species' means, with respect to a particular ecosystem, any species,
including its seeds, eggs, spores, or other biological material capable of
propagating that species, that is not native to that ecosystem.
"(b) 'Control' means, as appropriate, eradicating, suppressing, reducing, or
managing invasive species populations, preventing spread of invasive species
from areas where they are present, and taking steps such as restoration of
native species and habitats to reduce the effects of
invasive species and to prevent further invasions.
"(c) 'Ecosystem' means the complex of a community of organisms and its
environment.
"(d) 'Federal agency' means an executive department or agency, but does not
include independent establishments as defined by
5 U.S.C. 104.
"(e) 'Introduction' means the intentional or unintentional escape, release,
dissemination, or placement of a species into an ecosystem as a result of human
activity.
"(f) 'Invasive species' means an alien species whose introduction does or is
likely to cause economic or environmental harm or harm to human health.
"(g) 'Native species' means, with respect to a particular ecosystem, a species
that, other than as a result of an introduction, historically occurred or
currently occurs in that ecosystem.
"(h) 'Species' means a group of organisms all of which have a high degree of
physical and genetic similarity, generally interbreed only among themselves,
and show persistent
differences from members of allied groups of organisms.
"(i) 'Stakeholders' means, but is not limited to, State, tribal, and local
government agencies, academic institutions, the scientific community,
nongovernmental entities including environmental, agricultural, and
conservation organizations, trade groups, commercial interests, and private
landowners.
"(j) 'United States' means the 50 States, the District of Columbia, Puerto Rico,
Guam, and all possessions, territories, and the territorial sea of the United
States.
"Sec. 2. Federal Agency Duties. (a) Each Federal agency whose actions may affect
the status of invasive species shall, to the extent practicable and permitted
by law,
"(1) identify such actions;
"(2) subject to the availability of appropriations, and within Administration
budgetary limits, use relevant programs and authorities to: (i) prevent the
introduction of invasive species; (ii) detect and respond rapidly to and
control populations of such species in a
cost-effective and environmentally sound manner; (iii) monitor invasive species
populations accurately and reliably; (iv) provide for restoration of native
species and habitat conditions in ecosystems that have been invaded; (v)
conduct research on invasive species and develop technologies to prevent
introduction and provide for environmentally sound control of invasive species;
and (vi) promote public education on invasive species and the means to address
them; and
"(3) not authorize, fund, or carry out actions that it believes are likely to
cause or promote the introduction or spread of invasive species in the United
States or elsewhere unless, pursuant to guidelines that it has prescribed, the
agency has determined and made public its determination that the benefits of
such actions clearly outweigh the potential harm caused by invasive species;
and that all feasible and prudent measures to minimize risk of harm will be
taken in conjunction with the actions.
"(b) Federal agencies shall
pursue the duties set forth in this section in consultation with the Invasive
Species Council, consistent with the Invasive Species Management Plan and in
cooperation with stakeholders, as appropriate, and, as approved by the
Department of State, when Federal agencies are working with international
organizations and foreign nations.
"Sec. 3. Invasive Species Council. (a) An Invasive Species Council (Council) is
hereby established whose members shall include the Secretary of State, the
Secretary of the Treasury, the Secretary of Defense, the Secretary of the
Interior, the Secretary of Agriculture, the Secretary of Commerce, the
Secretary of Transportation, and the Administrator of the Environmental
Protection Agency. The Council shall be Co-Chaired by the Secretary of the
Interior, the Secretary of Agriculture, and the Secretary of Commerce. The
Council may invite additional Federal agency representatives to be members,
including representatives from subcabinet bureaus or offices with significant
responsibilities concerning invasive species, and may prescribe special
procedures for their participation. The Secretary of the Interior
shall, with concurrence of the Co-Chairs, appoint an Executive Director of the
Council and shall provide the staff and administrative support for the Council.
"(b) The Secretary of the Interior shall establish an advisory committee under
the Federal Advisory Committee Act, 5 U.S.C. App., to provide information and
advice for consideration by the Council, and shall, after consultation with
other members of the Council, appoint members of the advisory committee
representing stakeholders. Among other things, the advisory committee shall
recommend plans and actions at local, tribal, State, regional, and
ecosystem-based levels to achieve the goals and objectives of the Management
Plan in section 5 of this order. The advisory committee shall act in
cooperation with stakeholders and existing organizations addressing invasive
species. The Department of the Interior shall provide the administrative and
financial support for the advisory committee.
"Sec. 4. Duties of the Invasive
Species Council. The Invasive Species Council shall provide national leadership
regarding invasive species, and shall:
"(a) oversee the implementation of this order and see that the Federal agency
activities concerning invasive species are coordinated, complementary,
cost-efficient, and effective, relying to the extent feasible and appropriate
on existing organizations addressing invasive species, such as the Aquatic
Nuisance Species Task Force, the Federal Interagency Committee for the
Management of Noxious and Exotic Weeds, and the Committee on Environment and
Natural Resources;
"(b) encourage planning and action at local, tribal, State, regional, and
ecosystem-based levels to achieve the goals and objectives of the Management
Plan in section 5 of this order, in cooperation with stakeholders and existing
organizations addressing invasive species;
"(c) develop recommendations for international cooperation in addressing
invasive species;
"(d) develop, in consultation with the Council on Environmental Quality,
guidance to Federal agencies pursuant to the National Environmental Policy Act
on prevention and control of invasive species, including the procurement, use,
and maintenance of native species as they affect invasive species;
"(e) facilitate development of a coordinated network among Federal agencies to
document, evaluate, and monitor impacts from invasive species on the economy,
the environment, and human health;
"(f) facilitate establishment of a coordinated, up-to-date information-sharing
system that utilizes, to the greatest extent practicable, the Internet; this
system shall facilitate access to and exchange of information concerning
invasive species, including, but not limited to, information on distribution
and abundance of invasive species; life histories of such species and invasive
characteristics; economic, environmental, and human health impacts; management
techniques, and laws and programs for management, research, and public
education; and
"(g) prepare and issue a national Invasive Species Management
Plan as set forth in section 5 of this order.
"Sec. 5. Invasive Species Management Plan. (a) Within 18 months after issuance
of this order, the Council shall prepare and issue the first edition of a
National Invasive Species Management Plan (Management Plan), which shall detail
and recommend performance-oriented goals and objectives and specific measures
of success for Federal agency efforts concerning invasive species. The
Management Plan shall recommend specific objectives and measures for carrying
out each of the Federal agency duties established in section 2(a) of this order
and shall set forth steps to be taken by the Council to carry out the duties
assigned to it under section 4 of this order. The Management Plan shall be
developed through a public process and in consultation with Federal agencies
and stakeholders.
"(b) The
first edition of the Management Plan shall include a review of existing and
prospective approaches and authorities for preventing the introduction and
spread of invasive species, including those for identifying pathways by which
invasive species are introduced and for minimizing the risk of introductions
via those pathways, and shall identify research needs and recommend measures to
minimize the risk that introductions will occur. Such recommended measures
shall provide for a science-based process to evaluate risks associated with
introduction and spread of invasive species and a coordinated and systematic
risk-based process to identify, monitor, and interdict pathways that may be
involved in the introduction of invasive species. If recommended measures are
not authorized by current law, the Council shall develop and recommend to the
President through its Co-Chairs legislative proposals for necessary changes in
authority.
"(c) The Council shall
update the Management Plan biennially and shall concurrently evaluate and
report on success in achieving the goals and objectives set forth in the
Management Plan. The Management Plan shall identify the personnel, other
resources, and additional levels of coordination needed to achieve the
Management Plan's identified goals and objectives, and the Council shall
provide each edition of the Management Plan and each report on it to the Office
of Management and Budget. Within 18 months after measures have been recommended
by the Council in any edition of the Management Plan, each Federal agency whose
action is required to implement such measures shall either take the action
recommended or shall provide the Council with an explanation of why the action
is not feasible. The Council shall assess the effectiveness of this order no
less than once each 5 years after the order is issued and shall report to the
Office of Management and Budget on whether the order should be revised.
"Sec.
6. Judicial Review and Administration. (a) This order is intended only to
improve the internal management of the executive branch and is not intended to
create any right, benefit, or trust responsibility, substantive or procedural,
enforceable at law or equity by a party against the United States, its
agencies, its officers, or any other person.
"(b) Executive Order 11987 of May 24, 1977 [former note to this section], is
hereby revoked.
"(c) The requirements of this order do not affect the obligations of Federal
agencies under
16 U.S.C. 4713 with respect to ballast water programs.
"(d) The requirements of section 2(a)(3) of this order shall not apply to any
action of the Department of State or Department of Defense if the Secretary of
State or the Secretary of Defense finds that exemption from such requirements
is necessary for foreign policy or national security reasons.".
Greening the government through leadership in environmental management. Ex. Or.
No.
13148 of April 21, 2000,
65 Fed. Reg. 24595, provides:
"By the authority vested in me as President by the Constitution and the laws of
the United States of America, including the Emergency Planning and Community
Right-to-Know Act of 1986
(42 U.S.C. 11001-11050) (EPCRA), the Pollution Prevention Act of 1990
(42 U.S.C. 13101-13109) (PPA), the Clean Air Act
(42 U.S.C. 7401-7671q) (CAA), and section 301 of title 3, United States Code, it is hereby
ordered as follows:
"PART 1--PREAMBLE
"Section 101. Federal environmental leadership. The head of each Federal agency
is responsible for ensuring that all necessary actions are taken to integrate
environmental accountability into agency day-to-day decisionmaking and
long-term planning processes, across all agency missions, activities, and
functions. Consequently, environmental management considerations must be a
fundamental and
integral component of Federal Government policies, operations, planning, and
management. The head of each Federal agency is responsible for meeting the
goals and requirements of this order.
"PART 2--GOALS
"Sec. 201. Environmental management. Through development and implementation of
environmental management systems, each agency shall ensure that strategies are
established to support environmental leadership programs, policies, and
procedures and that agency senior level managers explicitly and actively
endorse these strategies.
"Sec. 202. Environmental compliance. Each agency shall comply with environmental
regulations by establishing and implementing environmental compliance audit
programs and policies that emphasize pollution prevention as a means to both
achieve and maintain environmental compliance.
"Sec. 203. Right-to-know and pollution prevention. Through timely planning and
reporting under the EPCRA, Federal facilities shall be leaders and responsible
members of their communities by informing the
public and their workers of possible sources of pollution resulting from
facility operations. Each agency shall strive to reduce or eliminate harm to
human health and the environment from releases of pollutants to the
environment. Each agency shall advance the national policy that, whenever
feasible and cost-effective, pollution should be prevented or reduced at the
source. Funding for regulatory compliance programs shall emphasize pollution
prevention as a means to address environmental compliance.
"Sec. 204. Release reduction: toxic chemicals. Through innovative pollution
prevention, effective facility management, and sound acquisition and
procurement practices, each agency shall reduce its reported Toxic Release
Inventory (TRI) releases and off-site transfers of toxic chemicals for
treatment and disposal by 10 percent annually, or by 40 percent overall by
December 31, 2006.
"Sec. 205. Use reduction:
toxic chemicals and hazardous substances and other pollutants. Through
identification of proven substitutes and established facility management
practices, including pollution prevention, each agency shall reduce its use of
selected toxic chemicals, hazardous substances, and pollutants, or its
generation of hazardous and radioactive waste types at its facilities by 50
percent by December 31, 2006. If an agency is unable to reduce the use of
selected chemicals, that agency will reduce the use of selected hazardous
substances or its generation of other pollutants, such as hazardous and
radioactive waste types, at its facilities by 50 percent by December 31, 2006.
"Sec. 206. Reductions in ozone-depleting substances. Through evaluating present
and future uses of ozone-depleting substances and maximizing the purchase and
the use of safe, cost effective, and environmentally preferable alternatives,
each agency shall develop a plan to phase
out the procurement of Class I ozone-depleting substances for all nonexcepted
uses by December 31, 2010.
"Sec. 207. Environmentally and economically beneficial landscaping. Each agency
shall strive to promote the sustainable management of Federal facility lands
through the implementation of cost-effective, environmentally sound landscaping
practices, and programs to reduce adverse impacts to the natural environment.
"PART 3--PLANNING AND ACCOUNTABILITY
"Sec. 301. Annual budget submission. Federal agencies shall place high priority
on obtaining funding and resources needed for implementation of the Greening
the Government Executive Orders, including funding to address findings and
recommendations from environmental management system audits or facility
compliance audits conducted under sections 401 and 402 of this order. Federal
agencies shall make such requests as required in Office of Management and
Budget (OMB) Circular A-11.
"Sec. 302. Application of life cycle assessment concepts. Each agency with
facilities shall establish a pilot program to apply life cycle assessment and
environmental cost accounting principles. To the maximum extent feasible and
cost-effective, agencies shall apply those principles elsewhere in the agency
to meet the goals and requirements of this order. Such analysis shall be
considered in the process established in the OMB Capital Programming Guide and
OMB Circular A-11. The Environmental Protection Agency (EPA), in coordination
with the Workgroup established in section 306 of this order, shall, to the
extent feasible, assist agencies in identifying, applying, and developing tools
that reflect life cycle assessment and environmental cost accounting principles
and provide technical assistance to agencies in developing life cycle
assessments and environmental cost accounting assessments under this Part.
"Sec. 303. Pollution prevention to address compliance. Each agency shall ensure
that its environmental regulatory compliance funding policies promote the use
of pollution prevention to achieve and maintain environmental compliance at the
agency's facilities. Agencies shall adopt a policy to preferentially use
pollution prevention projects and activities to correct and prevent
noncompliance with environmental regulatory requirements. Agency funding
requests for facility compliance with Federal, State, and local environmental
regulatory requirements shall emphasize pollution prevention through source
reduction as the means of first choice to ensure compliance, with reuse and
recycling alternatives having second priority as a means of compliance.
"Sec. 304. Pollution prevention return-on-investment programs. Each agency shall
develop and implement a pollution prevention program at its facilities that
compares the life cycle costs of treatment and/or disposal of waste and
pollutant streams to the
life cycle costs of alternatives that eliminate or reduce toxic chemicals or
pollutants at the source. Each agency shall implement those projects that are
life-cycle cost-effective, or otherwise offer substantial environmental or
economic benefits.
"Sec. 305. Policies, strategies, and plans.
"(a) Within 12 months of the date of this order, each agency shall ensure that
the goals and requirements of this order are incorporated into existing agency
environmental directives, policies, and documents affected by the requirements
and goals of this order. Where such directives and policies do not already
exist, each agency shall, within 12 months of the date of this order, prepare
and endorse a written agency environmental management strategy to achieve the
requirements and goals of this order. Agency preparation of directives,
policies, and documents shall reflect the nature, scale, and environmental
impacts of the agency's activities, products, or services. Agencies are
encouraged to include elements of relevant
agency policies or strategies developed under this part in agency planning
documents prepared under the Government Performance and Results Act of 1993,
Public Law 103-62 [for full classification, consult USCS Tables volumes].
"(b) By March 31, 2002, each agency shall ensure that its facilities develop a
written plan that sets forth the facility's contribution to the goals and
requirements established in this order. The plan should reflect the size and
complexity of the facility. Where pollution prevention plans or other formal
environmental planning instruments have been prepared for agency facilities, an
agency may elect to update those plans to meet the requirements and goals of
this section.
"(c) The Federal Acquisition Regulation (FAR) Council shall develop acquisition
policies and procedures for contractors to supply agencies with all information
necessary for compliance with this order. Once the appropriate FAR
clauses have been published, agencies shall use them in all applicable
contracts. In addition, to the extent that compliance with this order is made
more difficult due to lack of information from existing contractors, or
concessioners, each agency shall take practical steps to obtain the information
needed to comply with this order from such contractors or concessioners.
"Sec. 306. Interagency Environmental Leadership Workgroup. Within 4 months of
the date of this order, EPA shall convene and chair an Interagency
Environmental Leadership Workgroup (the Workgroup) with senior-level
representatives from all executive agencies and other interested independent
Government agencies affected by this order. The Workgroup shall develop
policies and guidance required by this order and member agencies shall
facilitate implementation of the requirements of this order in their respective
agencies. Workgroup members shall coordinate with their Agency Environmental
Executive (AEE) designated under section 301(d) of Executive
Order 13101 [42 USCS § 6961 note] and may request the assistance of their AEE in resolving issues that may
arise among members in developing policies and guidance related to this order.
If the AEEs are unable to resolve the issues, they may request the assistance
of the Chair of the Council on Environmental Quality (CEQ).
"Sec. 307. Annual reports. Each agency shall submit an annual progress report to
the Administrator on implementation of this order. The reports shall include a
description of the progress that the agency has made in complying with all
aspects of this order, including, but not limited to, progress in achieving the
reduction goals in sections 502, 503, and 505 of this order. Each agency may
prepare and submit the annual report in electronic format. A copy of the report
shall be submitted to the Federal Environmental Executive (FEE) by EPA for use
in the biennial Greening the Government Report to the President prepared in
accordance with Executive Order 13101 [42 USCS § 6961note]. Within 9 months of the date of this order, EPA, in coordination with
the Workgroup established under section 306 of this order, shall prepare
guidance regarding the information and timing for the annual report. The
Workgroup shall coordinate with those agencies responsible for Federal agency
reporting guidance under the Greening the Government Executive orders to
streamline reporting requirements and reduce agency and facility-level
reporting burdens. The first annual report shall cover calendar year 2000
activities.
"PART 4--PROMOTING ENVIRONMENTAL MANAGEMENT AND LEADERSHIP
"Sec. 401. Agency and facility environmental management systems. To attain the
goals of section 201 of this order:
"(a) Within 18 months of the date of this order, each agency shall
conduct an agency-level environmental management system self assessment based
on the Code of Environmental Management Principles for Federal Agencies
developed by the EPA
(61 Fed. Reg. 54062) and/or another appropriate environmental management system framework. Each
assessment shall include a review of agency environmental leadership goals,
objectives, and targets. Where appropriate, the assessments may be conducted at
the service, bureau, or other comparable level.
"(b) Within 24 months of the date of this order, each agency shall implement
environmental management systems through pilot projects at selected agency
facilities based on the Code of Environmental Management Principles for Federal
Agencies and/or another appropriate environmental management system framework.
By December 31, 2005, each agency shall implement an environmental management
system at all appropriate agency facilities based on facility size,
complexity, and the environmental aspects of facility operations. The facility
environmental management system shall include measurable environmental goals,
objectives, and targets that are reviewed and updated annually. Once
established, environmental management system performance measures shall be
incorporated in agency facility audit protocols.
"Sec. 402. Facility compliance audits. To attain the goals of section 202 of
this order:
"(a) Within 12 months of the date of this order, each agency that does not have
an established regulatory environmental compliance audit program shall develop
and implement a program to conduct facility environmental compliance audits and
begin auditing at its facilities within 6 months of the development of that
program.
"(b) An agency with an established regulatory environmental compliance audit
program may elect to conduct environmental management system audits in lieu of
regulatory environmental compliance audits at selected facilities.
"(c)
Facility environmental audits shall be conducted periodically. Each agency is
encouraged to conduct audits not less than every 3 years from the date of the
initial or previous audit. The scope and frequency of audits shall be based on
facility size, complexity, and the environmental aspects of facility
operations. As appropriate, each agency shall include tenant, contractor, and
concessioner activities in facility audits.
"(d) Each agency shall conduct internal reviews and audits and shall take such
other steps, as may be necessary, to monitor its facilities' compliance with
sections 501 and 504 of this order.
"(e) Each agency shall consider findings from the assessments or audits
conducted under Part 4 in program planning under section 301 of this order and
in the preparation and revisions to facility plans prepared under section 305
of this order.
"(f) Upon request and to the extent practicable, the EPA
shall provide technical assistance in meeting the requirements of Part 4 by
conducting environmental management reviews at Federal facilities and
developing policies and guidance for conducting environmental compliance audits
and implementing environmental management systems at Federal facilities.
"Sec. 403. Environmental leadership and agency awards programs.
"(a) Within 12 months of the date of this order, the Administrator shall
establish a Federal Government environmental leadership program to promote and
recognize outstanding environmental management performance in agencies and
facilities.
"(b) Each agency shall develop an internal agency-wide awards program to reward
and highlight innovative programs and individuals showing outstanding
environmental leadership in implementing this order. In addition, based upon
criteria developed by the EPA in coordination with the Workgroup established in
section 306 of this order, Federal
employees who demonstrate outstanding leadership in implementation of this
order may be considered for recognition under the White House awards program
set forth in section 803 of Executive Order 13101 of September 14, 1998 [42 USCS § 6961note].
"Sec. 404. Management leadership and performance evaluations.
"(a) To ensure awareness of and support for the environmental requirements of
this order, each agency shall include training on the provisions of the
Greening the Government Executive orders in standard senior level management
training as well as training for program managers, contracting personnel,
procurement and acquisition personnel, facility managers, contractors,
concessioners, and other personnel as appropriate. In coordination with the
Workgroup established under section 306 of this order, the EPA shall prepare
guidance on implementation of this section.
"(b) To recognize and reinforce the responsibilities of facility and senior
headquarters
program managers, regional environmental coordinators and officers, their
superiors, and, to the extent practicable and appropriate, others vital to the
implementation of this order, each agency shall include successful
implementation of pollution prevention, community awareness, and environmental
management into its position descriptions and performance evaluations for those
positions.
"Sec. 405. Compliance assistance.
"(a) Upon request and to the extent practicable, the EPA shall provide technical
advice and assistance to agencies to foster full compliance with environmental
regulations and all aspects of this order.
"(b) Within 12 months of the date of this order, the EPA shall develop a
compliance assistance center to provide technical assistance for Federal
facility compliance with environmental regulations and all aspects of this
order.
"(c) To enhance landscaping options and awareness, the United States Department
of Agriculture (USDA) shall provide information on the suitability,
propagation, and the use of native plants for landscaping to all agencies and
the
general public by USDA in conjunction with the center under subsection (b) of
this section. In implementing Part 6 of this order, agencies are encouraged to
develop model demonstration programs in coordination with the USDA.
"Sec. 406. Compliance assurance.
"(a) In consultation with other agencies, the EPA may conduct such reviews and
inspections as may be necessary to monitor compliance with sections 501 and 504
of this order. Each agency is encouraged to cooperate fully with the efforts of
the EPA to ensure compliance with those sections.
"(b) Whenever the Administrator notifies an agency that it is not in compliance
with section 501 or 504 of this order, the agency shall provide the EPA a
detailed plan for achieving compliance as promptly as practicable.
"(c) The Administrator shall report annually to the President and the public on
agency compliance with the provisions of sections 501 and 504 of this order.
"Sec. 407. Improving environmental management. To
ensure that government-wide goals for pollution prevention are advanced, each
agency is encouraged to incorporate its environmental leadership goals into its
Strategic and Annual Performance Plans required by the Government Performance
and Results Act of 1993, Public Law 103-62 [for full classification, consult
USCS Tables volumes], starting with performance plans accompanying the FY 2002
budget.
"PART 5--EMERGENCY PLANNING, COMMUNITY RIGHT-TO-KNOW, AND POLLUTION PREVENTION
"Sec. 501. Toxics release inventory/Pollution Prevention Act reporting. To
attain the goals of section 203 of this order:
"(a) Each agency shall comply with the provisions set forth in section 313 of
EPCRA [42 USCS § 11023], section 6607 of PPA [42 USCS § 13106], all implementing regulations, and future amendments to these authorities, in
light of applicable EPA guidance.
"(b) Each agency shall comply with these provisions without regard to the
Standard Industrial Classification (SIC) or North American Industrial
Classification System (NAICS) delineations. Except as described in subsection
(d) of this section, all other existing statutory or regulatory limitations or
exemptions on the application of EPCRA section 313 [42 USCS § 11023] to specific activities at specific agency facilities apply to the reporting
requirements set forth in subsection (a) of this section.
"(c) Each agency required to report under subsection (a) of this section shall
do so using electronic reporting as provided in EPA's EPCRA section 313 [42 USCS § 11023] guidance.
"(d) Within 12 months of the date of this order, the Administrator shall review
the impact on reporting of existing regulatory exemptions on the application of
EPCRA section 313 [42 USCS § 11023] at Federal
facilities. Where feasible, this review shall include pilot studies at Federal
facilities. If the review indicates that application of existing exemptions to
Federal Government reporting under this section precludes public reporting of
substantial amounts of toxic chemicals under subsection 501(a), the EPA shall
prepare guidance, in coordination with the Workgroup established under section
306 of this order, clarifying application of the exemptions at Federal
facilities. In developing the guidance, the EPA should consider similar
application of such regulatory limitations and exemptions by the private
sector. To the extent feasible, the guidance developed by the EPA shall be
consistent with the reasonable application of such regulatory limitations and
exemptions in the private sector. The guidance shall ensure reporting
consistent with the goal of public access to information under section 313 of
EPCRA [42 USCS § 11023] and section 6607 of PPA [42 USCS § 13106]. The
guidance shall be submitted to the AEEs established under section 301(d) of
Executive Order 13101 [42 USCS § 6961note] for review and endorsement. Each agency shall apply any guidance to
reporting at its facilities as soon as practicable but no later than for
reporting for the next calendar year following release of the guidance.
"(e) The EPA shall coordinate with other interested Federal agencies to carry
out pilot projects to collect and disseminate information about the release and
other waste management of chemicals associated with the environmental response
and restoration at their facilities and sites. The pilot projects will focus on
releases and other waste management of chemicals associated with environmental
response and restoration at facilities and sites where the activities
generating wastes do not otherwise meet EPCRA section 313 [42 USCS § 11023] thresholds for manufacture, process, or
other use. Each agency is encouraged to identify applicable facilities and
voluntarily report under subsection (a) of this section the releases and other
waste management of toxic chemicals managed during environmental response and
restoration, regardless of whether the facility otherwise would report under
subsection (a). The releases and other waste management of chemicals associated
with environmental response and restoration voluntarily reported under this
subsection will not be included in the accounting established under sections
503(a) and (c) of this order.
"Sec. 502. Release reduction: toxic chemicals. To attain the goals of section
204 of this order:
"(a) Beginning with reporting for calendar year 2001 activities, each agency
reporting under section 501 of this order shall adopt a goal of reducing, where
cost effective, the agency's total releases of toxic chemicals to the
environment and off-site transfers of such chemicals
for treatment and disposal by at least 10 percent annually, or by 40 percent
overall by December 31, 2006. Beginning with activities for calendar year 2001,
the baseline for measuring progress in meeting the reduction goal will be the
aggregate of all such releases and off-site transfers of such chemicals for
treatment and disposal as reported by all of the agency's facilities under
section 501 of this order. The list of toxic chemicals applicable to this goal
is the EPCRA section 313 [42 USCS § 11023] list as of December 1, 2000. If an agency achieves the 40 percent reduction
goal prior to December 31, 2006, that agency shall establish a new baseline and
reduction goal based on agency priorities.
"(b) Where an agency is unable to pursue the reduction goal established in
subsection (a) for certain chemicals that are mission critical and/or
needed to protect human health and the environment or where agency off-site
transfer of toxic chemicals for treatment is directly associated with
environmental restoration activities, that agency may request a waiver from the
EPA for all or part of the requirement in subsection (a) of this section. As
appropriate, waiver requests must provide: (1) an explanation of the mission
critical use of the chemical; (2) an explanation of the nature of the need for
the chemical to protect human health; (3) a description of efforts to identify
a less harmful substitute chemical or alternative processes to reduce the
release and transfer of the chemical in question; and (4) a description of the
off-site transfers of toxic chemicals for treatment directly associated with
environmental restoration activities. The EPA shall respond to the waiver
request within 90 days and may grant such a waiver for no longer than 2
years. An agency may resubmit a request for waiver at the end of that period.
The waiver under this section shall not alter requirements to report under
section 501 of this order.
"(c) Where a specific component (e.g., bureau, service, or command) within an
agency achieves a 75 percent reduction in its 1999 reporting year publicly
reported total releases of toxic chemicals to the environment and off-site
transfers of such chemicals for treatment and disposal, based on the 1994
baseline established in Executive Order 12856 [former note to this section],
that agency may independently elect to establish a reduction goal for that
component lower than the 40 percent target established in subsection (a) of
this section. The agency shall formally notify the Workgroup established in
section 306 of this order of the elected reduction target.
"Sec. 503. Use
reduction: toxic chemicals, hazardous substances, and other pollutants. To
attain the goals of section 205 of this order:
"(a) Within 18 months of the date of this order, each agency with facilities
shall develop and support goals to reduce the use at such agencies' facilities
of the priority chemicals on the list under subsection (b) of this section for
identified applications and purposes, or alternative chemicals and pollutants
the agency identifies under subsection (c) of this section, by at least 50
percent by December 31, 2006.
"(b) Within 9 months of the date of this order the Administrator, in
coordination with the Workgroup established in section 306 of this order, shall
develop a list of not less than 15 priority chemicals used by the Federal
Government that may result in significant harm to human health or the
environment and that have known, readily available, less harmful substitutes
for
identified applications and purposes. In addition to identifying the
applications and purposes to which such reductions apply, the Administrator, in
coordination with the Workgroup shall identify a usage threshold below which
this section shall not apply. The chemicals will be selected from listed EPCRA
section 313 [42 USCS § 11023] toxic chemicals and, where appropriate, other regulated hazardous substances
or pollutants. In developing the list, the Administrator, in coordination with
the Workgroup shall consider: (1) environmental factors including toxicity,
persistence, and bio-accumulation; (2) availability of known, less
environmentally harmful substitute chemicals that can be used in place of the
priority chemical for identified applications and purposes; (3) availability of
known, less environmentally harmful processes that can be used in place of the
priority chemical for identified applications and purposes; (4) relative costs
of alternative chemicals or
processes; and (5) potential risk and environmental and human exposure based
upon applications and uses of the chemicals by Federal agencies and facilities.
In identifying alternatives, the Administrator should take into consideration
the guidance issued under section 503 of Executive Order 13101 [42 USCS § 6961note].
"(c) If an agency, which has facilities required to report under EPCRA [42 USCS §§ 11001 et seq.], uses at its facilities less than five of the priority chemicals on
the list developed in subsection (b) of this section for the identified
applications and purposes, the agency shall develop, within 12 months of the
date of this order, a list of not less than five chemicals that may include
priority chemicals under subsection (b) of this section or other toxic
chemicals, hazardous substances, and/or other pollutants the agency uses or
generates, the release, transfer or waste management of which
may result in significant harm to human health or the environment.
"(d) In lieu of requirements under subsection (a) of this section, an agency
may, upon concurrence with the Workgroup established under section 306 of this
order, develop within 12 months of the date of this order, a list of not less
than five priority hazardous or radioactive waste types generated by its
facilities. Within 18 months of the date of this order, the agency shall
develop and support goals to reduce the agency's generation of these wastes by
at least 50 percent by December 31, 2006. To the maximum extent possible, such
reductions shall be achieved by implementing source reduction practices.
"(e) The baseline for measuring reductions for purposes of achieving the 50
percent reduction goal in subsections (a) and (d) of this section for each
agency is the first calendar
year following the development of the list of priority chemicals under
subsection (b) of this section.
"(f) Each agency shall undertake pilot projects at selected facilities to gather
and make publicly available materials accounting data related to the toxic
chemicals, hazardous substances, and/or other pollutants identified under
subsections (b), (c), or (d) of this section.
"(g) Within 12 months of the date of this order, the Administrator shall develop
guidance on implementing this section in coordination with the Workgroup. The
EPA shall develop technical assistance materials to assist agencies in meeting
the 50 percent reduction goal of this section.
"(h) Where an agency can demonstrate to the Workgroup that it has previously
reduced the use of a priority chemical identified in subsection 503(b) by 50
percent, then the agency may elect to waive the 50 percent reduction goal for
that chemical.
"Sec.
504. Emergency planning and reporting responsibilities. Each agency shall
comply with the provisions set forth in sections 301 through 312 of the EPCRA [42 USCS §§ 11001-11022], all implementing regulations, and any future amendments to these
authorities, in light of any applicable guidance as provided by the EPA.
"Sec. 505. Reductions in ozone-depleting substances. To attain the goals of
section 206 of this order:
"(a) Each agency shall ensure that its facilities: (1) maximize the use of safe
alternatives to ozone-depleting substances, as approved by the EPA's
Significant New Alternatives Policy (SNAP) program; (2) consistent with
subsection (b) of this section, evaluate the present and future uses of
ozone-depleting substances, including making assessments of existing and future
needs for such materials, and evaluate use of, and plans for recycling,
refrigerants, and halons; and (3) exercise leadership,
develop exemplary practices, and disseminate information on successful efforts
in phasing out ozone-depleting substances.
"(b) Within 12 months of the date of this order, each agency shall develop a
plan to phase out the procurement of Class I ozone-depleting substances for all
nonexcepted uses by December 31, 2010. Plans should target cost effective
reduction of environmental risk by phasing out Class I ozone depleting
substance applications as the equipment using those substances reaches its
expected service life. Exceptions to this requirement include all exceptions
found in current or future applicable law, treaty, regulation, or Executive
order.
"(c) Each agency shall amend its personal property management policies and
procedures to preclude disposal of ozone depleting substances removed or
reclaimed from its facilities or equipment, including disposal as part of a
contract, trade, or donation, without prior coordination with the Department of
Defense (DoD). Where the recovered ozone-depleting substance is a critical
requirement for DoD missions, the agency shall transfer the materials to the
DoD. The DoD will bear the costs of such transfer.
"PART 6--LANDSCAPING MANAGEMENT PRACTICES
"Sec. 601. Implementation.
"(a) Within 12 months from the date of this order, each agency shall incorporate
the Guidance for Presidential Memorandum on Environmentally and Economically
Beneficial Landscape Practices on Federal Landscaped Grounds
(60 Fed. Reg. 40837) developed by the FEE into landscaping programs, policies, and practices.
"(b) Within 12 months of the date of this order, the FEE shall form a workgroup
of appropriate Federal agency representatives to review and update the guidance
in subsection (a) of this section, as appropriate.
"(c) Each agency providing funding for nonfederal
projects involving landscaping projects shall furnish funding recipients with
information on environmentally and economically beneficial landscaping
practices and work with the recipients to support and encourage application of
such practices on Federally funded projects.
"Sec. 602. Technical assistance and outreach. The EPA, the General Services
Administration (GSA), and the USDA shall provide technical assistance in
accordance with their respective authorities on environmentally and
economically beneficial landscaping practices to agencies and their facilities.
"PART 7--ACQUISITION AND PROCUREMENT
"Sec. 701. Limiting procurement of toxic chemicals, hazardous substances, and
other pollutants.
"(a) Within 12 months of the date of this order, each agency shall implement
training programs to ensure that agency procurement officials and acquisition
program managers are aware of the requirements of this order and its
applicability to those individuals.
"(b) Within 24 months of the date of this order, each agency shall determine the
feasibility of implementing centralized
procurement and distribution (e.g., 'pharmacy') programs at its facilities for
tracking, distribution, and management of toxic or hazardous materials and,
where appropriate, implement such programs.
"(c) Under established schedules for review of standardized documents, DoD and
GSA, and other agencies, as appropriate, shall review their standardized
documents and identify opportunities to eliminate or reduce their use of
chemicals included on the list of priority chemicals developed by the EPA under
subsection 503(b) of this order, and make revisions as appropriate.
"(d) Each agency shall follow the policies and procedures for toxic chemical
release reporting in accordance with FAR section 23.9 effective as of the date
of this order and policies and procedures on Federal compliance with
right-to-know laws and pollution prevention requirements in accordance with FAR
section 23.10 effective as of the date of this order.
"Sec. 702. Environmentally benign adhesives. Within 12 months after
environmentally benign pressure sensitive adhesives for paper products become
commercially available, each agency shall revise its specifications for paper
products using adhesives and direct the purchase of paper products using those
adhesives, whenever technically practicable and cost effective. Each agency
should consider products using the environmentally benign pressure sensitive
adhesives approved by the U.S. Postal Service (USPS) and listed on the USPS
Qualified Products List for pressure sensitive recyclable adhesives.
"Sec. 703. Ozone-depleting substances. Each agency shall follow the policies
and procedures for the acquisition of items that contain, use, or are
manufactured with ozone-depleting substances in accordance with FAR section
23.8 and other applicable FAR provisions.
"Sec. 704. Environmentally and economically beneficial landscaping practices.
"(a) Within 18 months of the date of this order,
each agency shall have in place acquisition and procurement practices,
including provision of landscaping services that conform to the guidance
referred to in section 601 of this order, for the use of environmentally and
economically beneficial landscaping practices. At a minimum, such practices
shall be consistent with the policies in the guidance referred to in section
601 of this order.
"(b) In implementing landscaping policies, each agency shall purchase
environmentally preferable and recycled content products, including
EPA-designated items such as compost and mulch, that contribute to
environmentally and economically beneficial practices.
"PART 8--EXEMPTIONS
"Sec. 801. National security exemptions. Subject to subsection 902(c) of this
order and except as otherwise required by applicable law, in the interest of
national security, the head of any agency may request from the President an
exemption from complying with the provisions of any or all provisions of this
order for particular agency
facilities, provided that the procedures set forth in section 120(j)(1) of the
Comprehensive Environmental Response, Compensation, and Liability Act of 1980,
as amended
(42 U.S.C. 9620(j)(1)), are followed, with the following exceptions: (a) an exemption issued
under this section will be for a specified period of time that may exceed 1
year; (b) notice of any exemption granted under this section for provisions not
otherwise required by law is only required to the Director of OMB, the Chair of
the CEQ, and the Director of the National Security Council; and (c) an
exemption under this section may be issued due to lack of appropriations,
provided that the head of the agency requesting the exemption shows that
necessary funds were requested by the agency in its budget submission and
agency plan under Executive Order 12088 of October 13, 1978 [note to this
section], and were not contained
in the President's budget request or the Congress failed to make available the
requested appropriation. To the maximum extent practicable, and without
compromising national security, each agency shall strive to comply with the
purposes, goals, and implementation steps in this order. Nothing in this order
affects limitations on the dissemination of classified information pursuant to
law, regulation, or Executive order.
"Sec. 802. Compliance. After January 1, 2002, OMB, in consultation with the
Chair of the Workgroup established by section 306 of this order, may modify the
compliance requirements for an agency under this order, if the agency is unable
to comply with the requirements of the order. An agency requesting modification
must show that it has made substantial good faith efforts to comply with the
order. The cost-effectiveness of implementation of the order can be a factor in
OMB's decision to modify the requirements for that agency's compliance with the
order.
"PART
9--GENERAL PROVISIONS
"Sec. 901. Revocation. Executive Order 12843 of April 21, 1993, Executive Order
12856 of August 3, 1993 [former note to this section], the Executive Memorandum
on Environmentally Beneficial Landscaping of April 26, 1994, Executive Order
12969 of August 8, 1995 [former
41 USCS § 401note], and section 1-4. 'Pollution Control Plan' of Executive Order 12088 of
October 13, 1978 [note to this section], are revoked.
"Sec. 902. Limitations.
"(a) This order is intended only to improve the internal management of the
executive branch and is not intended to create any right, benefit, or trust
responsibility, substantive or procedural, enforceable at law by a party
against the United States, its agencies, its officers, or any other person.
"(b) This order applies to Federal facilities in any State of the United States,
the District of Columbia, the
Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin
Islands, the Northern Mariana Islands, and any other territory or possession
over which the United States has jurisdiction. Each agency with facilities
outside of these areas, however, is encouraged to make best efforts to comply
with the goals of this order for those facilities.
"(c) Nothing in this order alters the obligations under EPCRA [42 USCS §§ 11001 et seq.], PPA [42 USCS §§ 13101 et seq.], and CAA [42 USCS §§ 7401 et seq.] independent of this order for Government-owned, contractor-operated
facilities and Government corporations owning or operating facilities or
subjects such facilities to EPCRA [42 USCS §§ 11001 et seq.], PPA [42 USCS §§ 13101 et seq.], or CAA [42 USCS §§ 7401 et seq.] if they are otherwise excluded. However,
each agency shall include the releases and other waste management of chemicals
for all such facilities to meet the agency's reporting responsibilities under
section 501 of this order.
"(d) Nothing in this order shall be construed to make the provisions of CAA
sections 304 [42 USCS § 7604]and EPCRA sections 325 and 326 [42 USCS §§ 11045 and 11046] applicable to any agency or facility, except to the extent that an
agency or facility would independently be subject to such provisions.
"Sec. 903. Community outreach. Each agency is encouraged to establish a process
for local community advice and outreach for its facilities relevant to aspects
of this and other related Greening the Government Executive orders. All
strategies and plans developed under this order shall be made available to the
public upon request.
"PART 10--DEFINITIONS
"For purposes of this order:
"Sec. 1001. General. Terms that are not
defined in this part but that are defined in Executive Orders 13101 and 13123 [42 USCS §§ 6961 note and 8251 note] have the meaning given in those Executive orders. For the
purposes of Part 5 of this order all definitions in EPCRA [42 USCS §§ 11001 et seq.] and PPA [42 USCS §§ 13101 et seq.] and implementing regulations at 40 CFR Parts 370 and 372 apply.
"Sec. 1002. 'Administrator' means the Administrator of the EPA.
"Sec. 1003. 'Environmental cost accounting' means the modification of cost
attribution systems and financial analysis practices specifically to directly
track environmental costs that are traditionally hidden in overhead accounts to
the responsible products, processes, facilities or activities.
"Sec. 1004. 'Facility' means any building, installation, structure, land, and
other property owned or operated by, or constructed or manufactured and
leased to, the Federal Government, where the Federal Government is formally
accountable for compliance under environmental regulation (e.g., permits,
reports/records and/or planning requirements) with requirements pertaining to
discharge, emission, release, spill, or management of any waste, contaminant,
hazardous chemical, or pollutant. This term includes a group of facilities at a
single location managed as an integrated operation, as well as government owned
contractor operated facilities.
"Sec. 1005. 'Environmentally benign pressure sensitive adhesives' means
adhesives for stamps, labels, and other paper products that can be easily
treated and removed during the paper recycling process.
"Sec. 1006. 'Ozone-depleting substance' means any substance designated as a
Class I or Class II substance by EPA in 40 CFR Part 82.
"Sec. 1007. 'Pollution prevention' means 'source reduction,' as defined in the
PPA [42 USCS §§ 13101 et seq.], and other practices that reduce or eliminate the creation of
pollutants through: (a) increased efficiency in the use of raw materials,
energy, water, or other resources; or (b) protection of natural resources by
conservation.
"Sec. 1008. 'Greening the Government Executive orders' means this order and the
series of orders on greening the government including Executive Order 13101 of
September 14, 1998 [42 USCS § 6961 note], Executive Order 13123 of June 3, 1999 [42 USCS § 8251note], Executive Order 13134 of August 12, 1999 [7 USCS § 7624note], and other future orders as appropriate.
"Sec. 1009. 'Environmental aspects' means the elements of an organization's
activities, products, or services that can interact with the environment.".
Environmental impact statement not a precondition for
low-level training flights. Act Oct. 30, 2000, P.L. 106-398,
§ 1, 114 Stat. 1654 (enacting into law
§ 317 of Subtitle B of Title III of Division A of H.R. 5408 (114 Stat.
1654A-----), as introduced on Oct. 6, 2000), provides:
"Nothing in the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.) or the regulations implementing such law shall require the Secretary
of Defense or the Secretary of a military department to prepare a programmatic,
nation-wide environmental impact statement for low-level flight training as a
precondition to the use by the Armed Forces of an airspace for the performance
of low-level training flights.".
NOTES:
CODE OF FEDERAL REGULATIONS
Limitation on imports of meat under the Office of the Secretary of Agriculture,
7 CFR Part 16.
Prime and unique farmlands under the Soil Conservation Service, 7 CFR Part 657.
Environmental quality and related concerns--compliance with the National
Environmental Policy Act, 7 CFR Part 799.
Aircraft certification procedures for products and parts under the Federal
Aviation Administration, 14 CFR Part 21.
Noise standards: aircraft type and airworthiness certification under the
Federal Aviation Administration, 14 CFR Part 36.
General operating and flight rules under the Federal Aviation Administration,
14 CFR Part 91.
Applications for certificates of public convenience and necessity under the
Civil Aeronautics Board, 14 CFR Part 201.
Applications for permits to foreign air carriers under the Civil
Aeronautics Board, 14 CFR Part 211.
Tariffs under the Civil Aeronautics Board, 14 CFR Part 221.
Environmental review under the Consumer Product Safety Commission, 16 CFR Part
1021.
General policy and interpretations re: conservation of power and water
resources, 18 CFR Part 2.
Regulations implementing the National Environmental Policy Act, 18 CFR Part 380.
Tennessee Valley Authority: land between the lakes, 18 CFR Part 1305.
Department of State: regulations for implementation of National Environmental
Policy Act (NEPA), 22 CFR Part 161.
The acquisition function of the Federal Highway Administration, 23 CFR Part 712.
Junkyard control and acquisition under the Federal Highway Administration, 23
CFR Part 751.
Landscape and roadside development under the Federal Highway Administration, 23
CFR Part 752.
Mitigation of environmental impacts to privately owned wetlands under the
Federal Highway Administration, 23 CFR Part 777.
Housing and Urban Development: environmental review procedures for community
development block grant rental rehabilitation and housing development programs,
24 CFR Part 58.
Department of Labor: National Environmental Policy Act (NEPA) compliance
procedures, 29 CFR Part 11.
Royalty management, generally: Minerals Management Service; Department of the
Interior, 30 CFR Part 201.
Relief or reduction in royalty rates: Minerals Management Service, Department
of the Interior, royalty management, 30 CFR Part 203.
Product valuation: Minerals Management Service, Department of the Interior,
royalty management, 30 CFR Part 206.
Forms and reports: Minerals Management Service, Department of the Interior,
royalty management,
30 CFR Part 210.
Records and files maintenance: Minerals Management Service, Department of the
Interior, royalty management, 30 CFR Part 212.
Penalties: Minerals Management Service, Department of the Interior, royalty
management, 30 CFR Part 241.
Navigation and navigable waters: procedures for implementing the National
Environmental Policy Act, 33 CFR Part 230.
Implementation of procedures under the National Environmental Policy Act, 40
CFR Part 6.
Licensing of officers and motorboat operators and registration of staff
officers by the Coast Guard, 46 CFR Part 10.
Certification of seamen by the Coast Guard, 46 CFR Part 12.
Inspection and certification of passenger vessels by the Coast Guard, 46 CFR
Part 71.
Inspection and certification of cargo and miscellaneous vessels by the Coast
Guard, 46 CFR Part
91.
Commercial fishing vessels dispensing petroleum products, 46 CFR Part 105.
Inspection and certification of small passenger vessels by the Coast Guard, 46
CFR Part 176.
Licensing of small passenger vessels by the Coast Guard, 46 CFR Part 187.
Inspection and certification of oceanographic vessels by the Coast Guard, 46
CFR Part 189.
Urban Mass Transportation Administration, Department of Transportation:
environmental impact and related services, 49 CFR Part 622.
Aid to fisheries, financial aid program procedures, 50 CFR Part 251.
Add:
7 CFR Part 3407
21 CFR Part 25
This section is no longer cited as authority for:
14 CFR Part 302
32 CFR Part 214
43 CFR Part 3160
46 CFR Part 176
CROSS REFERENCES
Works financed by loans subject to environmental control,
43 USCS § 421h.
RESEARCH GUIDE
Federal Procedure:
15 Moore's Federal Practice (Matthew Bender 3d ed.), Issues of Justiciability
§ 101.51.
2 Fed Proc L Ed, Administrative Procedure (1994)
§ 2:288.
4 Fed Proc L Ed, Aviation and Space
§ 7:444.
7 Fed Proc L Ed, Condemnation of Property
§ 14:4.
11 Fed Proc L Ed, Environmental Protection
§§ 32:738, 739, 964.
12A Fed Proc L Ed, Farms, Ranches, and Agricultural Products
§ 34:561.
15 Fed Proc L Ed, Freedom of Information
§ 38:70.
18 Fed Proc L Ed, Highways and Bridges
§ 43:49.
18 Fed Proc
L Ed, Housing and Urban Development
§ 44:699.
19 Fed Proc L Ed, Injunctions and Restraining Orders
§ 47:88.
24 Fed Proc L Ed, Natural and Marine Resources
§§ 56:393, 824.
25 Fed Proc L Ed, Navigable Waters
§§ 57:401, 402.
29 Fed Proc L Ed, Public Lands and Property
§ 66:446.
31 Fed Proc L Ed, Telecommunications
§ 72:196.
33 Fed Proc L Ed, Veterans and Veterans' Affairs
§§ 79:105, 79:111.
Am Jur:
6 Am Jur 2d, Atomic Energy
§§ 5, 17-19, 24.
27 Am Jur 2d, Eminent Domain
§§ 29, 89.
27A Am Jur 2d, Energy and Power Sources
§ 116.
32 Am Jur 2d, Federal Practice and Procedure
§ 280.
37A Am Jur 2d, Freedom of Information Act (1994)
§ 87.
42 Am Jur 2d, Injunctions
§ 235.
61 Am Jur 2d, Plant and Job Safety--Osha and State Laws
§ 44.
61A Am Jur 2d, Pollution Control
§§ 9, 10, 13, 15, 17, 21, 22, 23, 34, 268, 518, 521.
61B Am Jur 2d, Pollution Control
§§ 97, 102, 106, 112, 114.
61C Am Jur 2d, Pollution Control
§§ 1592, 1593, 1932, 2032, 2035.
62 Am Jur 2d, Post Office
§ 7.
83 Am Jur 2d, Zoning and Planning
§ 5.
Am Jur Trials:
53 Am Jur Trials, Challenging Wetland Regulation of Land Development, p. 511.
57 Am Jur Trials, Private Cost Recovery
Actions Under CERCLA, p. 1.
57 Am Jur Trials, Handling Toxic Tort Litigation, p. 395.
59 Am Jur Trials, Contractual Indemnifications and Releases From Environmental
Liability, p. 231.
Am Jur Proof of Facts:
3 Am Jur Proof of Facts 3d, Products Liability-Formaldehyde Fumes Emitted By
Building Materials, p. 225.
24 Am Jur Proof of Facts 3d, Emotional Distress Caused by Fear of Future
Disease, p. 273.
25 Am Jur Proof of Facts 3d, Toxic Torts: Proof of Medical Monitoring Damages
for Exposure to Toxic Substances, p. 313.
33 Am Jur Proof of Facts 3d, Diminished Property Value Due to Environmental
Contamination, p. 163.
34 Am Jur Proof of Facts 3d, CERCLA Liability of Parent, Subsidiary and
Successor Corporations, p. 387.
34 Am
Jur Proof of Facts 3d, Validity and Applicability of Contractual Allocations of
Environmental Risk, p. 465.
35 Am Jur Proof of Facts 3d, Proof of Standing in Environmental Citizen Suits,
p. 493.
36 Am Jur Proof of Facts 3d, Buyers Claims Against Seller Who Fails to Disclose
Environmental Condition of Property, p. 471.
36 Am Jur Proof of Facts 3d, Proof of Wrongful Discharge of Pollutant Into
Waterway Under Federal Clean Water Act, p. 533.
39 Am Jur Proof of Facts 3d, Insured's Proof That Environmental Cleanup Costs
are Covered
"Damages" Under CGL Insurance Policy, p. 483.
39 Am Jur Proof of Facts 3d, Proof of Contamination in Toxic Tort Cases Through
Expert Testimony, p. 539.
40 Am Jur Proof of Facts 3d, Wrongful Handling or Disposal of
Solid or Hazardous Waste, p. 457.
Forms:
9 Fed Procedural Forms L Ed, Environmental Protection (1999)
§ 29:153.
10 Fed Procedural Forms L Ed, Government Contracts
§ 34:10.
10A Fed Procedural Forms L Ed, Highways and Bridges
§ 38:54.
13 Fed Procedural Forms L Ed, Natural and Marine Resources
§§ 50:296, 297.
13 Fed Procedural Forms L Ed, Navigable Waters (1998)
§§ 51:43, 44.
14 Fed Procedural Forms L Ed, Railroads
§ 56:12.
16 Fed Procedural Forms L Ed, Transportation
§ 66:2.
12 Am Jur Pl
& Pr Forms (1999), Fish and Game,
§ 43.
13 Am Jur Pl
& Pr Forms (Rev), Highways, Streets, and Bridges, Form 482.1.
20 Am Jur Pl
& Pr Forms (Rev), Pollution Control, Forms 22-24.
24B Am Jur Pl
& Pr Forms (1999), War,
§ 96.
24B Am Jur Pl
& Pr Forms (1999), Waters,
§ 119.
Annotations:
Applicability of Federal antitrust laws as affected by other Federal statutes
or by Federal Constitution--Supreme Court cases.
45 L Ed 2d 841.
Standing of private citizen, association, or organization to maintain action in
federal court for injunctive relief against commercial development or
activities, or construction of highways, or other governmental projects,
alleged to be harmful to environment in public parks, other similar
recreational areas, or wildlife refuges.
11 ALR Fed 556.
Construction and application of Wilderness Act
(16 USCS §§ 1131 et seq.) providing for
National Wilderness Preservation System.
14 ALR Fed 508.
Construction and application of
§§ 101-105 of National Environmental Policy Act of 1969
(42 USCS §§ 4331-4335) requiring all federal agencies to consider environmental factors in
their planning and decision making.
17 ALR Fed 33.
Authority of Secretary of Army to deny dredging and filling permit for
ecological reasons under
§ 10 of Rivers and Harbors Act of 1899,
33 USCS § 403.
25 ALR Fed 706.
Federal common law of nuisances as basis for relief in environmental pollution
cases.
29 ALR Fed 137.
Grant, administration, and construction, under Outer Continental Shelf Lands
Act of 1953
(43 USCS §§ 1331 et seq.), of leases to explore for oil and gas deposits under
continental shelf.
31 ALR Fed 615.
Construction, applicability, and effect of
§ 304 of Clean Air Amendments of 1970
(42 USCS § 1857h-2) in actions against alleged violators.
37 ALR Fed 320.
Construction and application of
§ 382(b) of Energy Policy and Conservation Act of 1975
(42 USCS § 6362(b)), requiring certain federal agencies to include, in any major regulatory
action, statement of probable impact of such action on energy efficiency and
conservation.
48 ALR Fed 895.
General principles governing standing to maintain action challenging omission
or adequacy of environmental impact statement required by
§ 102(2)(C) of National Environmental Policy Act of 1969
(42 USCS § 4332(2)(C)).
61 ALR Fed 87.
Private individual's standing to
challenge omission or adequacy of environmental impact statement required by
§ 102(2)(C) of National Environmental Policy Act of 1969
(42 USCS § 4332(2)(C)).
62 ALR Fed 337.
Necessity and sufficiency of environmental impact statements under
§ 102(2)(C) of National Environmental Policy Act of 1969
(42 USCS § 4332(2)(C)) in cases involving transportation projects.
62 ALR Fed 664.
Affirmative defenses in actions challenging omission or adequacy of
environmental impact statement under
§ 102(2)(C) of National Environmental Policy Act of 1969
(42 USCS § 4332(2)(C)).
63 ALR Fed 18.
Environmental and conservation groups' standing to challenge omission or
adequacy of environmental impact statement required by
§
102(2)(C) of National Environmental Policy Act of 1969
(42 USCS § 4332(2)(C)).
63 ALR Fed 446.
Necessity and sufficiency of environmental impact statements under
§ 102(2)(C) of National Environmental Policy Act of 1969
(42 USCS § 4332(2)(C)) in cases involving highway projects.
64 ALR Fed 15.
Governmental entity's standing to challenge omission or adequacy of
environmental impact statement required by
§ 102(2)(C) of National Environmental Policy Act of 1969
(42 USCS § 4332(2)(C)).
64 ALR Fed 521.
Necessity and sufficiency of environmental impact statement under
§ 102(2)(C) of National Environmental Policy Act of 1969
(42 USCS § 4332(2)(C)) in
cases involving housing and urban renewal projects.
65 ALR Fed 121.
Necessity and sufficiency of environmental impact statements under
§ 102(2)(C) of National Environmental Policy Act of 1969
(42 USCS § 4332(2)(C)), in cases involving power projects.
66 ALR Fed 395.
Necessity and sufficiency of environmental impact statements under
§ 102(2)(C) of National Environmental Policy Act of 1969
(42 USCS § 4332(2)(C)) in cases involving water and waterworks projects.
67 ALR Fed 54.
Necessity and sufficiency of environmental impact statements under
§ 102(2)(C) of National Environmental Policy Act of 1969
(42 USCS § 4332(2)(C)) in cases involving herbicide, pesticide, and related projects.
74 ALR Fed 249.
Necessity and sufficiency of environmental impact statements under
§ 102(2)(C) of National Environmental Policy Act of 1969
(42 USCS § 4332(2)(C)) in cases involving logging, mining, and related projects.
74 ALR Fed 702.
Necessity and sufficiency of environmental impact statements under
§ 102(2)(C) of National Environmental Policy Act of 1969
(42 USCS § 4332(2)(C)) in cases involving hunting, fishing and related projects.
74 ALR Fed 852.
Necessity and sufficiency of environmental impact statements under
§ 102(2)(C) of National Environmental Policy Act of 1969
(42 USCS § 4332(2)(C)) in cases involving defense, military, and related projects.
75 ALR Fed 119.
Necessity and
sufficiency of environmental impact statements under
§ 102(2)(C) of National Environmental Policy Act of 1969
(42 USCS § 4332(2)(C)) in cases involving park, recreational, wilderness, and related
projects.
75 ALR Fed 738.
Necessity and sufficiency of environmental impact statements under
§ 102(2)(C) of National Environmental Policy Act of 1969
>(42 USCS § 4332(2)(C)) in cases involving projects relating to acquisition, construction,
alteration, or disposition of government facilities.
76 ALR Fed 279.
Necessity and sufficiency of environmental impact statements under
§ 102(2)(C) of National Environmental Policy Act of 1969
(42 USCS § 4332(2)(C)) in cases involving pollution abatement and related projects.
76 ALR Fed 563.
What
constitutes impairment of proposed intervenor's interest to support
intervention as matter of right under Rule 24(a)(2) of Federal Rules of Civil
Procedure in environmental actions.
76 ALR Fed 762.
Necessity and sufficiency of environmental impact statements under
§ 102(2)(C) of National Environmental Policy Act of 1969
(42 USCS § 4332(2)(C)) in cases involving regulation of private enterprise.
76 ALR Fed 902.
Standing of air pollution source to challenge Clean Air Act
(42 USCS §§ 7401-7626) or its implementation.
85 ALR Fed 515.
Right to maintain action to enjoin public nuisance as affected by existence of
pollution control agency.
60 ALR3d 665.
Texts:
Yannacone, Cohen, and Davison, Environmental Rights and Remedies
§§ 5:1-5:10.
Law
Review Articles:
Frost, Amoco Production Co. v. Village of Gambell and Motor Vehicle
Manufacturers Association v. State Farm Mutual Automobile Insurance Co.:
Authority Warranting Reconsideration of the Substantive Goals of the National
Environmental Policy Act. Alaska L Rev 15, June, 1988.
Rejection of Risk Under NEPA: Stress and People Against Nuclear Energy.
33 Am U L Rev 535, 1984.
Zimmerman, NEPA: Theories for Challenging Agency Action.
3 Ariz St L J 665, 1982.
National Environmental Policy Act of 1969: Analysis and judicial
interpretation.
(1973) 25 Baylor L Rev 71.
Kelley, Judicial Review of Agency Decisions Under the National Environmental
Policy Act of 1969--Strycker's Bay Neighborhood Council, Inc. v. Karlen. 10 BC
Environ Aff
L Rev 79, 1982.
Fogleman, Threshold Determinations Under the National Environmental Policy Act.
15 BC Environ Aff L Rev 59.
Gray, NEPA: Waiting for the other Shoe to Drop. 55 Chicago-Dent L Rev 361,
1979.
The Tenth Amendment and Environmental Legislation;
United States v. Duracell International, Inc., 510 F. Supp. 154 (M.D. Tenn. 1981). 13 Environ L 265, Fall, 1982.
Environmental Law: National Environmental Policy Act. 20 Harv Int L J 175,
Winter, 1979.
Haug, Determining the Significance of Environmental Issues Under the National
Environmental Policy Act. 18 J Envtl MGMT 15, 1984.
Coggins, Some Suggestions for Future Plaintiffs on Extending the Scope of the
National Environmental Policy Act.
24 Kan L Rev 307, Winter, 1976.
Bockrath, Environmental Law.
43 La L Rev 403, November, 1982.
Environmental law: Standing to challenge federal agency action under National
Environmental Protection Act.
(1972) 57 Minn L Rev 404.
Goplerud, NEPA at Nine: Alive and Well, or Wounded in Action? 55 North Dakota
L Rev 497, 1979.
Fairfax and Barton, A Decade of NEPA: Milestone or Millstone? Renewable
Resources J 22, Summer, 1984.
Environmental bill of rights: The Citizen Suit and the National Environmental
Policy Act of 1969.
(1970) 24 Rutgers L Rev 230.
Environmental Law: A Symposium.
19 Santa Clara L Rev 513, Summer, 1979.
The National Environmental Policy Act and the Revised CEQ Regulations: A Fate
Worse Than the
"Worst Case
Analysis?".
60 St John's L Rev 500, Spring, 1986.
McGarity, The Courts, the Agencies, and NEPA Threshold Issues.
5 Tex L Rev 801.
Murchison, Does NEPA Matter? --An Analysis of the Historical Development and
Contemporary Significance of the National Environmental Policy Act.
18 U Rich L Rev 557, Spring, l984.
Preparing an environmental lawsuit. (1972-1973)
58 Ia L Rev 277, 487.
INTERPRETIVE NOTES AND DECISIONS
1. Generally
2. Purpose
3. Construction
4. Relation to other laws
5. --Executive Order 11644
6. --Executive Order 11988
7. --Executive Order 11990
8. --Executive Order 12088
9. Right of private action
10. Injunctive relief
11. Judicial review
12. Miscellaneous
1. Generally
National Environmental Policy Act does not require specific results in
particular situations; it merely establishes
"reordering of priorities, so that environmental costs and benefits will assume
their proper place along with other considerations."
Chelsea Neighborhood Assos. v United States Postal Service (1975, CA2 NY) 516 F2d 378, 5 ELR 20373.
In determining whether planned highways through wetlands meet requirements of
Executive Order 11,990, which prohibits construction in wetlands
by federal agencies unless
"no practicable alternatives exist", all factors must be balanced in search of alternative within relevant,
existing constraints.
National Wildlife Federation v Adams (1980, CA9 Wash) 629 F2d 587, 10 ELR 20959.
City and mayor opposing funding for use of property as bus facility failed to
specifically allege how proposed use of building as bus garage would be more
detrimental to environmental interests than former steel business; complaint
framed in general boiler plate language demonstrating no specific relation to
property was not sufficient to demonstrate standing to bring claim under
National Environmental Policy Act
(42 USCS §§ 4421 et seq.).
Evanston v Regional Transp. Authority (1987, CA7 Ill) 825 F2d 1121, 17 ELR 21097,
cert den (US)
98 L Ed 2d 649, 108 S Ct 697.
NEPA does not mandate particular substantive results, but instead imposes only
procedural requirements.
Laguna Greenbelt v United States Dep't of Transp. (1994, CA9 Cal) 42 F3d 517, 94 Daily Journal DAR 18253.
Although Congress recognized merits of cooperation and foreign policy
temperance when enacting National Environmental Policy Act
(42 USCS §§ 4321 et seq.), issue of extraterritorial application was left open.
Natural Resources Defense Council, Inc. v Nuclear Regulatory Com. (1981) 208 App DC 216, 647 F2d 1345, 11 ELR 20266.
Prospect of lengthier deliberations is integral to National Environmental
Policy Act's mandate that agency decision making processes be altered so that
environmental
concerns can be identified and fully explored at earliest stages of project
planning.
Rhode Island Committee on Energy v General Services Administration (1975, DC RI) 397 F Supp 41, 5 ELR 20685.
National Environmental Policy Act of 1969 [42 USCS §§ 4321 et seq] was enacted for primary benefit of general public.
Public Service Co. v Andrus (1977, DC Colo) 433 F Supp 144, 7 ELR 20715.
Claim by challengers of housing development that federal agency had to perform
environmental review of municipality's decision to build luxury housing rather
than low-income housing is moot under National Environmental Policy Act
(42 USCS §§ 4321 et seq.), where development already is complete, because statute would have
operated only to enjoin construction while agency
considered all environmental consequences.
Strykers Bay Neighborhood Council, Inc. v New York (1988, SD NY) 695 F Supp 1531.
2. Purpose
Purpose of National Environmental Policy Act is to build environmental
considerations into agency decision process as early as possible, taking into
account overall, cumulative impact of action proposed and of further actions
contemplated, as well as of environmental consequences not fully evaluated at
outset of project or program.
Boston v Volpe (1972, CA1 Mass) 464 F2d 254, 2 ELR 20501.
NEPA
(42 USCS §§ 4321-4347) and National Historic Preservation Act
(16 USCS §§ 470-470m) cut across nearly all federal construction financing; they were designed
to assure to fullest extent possible that expenditure of federal funds would
not despoil environment or adversely affect property which has been officially
designated as historically or architecturally significant.
Ely v Velde (1974, CA4 Va) 497 F2d 252, 4 ELR 20369.
Purpose of NEPA
(42 USCS §§ 4321-4347) is to make agency consider environmental effects of its actions; impact
statement requires agency fully to disclose its evaluation, thus proving
evaluation has been made and warning interested parties of probable
environmental effects.
Louisiana v Federal Power Com. (1974, CA5) 503 F2d 844, reh den (CA5)
505 F2d 1304 and later app (CA5)
526 F2d 898,later app (CA5)
547 F2d 826,motion gr (CA5)
565 F2d 871, later proceeding (CA5)
824 F2d 417.
One of fundamental purposes of NEPA
(42 USCS §§ 4321-4347) is to require consideration of questions of general or broad
significance, such as
chemical pollution, alternative modes of transportation, and world resource
exploitation.
Swain v Brinegar (1975, CA7 Ill) 517 F2d 766, 21 FR Serv 2d 169, 5 ELR 20354, later app (CA7 Ill)
542 F2d 364, 6 ELR 20609.
Basic thrust of NEPA legislation is to provide assistance for evaluating
proposals for prospective federal action in light of their future effect upon
environmental factors, not to serve as basis for after-the-fact critical
evaluation subsequent to substantial completion of construction.
Richland Park Homeowners Asso. v Pierce (1982, CA5 Tex) 671 F2d 935, 12 ELR 20717.
NEPA
(42 USCS §§ 4321 et seq.) is procedural statute that is designed to ensure that federal
agencies consider environmental impact of their actions; impact
statement is evidence that agency considered environmental concerns.
Michigan v America (1993, CA6 Mich) 994 F2d 1197.
Purpose of National Environmental Policy Act is to tell federal agencies that
environmental protection is as much part of their responsibility as is
protection and promotion of industries which they regulate.
Calvert Cliffs' Coordinating Committee, Inc. v United States Atomic Energy Com. (1971) 146 App DC 33, 449 F2d 1109, 1 ELR 20346, 17 ALR Fed 1 (disapproved by
Vermont Yankee Nuclear Power Corp. v Natural Resources Defense Council, Inc., 435 US 519, 55 L Ed 2d 460, 98 S Ct 1197, 8 ELR 20288, on remand
222 App DC 9, 685 F2d 459, 12 ELR 20465, revd
462 US 87, 76 L Ed 2d 437, 103 S Ct 2246, 13 ELR 20544 and (disagreed with by multiple cases as stated in
National Latino Media Coalition v FCC, 259 App DC 481, 816 F2d 785)) as stated in
Advanced Micro Devices v Civil Aeronautics Bd., 239 App DC 367, 742 F2d 1520.
National Environmental Policy Act is environmental full disclosure law and
Congress by enacting it intended to make decision making of federal agencies
more responsive and more responsible for environmental concern.
Environmental Defense Fund, Inc. v Corps of Engineers of United States Army (1971, ED Ark) 325 F Supp 749, dismd (ED Ark)
342 F Supp 1211, 2 ELR 20353, affd (CA8 Ark)
470 F2d 289, 2 ELR 20740, cert den
412 US 931, 37 L Ed 2d 160, 93 S Ct 2749.
Purpose of National Environmental Policy Act as clearly expressed in
42 USCS § 4321is to commit vast resources of federal government to encourage productive and
enjoyable harmony between man and his environment, and to this end Act provides
that there are to be careful co-operative efforts among all appropriate
federal, state, and local agencies of government in order to assure that
environmental consequences are clearly perceived and evaluated.
Scherr v Volpe (1971, WD Wis) 336 F Supp 886, 2 ELR 20068, affd (CA7 Wis)
466 F2d 1027, 2 ELR 20453.
Purpose of National Environmental Policy Act is to require federal agencies to
consider environmental preservation in their respective
spheres of responsibility, and that to this end, it prescribes certain
procedural measures to insure that such consideration will in fact be given.
Getty Oil Co. (Eastern Operations) v Ruckelshaus (1972, DC Del) 342 F Supp 1006, 2 ELR 20393, remanded (CA3 Del)
467 F2d 349, 2 ELR 20683, cert den
409 US 1125, 35 L Ed 2d 256, 93 S Ct 937 and (disapproved on other grounds
Union Electric Co. v Environmental Protection Agency, 427 US 246, 49 L Ed 2d 474, 96 S Ct 2518, 6 ELR 20570, reh den
429 US 873, 50 L Ed 2d 154, 97 S Ct 189).
National Environmental Policy Act,
42 USCS §§ 4321 et seq., was enacted
by Congress to insure that federal administrative agencies will take into
account environmental consequences of their projects before they decide to
undertake them.
Sansom Committee v Lynn (1973, ED Pa) 366 F Supp 1271, later proceeding (ED Pa)
382 F Supp 1242, 5 ELR 20093, later proceeding (ED Pa)
382 F Supp 1245, later proceeding (CA3 Pa)
735 F2d 1535, later proceeding (CA3 Pa)
735 F2d 1552, cert den
469 US 1017, 83 L Ed 2d 358, 105 S Ct 431.
Primary purpose of National Environmental Policy Act,
42 USCS §§ 4321 et seq., is to consider long-range effects and examine environmental
consequences before there are
"irreversible and irretrievable commitments of resources."
Chelsea Neighborhood Assos. v United States Postal Service (1975, SD NY) 389 F Supp 1171, affd on other grounds (CA2 NY)
516 F2d 378, 5 ELR 20373.
There is no indication that Congress intended this Act to affirm or establish
policy of state control of environmental aspects of federal reclamation
projects.
United States v California (1975, ED Cal) 403 F Supp 874, 6 ELR 20120, affd (CA9 Cal)
550 F2d 1239, 7 ELR 20351, op withdrawn by order of ct, op replaced (CA9 Cal)
558 F2d 1347, 7 ELR 20801, revd on other grounds
438 US 645, 57 L Ed 2d 1018, 98 S Ct 2985, 8 ELR 20593, on remand (ED Cal) (ED Cal)
521 F Supp 491 and on remand (ED Cal)
509 F Supp 867, affd in part and revd in part on other grounds (CA9 Cal)
694 F2d 1171, 13 ELR 20429.
Purpose of National Environmental Policy Act was to declare national policy for
protection of environment and to outline measures which would further that
policy.
Ridley v Blanchette (1976, ED Pa) 421 F Supp 435, 7 ELR 20184 (disagreed with by multiple cases as stated in
Joseph v Adams (ED Mich) 9 ELR 20468, later proceeding (CA6)
13 ELR 20455).
Unequivocal intent of National Environmental Policy Act
(42 USCS §§ 4321 et seq.) is to require agencies to consider and give effect to environmental
goals set forth in Act, not just to file detailed impact
studies which will fill governmental archives and add weight to court's files.
Conservation Council of North Carolina v Froehlke (1977, MD NC) 435 F Supp 775, 7 ELR 20807, affd (CA4)
9 ELR 20105.
NEPA
(42 USCS §§ 4321 et seq.) is not intended to be used for promoting full employment or
preventing discharge or transfer of federal personnel.
Rysavy v Harris (1978, DC SD) 457 F Supp 796.
42 USCS § 4321ensures that environmental concerns are integrated into very process of agency
decisionmaking; another purpose of statute is to inform public that
environmental concerns are taken into account by agency in its decisionmaking
process.
Society Hill Towers Owners' Ass'n v Rendell (1998, ED Pa) 20 F Supp 2d 855.
3. Construction
NEPA does not apply retroactively; thus, ongoing operations of pre-NEPA project
are not subject to NEPA, unless, after NEPA became effective, they underwent
changes which themselves amount to major federal action.
Oregon Natural Resources Council v Bureau of Reclamation (1994, CA9 Or) 37 F3d 1414, 94 CDOS 7859, 94
Daily Journal DAR 14556, 25 ELR 20016.
Requirements of National Environmental Policy Act should be subject to
"construction of reasonableness".
International Harvester Co. v Ruckelshaus (1973) 155 App DC 411, 478 F2d 615, 3 ELR 20133.
Navy is
"agency" under National Environmental Policy Act
(42 USCS §§ 4321 et seq.).
Wisconsin v Weinberger (1984, WD Wis) 578 F Supp 1327, 14 ELR 20407, reconsideration gr,
motion gr, motion to vacate den, amd on other grounds (WD Wis)
582 F Supp 1489, 14 ELR 20524, revd on other grounds (CA7 Wis)
736 F2d 438, later op (CA7 Wis)
745 F2d 412, 14 ELR 20744 (disagreed with by multiple cases as stated in
Marsh v Oregon Natural Resources Council (US) 104 L Ed 2d 377, 109 S Ct 1851, 19 ELR 20749).
NEPA does not apply extraterritorially; thus, plaintiff's action for injunction
against National Science Foundation with respect to its operation of
incinerators in Antarctica will be dismissed.
Environmental Defense Fund, Inc. v Massey (1991, DC Dist Col) 21 ELR 21512, corrected (DC Dist Col)
772 F Supp 1296, 33 Envt Rep Cas (BNA) 1796.
4. Relation to other laws
Secretary of Interior must comply with NEPA when designating critical habitat
under Endangered Species Act
(16 USCS §§ 1531 et seq.).
Catron County Bd. of Comm'rs v United States Fish & Wildlife Serv. (1996, CA10 NM) 75 F3d 1429, 41 Envt Rep Cas 2057.
Section 335 of Omnibus Consolidated Rescissions and Appropriations Act (Act
Apr. 26, 1996, P.L. 104-134, 110 Stat. 1321), which provides that Forest
Service's approval of alternative site for location of telescope in Mount
Graham area of Arizona is authorized and approved, and shall be deemed to be
consistent with, and permissible under, terms of Arizona-Idaho Conservation Act
(Act Nov. 18, 1988, P.L. 100-696, 102 Stat.
4571), does not violate separation of powers.
Mount Graham Coalition v Thomas (1996, CA9 Ariz) 89 F3d 554, 96 Daily Journal DAR 9093.
Federal courts have jurisdiction over NEPA challenges pursuant to
Administrative Procedure Act
(5 USCS § 702).
Sierra Club v Slater (1997, CA6 Ohio) 120 F3d 623, 45 Envt Rep Cas 1197, 1997 FED App 234P.
Although NEPA does not contain provisions allowing right of action, party
alleging violations of NEPA can bring action under Administrative Procedure Act
challenging agency action.
ONRC Action v BLM (1998, CA9 Or) 150 F3d 1132, 98 CDOS 5841, 98 Daily Journal DAR 8125.
Continuing Appropriations Act of 1987 (Act Dec. 22,
1987, P.L. 100- 202,
§ 101(g), 101 Stat. 1329-224) did not withdraw judicial jurisdiction over all
challenges to interchange which developer was given easement to build by
National Park Service in exchange for wetland property; thus, Act did not
deprive district court of jurisdiction to hear non-NEPA challenges to
interchange design approval.
Daingerfield Island Protective Soc. v Lujan (1990, App DC) 920 F2d 32.
NRC administrative rule which increased specificity requirements for pleadings
filed by parties seeking to intervene in licensing hearings does not, when
combined with NRC's rule regarding late-filed contentions, violate Atomic
Energy Act, Administrative Procedure Act or National Environmental Policy Act.
Union of Concerned Scientists v United States Nuclear Regulatory Com. (1990, App DC) 920 F2d 50.
Adoption of regulations promulgated pursuant to authority granted by Migratory
Bird Treaty Act,
16 USCS §§ 703 et seq., which require use of steel shot in twelve gauge or larger shotguns in
hunting of ducks, geese, swans and coots in certain designated locations
beginning with problem areas in Atlantic flyway does not violate National
Environmental Policy Act,
42 USCS §§ 4321 et seq., where Secretary of Interior considered and balanced environmental
factors along with considerations mandated by Migratory Bird Act.
National Rifle Asso. v Kleppe (1976, DC Dist Col) 425 F Supp 1101, affd without op
187 App DC 240, 571 F2d 674.
Federal anti-injunction statute
(28 USCS § 2283) prohibits Federal District Court from enjoining enforcement of injunction
issued by state court under
42 USCS §§ 4321 et seq.
Board of Supervisors v Circuit Court of Dickenson County (1980, WD Va) 500 F Supp 212, 11 ELR 20146.
Electric utility which complies with National Environmental Policy Act of 1969
(42 USCS §§ 4321 et seq.) in application for electric transmission line citing permit is exempt
from provisions of state's citing act.
Kansas City Power & Light Co. v State Corp. Com. (1983) 9 Kan App 2d 49, 670 P2d 1369.
Interpretation of rules and regulations issued pursuant to Emergency Petroleum
Allocation Act,
15 USCS § 751 et seq., are not
in themselves major federal actions, since they do no more than explain and
apply rules and regulations already in existence; only underlying rules and
regulations constitute major federal action requiring environmental impact
statement under National Environmental Policy Act,
42 USCS § 4321 et seq. Diversified Chemical
& Propellants Co., 1 DOE P 80,224.
In event of conflict between Forest Service regulation requiring Service to act
on proposed mining operation plan within maximum of 90 days and regulatory
requirements of
42 USCS § 4321 and
16 USCS § 1536(2), 90-day limit must give way to more recently enacted environmental
statutes, since there was no statutory authority for 90-day limit, and, thus,
application of
42 USCS § 4321 so as to render
90-day limit inapplicable would not set aside any mandate of
Congress. Baker v Dep't. of Agriculture (1996, D Idaho) 928 F Supp 1513.
5. --Executive Order 11644
Bureau of Land Management had authority under Executive Order 11644 to close 2
roads in wilderness area to off-road vehicle use, where BLM held hearings
regarding designation of area as primitive, and where it surveyed area users
and conducted inspection tour of area, since such measures provided opportunity
for public to express itself and have its views considered.
Humboldt County v United States (1982, CA9 Nev) 684 F2d 1276, 12 ELR 21121.
Executive Order 11644, as amended by Executive Order 11989, has force and
effect of law and can be enforced under Administrative Procedure Act
(5 USCS § 706).
Conservation Law Foundation, Inc. v Clark (1984, DC Mass) 590 F Supp 1467, later proceeding (CA1 Mass)
864 F2d 954, 19 ELR 20631.
Secretary's decision to adopt management plan to regulate use of off-road
vehicles on Cape Cod National Seashore adequately complies with mandate of
Seashore Act
(16 USCS §§ 459b et seq.) and Park Service Act
(16 USCS §§ 1 et seq.) to preserve Seashore ecology and physiography; further, designation
of off-road vehicle zones in plan is respectful of requirements of Executive
Orders 11644 and 11989 that such zones be established so as not to adversely
effect Seashore's ecology.
Conservation Law Foundation, Inc. v Clark (1984, DC Mass) 590 F Supp 1467, later proceeding (CA1 Mass)
864 F2d 954, 19 ELR 20631.
6. --Executive Order 11988
Guidelines adopted by BLM to implement Executive Order No. 11,988 do not have
force and effect of law, but they merely set out BLM's internal policies and
procedures for implementing Order. No Oilport! v
Carter (1981, WD Wash) 520 F Supp 334, 12 ELR 20140.
Executive Order 11988
(42 USCS § 4321 note) entitled
"Flood Plain Management" is not judicially enforceable through private cause of action, since order
cannot be held to have force and effect of law.
Watershed Associates Rescue v Alexander (1982, DC Neb) 586 F Supp 978.
Bureau of Prisons complied with provisions of Executive Order 11988 in
connection with renovation of state hospital for use
in treatment of federal inmates, where (1) actual construction on flood plain
at facility is minimal, and no actual buildings are located on flood plain, (2)
notice was given by Bureau as to why facility is needed and why minimal
alteration to flood plain is necessary and (3) there is no showing that any of
harms Order was in intended to prevent will result from construction, and no
practicable alternative exists for location of these improvements.
Olmsted Citizens for a Better Community v United States (1985, DC Minn) 606 F Supp 964.
7. --Executive Order 11990
In determining whether planned highways through wetlands meet requirements of
Executive Order 11,990, which prohibits construction in wetlands by federal
agencies unless
"no practicable alternatives exist", all factors must be balanced in search of alternative within relevant,
existing constraints.
National Wildlife Federation v Adams (1980, CA9 Wash) 629 F2d 587, 10 ELR 20959.
Congress did not, sub silentio, render Executive Order No. 11990 void as it
pertains to buyback program
(7 USCS § 1985(e)) by not specifically codifying Farmers Home Administration's authority to
impose wetland easements.
Harris v United States (1994, CA5 Miss) 19 F3d 1090.
In connection with proposed construction of limited access highway, regional
director of Federal Highway Administration, who was delegated authority to make
wetlands finding under Executive Order 11990, did not act arbitrarily or
capriciously in determining that there was no practicable alternative to use of
wetlands for highway project and that all practicable measures to minimize harm
to wetlands were included in draft supplemental and final environmental impact
statements, where project would require construction in 4 wetlands, each less
than one acre in size, and where Administration discussed impacts to wetlands
in draft supplemental statement and made formal wetlands finding in formal
supplemental statement, and where Administration received comments on impacts
to wetlands and responded by making formal finding that committed to mitigation
measures, including provision of replacement wetland.