*** 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