§ 4321. — Congressional declaration of purpose.
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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 42USC4321]
TITLE 42--THE PUBLIC HEALTH AND WELFARE
CHAPTER 55--NATIONAL ENVIRONMENTAL POLICY
Sec. 4321. Congressional declaration of purpose
The purposes of this chapter 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.
(Pub. L. 91-190, Sec. 2, Jan. 1, 1970, 83 Stat. 852.)
Short Title
Section 1 Pub. L. 91-190 provided: ``That this Act [enacting this
chapter] may be cited as the `National Environmental Policy Act of
1969'.''
Transfer of Functions
Enforcement functions of Secretary or other official in Department
of the Interior related to compliance with system activities requiring
coordination and approval under this chapter, 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 this chapter with respect to pre-
construction, construction, and initial operation of transportation
system for Canadian and Alaskan natural gas transferred to Federal
Inspector, Office of Federal Inspector for Alaska Natural Gas
Transportation System, until first anniversary of date of initial
operation of Alaska Natural Gas Transportation System, see Reorg. Plan
No. 1 of 1979, Secs. 102(e), (f), 203(a), 44 F.R. 33663, 33666, 93 Stat.
1373, 1376, effective July 1, 1979, set out in the Appendix to Title 5,
Government Organization and Employees. Office of Federal Inspector for
the Alaska Natural Gas Transportation System abolished and functions and
authority vested in Inspector transferred to Secretary of Energy by
section 3012(b) of Pub. L. 102-486, set out as an Abolition of Office of
Federal Inspector note under section 719e of Title 15, Commerce and
Trade.
Emergency Preparedness Functions
For assignment of certain emergency preparedness functions to
Administrator of Environmental Protection Agency, see Parts 1, 2, and 16
of Ex. Ord. No. 12656, Nov. 18, 1988, 53 F.R. 47491, set out as a note
under section 5195 of this title.
Necessity of Military Low-Level Flight Training To Protect National
Security and Enhance Military Readiness
Pub. L. 106-398, Sec. 1 [[div. A], title III, Sec. 317], Oct. 30,
2000, 114 Stat. 1654, 1654A-57, provided that: ``Nothing in the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or the
regulations implementing such law shall require the Secretary of Defense
or the Secretary of a military department to prepare a programmatic,
nation-wide environmental impact statement for low-level flight training
as a precondition to the use by the Armed Forces of an airspace for the
performance of low-level training flights.''
Pollution Prosecution
Pub. L. 101-593, title II, Nov. 16, 1990, 104 Stat. 2962, provided
that:
``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 [Nov. 16, 1990], 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
[probably should be ``this title''], 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.''
REORGANIZATION PLAN NO. 3 OF 1970
Eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. 2086, as amended Pub.
L. 98-80, Sec. 2(a)(2), (b)(2), (c)(2)(C), Aug. 23, 1983, 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.
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. [As amended
Pub. L. 98-80, Sec. 2(a)(2), (b)(2), (c)(2)(C), Aug. 23, 1983, 97 Stat.
485, 486.]
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 U.S.C. 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 [21 U.S.C. 301 et
seq.], and the Public Health Service Act, as amended [42 U.S.C. 201 et
seq.].
(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 U.S.C.
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 U.S.C. 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
radio-active 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. 135-135k) [7 U.S.C. 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); 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 (33 U.S.C. [former] 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. [former] 466f) [see 33 U.S.C. 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 (33 U.S.C. [former] 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) [42 U.S.C. 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 (33 U.S.C. [former] 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.
Message of the President
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.
Richard Nixon.
The White House, July 9, 1970.
Message of the President
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 anti-
pollution 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 studied 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.
Richard Nixon.
The White House, July 9, 1970.
Ex. Ord. No. 11472. Cabinet Committee on the Environment and Citizens'
Advisory Committee on Environmental Quality
Ex. Ord. No. 11472, May 29, 1969, 34 F.R. 8693, as amended by Ex.
Ord. No. 11514, Mar. 5, 1970, 35 F.R. 4247; Ex. Ord. No. 12007, Aug. 22,
1977, 42 F.R. 42839, provided:
By virtue of the authority vested in me as President of the United
States, it is ordered as follows:
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 [now the 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) [this chapter] 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 U.S.C. 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) [this chapter] 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--Citizens' Advisory Committee on Environmental Quality
[Revoked. Ex. Ord. No. 12007, Aug. 22, 1977, 42 F.R. 42839.]
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 was terminated and its
functions transferred to the Domestic Council, see section 2(b) of Ex.
Ord. No. 11541, eff. July 1, 1970, 35 F.R. 10737, set out as a note
under section 501 of Title 31, Money and Finance.
The Domestic Council was abolished by Reorg. Plan No. 1 of 1977,
Sec. 3, 42 F.R. 56101, 91 Stat. 1633, set out in the Appendix to Title
5, Government Organization and Employees, effective on or before Apr. 1,
1978, at such time as specified by the President. Section 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.
Termination of Citizens' Advisory Committee on Environmental Quality
For provisions relating to termination of Citizens' Advisory
Committee on Environmental Quality see Ex. Ord. No. 12007, Aug. 22,
1977, 42 F.R. 42839, set out as a note under section 14 of the Federal
Advisory Committee Act in the Appendix to Title 5, Government
Organization and Employees.
Ex. Ord. No. 11514. Protection and Enhancement of Environmental Quality
Ex. Ord. No. 11514, Mar. 5, 1970, 35 F.R. 4247, as amended by Ex.
Ord. No. 11991, May 24, 1977, 42 F.R. 26967, provided:
By virtue of the authority vested in me as President of the United
States and in furtherance of the purpose and policy of the National
Environmental Policy Act of 1969 (Public Law No. 91-190, approved
January 1, 1970) [this chapter], it is ordered as follows:
Section 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 U.S.C. 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. 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, 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.
(f) Proceed, in coordination with other agencies, with actions
required by section 102 of the Act [42 U.S.C. 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 [this chapter], and Section 309 of the
Clean Air Act, as amended [42 U.S.C. 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.
(j) Assist the President in preparing the annual Environmental
Quality Report provided for in section 201 of the Act [42 U.S.C. 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, 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:
``(g) The Chairman of the Council on Environmental Quality
(established by Public Law 91-190) [this chapter] shall assist the
President in directing the affairs of the Cabinet Committee.''
(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) [this chapter]''.
(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''.
Ex. Ord. No. 11523. National Industrial Pollution Control Council
Ex. Ord. No. 11523, eff. Apr. 9, 1970, 35 F.R. 5993, provided:
By virtue of the authority vested in me as President of the United
States, and in furtherance of the purpose and policy of the National
Environmental Policy Act of 1969 (Public Law 91-190, approved January 1,
1970) [this chapter], it is ordered as follows:
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) [see 5 U.S.C. 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.
Richard Nixon.
Executive Order No. 11643
Ex. Ord. No. 11643, eff. Feb. 8, 1972, 37 F.R. 2875, as amended by
Ex. Ord. No. 11870, eff. July 18, 1975, 40 F.R. 30611; Ex. Ord. No.
11917, eff. May 28, 1976, 41 F.R. 22239, which related to environmental
safeguards on activities for animal damage control on Federal lands, was
revoked by Ex. Ord. No. 12342, Jan. 27, 1982, 47 F.R. 4223.
Ex. Ord. No. 11644. Use of Off-Road Vehicles on Public Lands
Ex. Ord. No. 11644, Feb. 8, 1972, 37 F.R. 2877, as amended by Ex.
Ord. No. 11989, May 24, 1977, 42 F.R. 26959; Ex. Ord. No. 12608, Sept.
9, 1987, 52 F.R. 34617, provided:
An estimated 5 million off-road recreational vehicles--motorcycles,
minibikes, trail bikes, snowmobiles, dunebuggies, all-terrain vehicles,
and others--are in use in the United States today, and their popularity
continues to increase rapidly. The widespread use of such vehicles on
the public lands--often for legitimate purposes but also in frequent
conflict with wise land and resource management practices, environmental
values, and other types of recreational activity--has demonstrated the
need for a unified Federal policy toward the use of such vehicles on the
public lands.
NOW, THEREFORE, by virtue of the authority vested in me as President
of the United States by the Constitution of the United States and in
furtherance of the purpose and policy of the National Environmental
Policy Act of 1969 (42 U.S.C. 4321), it is hereby ordered as follows:
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 trails 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 on 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 are 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 designation 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.
Executive Order No. 11987
Ex. Ord. No. 11987, May 24, 1977, 42 F.R. 26949, which directed
executive agencies, and encouraged States, local governments, and
private citizens, to restrict the introduction of exotic species into
the natural ecosystems on lands and waters under their control, and
which directed executive agencies to restrict the exportation of native
species for introduction of such species into ecosystems outside the
United States where they do not naturally occur, unless such
introduction or exportation was found not to have an adverse effect on
natural ecosystems, was revoked by Ex. Ord. No. 13112, Sec. 6(b), Feb.
3, 1999, 64 F.R. 6186, set out below.
Ex. Ord. No. 11988. Floodplain Management
Ex. Ord. No. 11988, May 24, 1977, 42 F.R. 26951, as amended by Ex.
Ord. No. 12148, July 20, 1979, 44 F.R. 43239, provided:
By virtue of the authority vested in me by the Constitution and
statutes of the United States of America, and as President of the United
States of America, in furtherance of the National Environmental Policy
Act of 1969, as amended (42 U.S.C. 4321 et seq.), the National Flood
Insurance Act of 1968, as amended (42 U.S.C. 4001 et seq.), and the
Flood Disaster Protection Act of 1973 (Public Law 93-234, 87 Stat. 975)
[see Short Title of 1973 Amendment note set out under 42 U.S.C. 4001],
in order to avoid to the extent possible the long and short term adverse
impacts associated with the occupancy and modification of floodplains
and to avoid direct or indirect support of floodplain development
wherever there is a practicable alternative, it is hereby ordered as
follows:
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 [42
U.S.C. 4332(2)(C)]. 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
[set out above], 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 U.S.C. 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), 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 U.S.C. 4321].
Jimmy Carter.
Ex. Ord. No. 11990. Protection of Wetlands
Ex. Ord. No. 11990, May 24, 1977, 42 F.R. 26961, as amended by Ex.
Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided:
By virtue of the authority vested in me by the Constitution and
statutes of the United States of America, and as President of the United
States of America, in furtherance of the National Environmental Policy
Act of 1969, as amended (42 U.S.C. 4321 et seq.), in order to avoid to
the extent possible the long and short term adverse impacts associated
with the destruction or modification of wetlands and to avoid direct or
indirect support of new construction in wetlands wherever there is a
practicable alternative, it is hereby ordered as follows:
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
[set out above], 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 U.S.C. 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. 5145 and 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 U.S.C. 4321 et
seq.].
Ex. Ord. No. 12088. Federal Compliance With Pollution Control Standards
Ex. Ord. No. 12088, Oct. 13, 1978, 43 F.R. 47707, as amended by Ex.
Ord. No. 12580, Jan. 23, 1987, 52 F.R. 2928; Ex. Ord. No. 13148,
Sec. 901, Apr. 21, 2000, 65 F.R. 24604, provided:
By the authority vested in me as President by the Constitution and
statutes of the United States of America, including Section 22 of the
Toxic Substances Control Act (15 U.S.C. 2621), Section 313 of the
Federal Water Pollution Control Act, as amended (33 U.S.C. 1323),
Section 1447 of the Public Health Service Act, as amended by the Safe
Drinking Water Act [now Safe Drinking Water Act of 1974] (42 U.S.C.
300j-6), Section 118 of the Clean Air Act, as amended (42 U.S.C.
7418(b)), Section 4 of the Noise Control Act of 1972 (42 U.S.C. 4903),
Section 6001 of the Solid Waste Disposal Act, as amended (42 U.S.C.
6961), and Section 301 of Title 3 of the United States Code, and to
ensure Federal compliance with applicable pollution control standards,
it is hereby ordered as follows:
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. 2601 et 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 [now Safe Drinking Water Act of 1974] (42 U.S.C. 300f et 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); 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) [16 U.S.C. 1431 et seq., 1447 et seq.; 33 U.S.C. 1401 et seq.,
2801 et seq.].
(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 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. Pollution Control Plan
[Revoked by Ex. Ord. No. 13148, Sec. 901, Apr. 21, 2000, 65 F.R.
24604.]
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 statues 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 statues 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.
Ex. Ord. No. 12114. Environmental Effects Abroad of Major Federal
Actions
Ex. Ord. No. 12114, Jan. 4, 1979, 44 F.R. 1957, provided:
By virtue of the authority vested in me by the Constitution and the
laws of the United States, and as President of the United States, in
order to further environmental objectives consistent with the foreign
policy and national security policy of the United States, it is ordered
as follows:
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 U.S.C. 4321 et
seq.] and the Marine Protection Research and Sanctuaries Act [16 U.S.C.
1431 et seq. and 33 U.S.C. 1401 et seq.] and the Deepwater Port Act [33
U.S.C. 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, with respect to the environment
outside the United States, its territories and possessions.
Section 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 [or more]
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 U.S.C. 4321 et seq.] and other
environmental laws, including the Marine Protection Research and
Sanctuaries Act [16 U.S.C. 1431 et seq. and 33 U.S.C. 1401 et seq.], and
the Deepwater Port Act [33 U.S.C. 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 [42 U.S.C. 2011 et seq.], as amended, 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.
Section 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.
Jimmy Carter.
Executive Order No. 12194
Ex. Ord. No. 12194, Feb. 21, 1980, 45 F.R. 12209, which established
the Radiation Policy Council and provided for its membership, functions,
etc., was revoked by Ex. Ord. No. 12379, Sec. 23, Aug. 17, 1982, 47 F.R.
36100, set out as a note under section 14 of the Federal Advisory
Committee Act in the Appendix to Title 5, Government Organization and
Employees.
Executive Order No. 12737
Ex. Ord. No. 12737, Dec. 12, 1990, 55 F.R. 51681, which established
President's Commission on Environmental Quality and provided for its
functions and administration, was revoked by Ex. Ord. No. 12852,
Sec. 4(c), June 29, 1993, 58 F.R. 35841, formerly set out below.
Ex. Ord. No. 12761. Establishment of President's Environment and
Conservation Challenge Awards
Ex. Ord. No. 12761, May 21, 1991, 56 F.R. 23645, provided:
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 U.S.C. 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.
George Bush.
Executive Order No. 12852
Ex. Ord. No. 12852, June 29, 1993, 58 F.R. 35841, as amended by Ex.
Ord. No. 12855, July 19, 1993, 58 F.R. 39107; Ex. Ord. No. 12965, June
27, 1995, 60 F.R. 34087; Ex. Ord. No. 12980, Nov. 17, 1995, 60 F.R.
57819; Ex. Ord. No. 13053, June 30, 1997, 62 F.R. 39945 [35945]; Ex.
Ord. No. 13114, Feb. 25, 1999, 64 F.R. 10099, which established the
President's Council on Sustainable Development, was revoked by Ex. Ord.
No. 13138, Sec. 3(f), Sept. 30, 1999, 64 F.R. 53880, formerly set out as
a note under section 14 of the Appendix to Title 5, Government
Organization and Employees.
Ex. Ord. No. 12898. Federal Actions To Address Environmental Justice in
Minority Populations and Low-Income Populations
Ex. Ord. No. 12898, Feb. 11, 1994, 59 F.R. 7629, as amended by Ex.
Ord. No. 12948, Jan. 30, 1995, 60 F.R. 6381, provided:
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 p