Notes on 42 U.S.C. § 4321 : US Code - Notes

Search Notes on 42 U.S.C. § 4321 : US Code - Notes

(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. Functions
and authority vested in Secretary of Energy subsequently
transferred to Federal Coordinator for Alaska Natural Gas
Transportation Projects by section 720d(f) of Title 15.
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 [reserved] position as defined in
3132(A) [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 programs, policies, planning and public
participation processes, enforcement, and/or rulemakings related to
human health or the environment that should be revised to, at a
minimum: (1) promote enforcement of all health and environmental
statutes in areas with minority populations and low-income
populations; (2) ensure greater public participation; (3) improve
research and data collection relating to the health of and
environment of minority populations and low-income populations; and
(4) identify differential patterns of consumption of natural
resources among minority populations and low-income populations. In
addition, the environmental justice strategy shall include, where
appropriate, a timetable for undertaking identified revisions and
consideration of economic and social implications of the revisions.
(b) Within 4 months of the date of this order, each Federal
agency shall identify an internal administrative process for
developing its environmental justice strategy, and shall inform the
Working Group of the process.
(c) Within 6 months of the date of this order, each Federal
agency shall provide the Working Group with an outline of its
proposed environmental justice strategy.
(d) Within 10 months of the date of this order, each Federal
agency shall provide the Working Group with its proposed
environmental justice strategy.
(e) By March 24, 1995, each Federal agency shall finalize its
environmental justice strategy and provide a copy and written
description of its strategy to the Working Group. From the date of
this order through March 24, 1995, each Federal agency, as part of
its environmental justice strategy, shall identify several specific
projects that can be promptly undertaken to address particular
concerns identified during the development of the proposed
environmental justice strategy, and a schedule for implementing
those projects.
(f) Within 24 months of the date of this order, each Federal
agency shall report to the Working Group on its progress in
implementing its agency-wide environmental justice strategy.
(g) Federal agencies shall provide additional periodic reports to
the Working Group as requested by the Working Group.
1-104. Reports to the President. Within 14 months of the date of
this order, the Working Group shall submit to the President,
through the Office of the Deputy Assistant to the President for
Environmental Policy and the Office of the Assistant to the
President for Domestic Policy, a report that describes the
implementation of this order, and includes the final environmental
justice strategies described in section 1-103(e) of this order.
Sec. 2-2. FEDERAL AGENCY RESPONSIBILITIES FOR FEDERAL PROGRAMS.
Each Federal agency shall conduct its programs, policies, and
activities that substantially affect human health or the
environment, in a manner that ensures that such programs, policies,
and activities do not have the effect of excluding persons
(including populations) from participation in, denying persons
(including populations) the benefits of, or subjecting persons
(including populations) to discrimination under, such programs,
policies, and activities, because of their race, color, or national
origin.
Sec. 3-3. RESEARCH, DATA COLLECTION, AND ANALYSIS.
3-301. Human Health and Environmental Research and Analysis. (a)
Environmental human health research, whenever practicable and
appropriate, shall include diverse segments of the population in
epidemiological and clinical studies, including segments at high
risk from environmental hazards, such as minority populations, low-
income populations and workers who may be exposed to substantial
environmental hazards.
(b) Environmental human health analyses, whenever practicable and
appropriate, shall identify multiple and cumulative exposures.
(c) Federal agencies shall provide minority populations and low-
income populations the opportunity to comment on the development
and design of research strategies undertaken pursuant to this
order.
3-302. Human Health and Environmental Data Collection and
Analysis. To the extent permitted by existing law, including the
Privacy Act, as amended (5 U.S.C. section 552a): (a) each Federal
agency, whenever practicable and appropriate, shall collect,
maintain, and analyze information assessing and comparing
environmental and human health risks borne by populations
identified by race, national origin, or income. To the extent
practical and appropriate, Federal agencies shall use this
information to determine whether their programs, policies, and
activities have disproportionately high and adverse human health or
environmental effects on minority populations and low-income
populations;
(b) In connection with the development and implementation of
agency strategies in section 1-103 of this order, each Federal
agency, whenever practicable and appropriate, shall collect,
maintain and analyze information on the race, national origin,
income level, and other readily accessible and appropriate
information for areas surrounding facilities or sites expected to
have a substantial environmental, human health, or economic effect
on the surrounding populations, when such facilities or sites
become the subject of a substantial Federal environmental
administrative or judicial action. Such information shall be made
available to the public, unless prohibited by law; and
(c) Each Federal agency, whenever practicable and appropriate,
shall collect, maintain, and analyze information on the race,
national origin, income level, and other readily accessible and
appropriate information for areas surrounding Federal facilities
that are: (1) subject to the reporting requirements under the
Emergency Planning and Community Right-to-Know Act, 42 U.S.C.
section 11001-11050 as mandated in Executive Order No. 12856
[former 42 U.S.C. 11001 note]; and (2) expected to have a
substantial environmental, human health, or economic effect on
surrounding populations. Such information shall be made available
to the public, unless prohibited by law.
(d) In carrying out the responsibilities in this section, each
Federal agency, whenever practicable and appropriate, shall share
information and eliminate unnecessary duplication of efforts
through the use of existing data systems and cooperative agreements
among Federal agencies and with State, local, and tribal
governments.
Sec. 4-4. SUBSISTENCE CONSUMPTION OF FISH AND WILDLIFE.
4-401. Consumption Patterns. In order to assist in identifying
the need for ensuring protection of populations with differential
patterns of subsistence consumption of fish and wildlife, Federal
agencies, whenever practicable and appropriate, shall collect,
maintain, and analyze information on the consumption patterns of
populations who principally rely on fish and/or wildlife for
subsistence. Federal agencies shall communicate to the public the
risks of those consumption patterns.
4-402. Guidance. Federal agencies, whenever practicable and
appropriate, shall work in a coordinated manner to publish guidance
reflecting the latest scientific information available concerning
methods for evaluating the human health risks associated with the
consumption of pollutant-bearing fish or wildlife. Agencies shall
consider such guidance in developing their policies and rules.
Sec. 5-5. PUBLIC PARTICIPATION AND ACCESS TO INFORMATION. (a) The
public may submit recommendations to Federal agencies relating to
the incorporation of environmental justice principles into Federal
agency programs or policies. Each Federal agency shall convey such
recommendations to the Working Group.
(b) Each Federal agency may, whenever practicable and
appropriate, translate crucial public documents, notices, and
hearings relating to human health or the environment for limited
English speaking populations.
(c) Each Federal agency shall work to ensure that public
documents, notices, and hearings relating to human health or the
environment are concise, understandable, and readily accessible to
the public.
(d) The Working Group shall hold public meetings, as appropriate,
for the purpose of fact-finding, receiving public comments, and
conducting inquiries concerning environmental justice. The Working
Group shall prepare for public review a summary of the comments and
recommendations discussed at the public meetings.
Sec. 6-6. GENERAL PROVISIONS.
6-601. Responsibility for Agency Implementation. The head of each
Federal agency shall be responsible for ensuring compliance with
this order. Each Federal agency shall conduct internal reviews and
take such other steps as may be necessary to monitor compliance
with this order.
6-602. Executive Order No. 12250. This Executive order is
intended to supplement but not supersede Executive Order No. 12250
[42 U.S.C. 2000d-1 note], which requires consistent and effective
implementation of various laws prohibiting discriminatory practices
in programs receiving Federal financial assistance. Nothing herein
shall limit the effect or mandate of Executive Order No. 12250.
6-603. Executive Order No. 12875. This Executive order is not
intended to limit the effect or mandate of Executive Order No.
12875 [former 5 U.S.C. 601 note].
6-604. Scope. For purposes of this order, Federal agency means
any agency on the Working Group, and such other agencies as may be
designated by the President, that conducts any Federal program or
activity that substantially affects human health or the
environment. Independent agencies are requested to comply with the
provisions of this order.
6-605. Petitions for Exemptions. The head of a Federal agency may
petition the President for an exemption from the requirements of
this order on the grounds that all or some of the petitioning
agency's programs or activities should not be subject to the
requirements of this order.
6-606. Native American Programs. Each Federal agency
responsibility set forth under this order shall apply equally to
Native American programs. In addition, the Department of the
Interior, in coordination with the Working Group, and, after
consultation with tribal leaders, shall coordinate steps to be
taken pursuant to this order that address Federally-recognized
Indian Tribes.
6-607. Costs. Unless otherwise provided by law, Federal agencies
shall assume the financial costs of complying with this order.
6-608. General. Federal agencies shall implement this order
consistent with, and to the extent permitted by, existing law.
6-609. Judicial Review. This order is intended only to improve
the internal management of the executive branch and is not intended
to, nor does it create any right, benefit, or trust responsibility,
substantive or procedural, enforceable at law or equity by a party
against the United States, its agencies, its officers, or any
person. This order shall not be construed to create any right to
judicial review involving the compliance or noncompliance of the
United States, its agencies, its officers, or any other person with
this order.
William J. Clinton.
EX. ORD. NO. 13045. PROTECTION OF CHILDREN FROM ENVIRONMENTAL
HEALTH RISKS AND SAFETY RISKS
Ex. Ord. No. 13045, Apr. 21, 1997, 62 F.R. 19885, as amended by
Ex. Ord. No. 13229, Oct. 9, 2001, 66 F.R. 52013; Ex. Ord. No.
13296, Apr. 18, 2003, 68 F.R. 19931, 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. Policy.
1-101. A growing body of scientific knowledge demonstrates that
children may suffer disproportionately from environmental health
risks and safety risks. These risks arise because: children's
neurological, immunological, digestive, and other bodily systems
are still developing; children eat more food, drink more fluids,
and breathe more air in proportion to their body weight than
adults; children's size and weight may diminish their protection
from standard safety features; and children's behavior patterns may
make them more susceptible to accidents because they are less able
to protect themselves. Therefore, to the extent permitted by law
and appropriate, and consistent with the agency's mission, each
Federal agency:
(a) shall make it a high priority to identify and assess
environmental health risks and safety risks that may
disproportionately affect children; and
(b) shall ensure that its policies, programs, activities, and
standards address disproportionate risks to children that result
from environmental health risks or safety risks.
1-102. Each independent regulatory agency is encouraged to
participate in the implementation of this order and comply with its
provisions.
Sec. 2. Definitions. The following definitions shall apply to
this order.
2-201. "Federal agency" means any authority of the United States
that is an agency under 44 U.S.C. 3502(1) other than those
considered to be independent regulatory agencies under 44 U.S.C.
3502(5). For purposes of this order, "military departments," as
defined in 5 U.S.C. 102, are covered under the auspices of the
Department of Defense.
2-202. "Covered regulatory action" means any substantive action
in a rulemaking, initiated after the date of this order or for
which a Notice of Proposed Rulemaking is published 1 year after the
date of this order, that is likely to result in a rule that may:
(a) be "economically significant" under Executive Order 12866 [5
U.S.C. 601 note] (a rulemaking that has an annual effect on the
economy of $100 million or more or would adversely affect in a
material way the economy, a sector of the economy, productivity,
competition, jobs, the environment, public health or safety, or
State, local, or tribal governments or communities); and
(b) concern an environmental health risk or safety risk that an
agency has reason to believe may disproportionately affect
children.
2-203. "Environmental health risks and safety risks" mean risks
to health or to safety that are attributable to products or
substances that the child is likely to come in contact with or
ingest (such as the air we breath, the food we eat, the water we
drink or use for recreation, the soil we live on, and the products
we use or are exposed to).
Sec. 3. Task Force on Environmental Health Risks and Safety Risks
to Children.
3-301. There is hereby established the Task Force on
Environmental Health Risks and Safety Risks to Children ("Task
Force").
3-302. The Task Force will report to the President in
consultation with the Domestic Policy Council, the National Science
and Technology Council, the Council on Environmental Quality, and
the Office of Management and Budget (OMB).
3-303. Membership. The Task Force shall be composed of the:
(a) Secretary of Health and Human Services, who shall serve as a
Co-Chair of the Council;
(b) Administrator of the Environmental Protection Agency, who
shall serve as a Co-Chair of the Council;
(c) Secretary of Education;
(d) Secretary of Labor;
(e) Attorney General;
(f) Secretary of Energy;
(g) Secretary of Housing and Urban Development;
(h) Secretary of Agriculture;
(i) Secretary of Transportation;
(j) Director of the Office of Management and Budget;
(k) Chair of the Council on Environmental Quality;
(l) Chair of the Consumer Product Safety Commission;
(m) Assistant to the President for Economic Policy;
(n) Assistant to the President for Domestic Policy;
(o) Director of the Office of Science and Technology Policy;
(p) Chair of the Council of Economic Advisers; and
(q) Such other officials of executive departments and agencies as
the President may, from time to time, designate.
Members of the Task Force may delegate their responsibilities
under this order to subordinates.
3-304. Functions. The Task Force shall recommend to the President
Federal strategies for children's environmental health and safety,
within the limits of the Administration's budget, to include the
following elements:
(a) statements of principles, general policy, and targeted annual
priorities to guide the Federal approach to achieving the goals of
this order;
(b) a coordinated research agenda for the Federal Government,
including steps to implement the review of research databases
described in section 4 of this order;
(c) recommendations for appropriate partnerships among Federal,
State, local, and tribal governments and the private, academic, and
nonprofit sectors;
(d) proposals to enhance public outreach and communication to
assist families in evaluating risks to children and in making
informed consumer choices;
(e) an identification of high-priority initiatives that the
Federal Government has undertaken or will undertake in advancing
protection of children's environmental health and safety; and
(f) a statement regarding the desirability of new legislation to
fulfill or promote the purposes of this order.
3-305. The Task Force shall prepare a biennial report on
research, data, or other information that would enhance our ability
to understand, analyze, and respond to environmental health risks
and safety risks to children. For purposes of this report,
executive departments, the Environmental Protection Agency, and
other agencies identified by the Task Force shall identify and
specifically describe for the Task Force key data needs related to
environmental health risks and safety risks to children that have
arisen in the course of the agency's programs and activities. Each
report shall also detail the accomplishments of the Task Force from
the date of the preceding report. The Task Force shall incorporate
agency submissions into its report and ensure that this report is
publicly available and widely disseminated. The Office of Science
and Technology Policy and the National Science and Technology
Council shall ensure that this report is fully considered in
establishing research priorities.
3-306. The Task Force shall exist for 8 years from the date of
this order.
Sec. 4. Research Coordination and Integration.
4-401. Within 6 months of the date of this order, the Task Force
shall develop or direct to be developed a review of existing and
planned data resources and a proposed plan for ensuring that
researchers and Federal research agencies have access to
information on all research conducted or funded by the Federal
Government that is related to adverse health risks in children
resulting from exposure to environmental health risks or safety
risks. The National Science and Technology Council shall review the
plan.
4-402. The plan shall promote the sharing of information on
academic and private research. It shall include recommendations to
encourage that such data, to the extent permitted by law, is
available to the public, the scientific and academic communities,
and all Federal agencies.
Sec. 5. Agency Environmental Health Risk or Safety Risk
Regulations.
5-501. For each covered regulatory action submitted to OMB's
Office of Information and Regulatory Affairs (OIRA) for review
pursuant to Executive Order 12866 [5 U.S.C. 601 note], the issuing
agency shall provide to OIRA the following information developed as
part of the agency's decisionmaking process, unless prohibited by
law:
(a) an evaluation of the environmental health or safety effects
of the planned regulation on children; and
(b) an explanation of why the planned regulation is preferable to
other potentially effective and reasonably feasible alternatives
considered by the agency.
5-502. In emergency situations, or when an agency is obligated by
law to act more quickly than normal review procedures allow, the
agency shall comply with the provisions of this section to the
extent practicable. For those covered regulatory actions that are
governed by a court-imposed or statutory deadline, the agency
shall, to the extent practicable, schedule any rulemaking
proceedings so as to permit sufficient time for completing the
analysis required by this section.
5-503. The analysis required by this section may be included as
part of any other required analysis, and shall be made part of the
administrative record for the covered regulatory action or
otherwise made available to the public, to the extent permitted by
law.
Sec. 6. Interagency Forum on Child and Family Statistics.
6-601. The Director of the OMB ("Director") shall convene an
Interagency Forum on Child and Family Statistics ("Forum"), which
will include representatives from the appropriate Federal
statistics and research agencies. The Forum shall produce a
biennial compendium ("Report") of the most important indicators of
the well-being of the Nation's children.
6-602. The Forum shall determine the indicators to be included in
each Report and identify the sources of data to be used for each
indicator. The Forum shall provide an ongoing review of Federal
collection and dissemination of data on children and families, and
shall make recommendations to improve the coverage and coordination
of data collection and to reduce duplication and overlap.
6-603. The Report shall be published by the Forum in
collaboration with the National Institute of Child Health and Human
Development. The Forum shall present the first annual Report to the
President, through the Director, by July 31, 1997. The Report shall
be published biennially thereafter, using the most recently
available data.
Sec. 7. General Provisions.
7-701. This order is intended only for internal management of the
executive branch. This order is not intended, and should not be
construed to create, any right, benefit, or trust responsibility,
substantive or procedural, enforceable at law or equity by a party
against the United States, its agencies, its officers, or its
employees. This order shall not be construed to create any right to
judicial review involving the compliance or noncompliance with this
order by the United States, its agencies, its officers, or any
other person.
7-702. Executive Order 12606 of September 2, 1987 is revoked.
7-703. Nothing in this order shall be construed to impair or
otherwise affect the functions of the Director of the Office of
Management and Budget relating to budget, administrative, or
legislative proposals.
EX. ORD. NO. 13061. FEDERAL SUPPORT OF COMMUNITY EFFORTS ALONG
AMERICAN HERITAGE RIVERS
Ex. Ord. No. 13061, Sept. 11, 1997, 62 F.R. 48445, as amended by
Ex. Ord. No. 13093, July 27, 1998, 63 F.R. 40357, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including the
National Environmental Policy Act of 1969 (Public Law 91-190) [42
U.S.C. 4321 et seq.], and in order to protect and restore rivers
and their adjacent communities, it is hereby ordered as follows:
Section 1. Policies.
(a) The American Heritage Rivers initiative has three objectives:
natural resource and environmental protection, economic
revitalization, and historic and cultural preservation.
(b) Executive agencies ("agencies"), to the extent permitted by
law and consistent with their missions and resources, shall
coordinate Federal plans, functions, programs, and resources to
preserve, protect, and restore rivers and their associated
resources important to our history, culture, and natural heritage.
(c) Agencies shall develop plans to bring increased efficiencies
to existing and authorized programs with goals that are supportive
of protection and restoration of communities along rivers.
(d) In accordance with Executive Order 12630 [5 U.S.C. 601 note],
agencies shall act with due regard for the protection of private
property provided for by the Fifth Amendment to the United States
Constitution. No new regulatory authority is created as a result of
the American Heritage Rivers initiative. This initiative will not
interfere with matters of State, local, and tribal government
jurisdiction.
(e) In furtherance of these policies, the President will
designate rivers that meet certain criteria as "American Heritage
Rivers."
(f) It is the policy of the Federal Government that communities
shall nominate rivers as American Heritage Rivers and the Federal
role will be solely to support community-based efforts to preserve,
protect, and restore these rivers and their communities.
(g) Agencies should, to the extent practicable, help identify
resources in the private and nonprofit sectors to aid
revitalization efforts.
(h) Agencies are encouraged, to the extent permitted by law, to
develop partnerships with State, local, and tribal governments and
community and nongovernmental organizations. Agencies will be
responsive to the diverse needs of different kinds of communities
from the core of our cities to remote rural areas and shall seek to
ensure that the role played by the Federal Government is
complementary to the plans and work being carried out by State,
local, and tribal governments. To the extent possible, Federal
resources will be strategically directed to complement resources
being spent by these governments.
(i) Agencies shall establish a method for field offices to assess
the success of the American Heritage River initiative and provide a
means to recommend changes that will improve the delivery and
accessibility of Federal services and programs. Agencies are
directed, where appropriate, to reduce and make more flexible
procedural requirements and paperwork related to providing
assistance to communities along designated rivers.
(j) Agencies shall commit to a policy under which they will seek
to ensure that their actions have a positive effect on the natural,
historic, economic, and cultural resources of American Heritage
River communities. The policy will require agencies to consult with
American Heritage River communities early in the planning stages of
Federal actions, take into account the communities' goals and
objectives and ensure that actions are compatible with the overall
character of these communities. Agencies shall seek to ensure that
their help for one community does not adversely affect neighboring
communities. Additionally, agencies are encouraged to develop
formal and informal partnerships to assist communities. Local
Federal facilities, to the extent permitted by law and consistent
with the agencies' missions and resources, should provide public
access, physical space, technical assistance, and other support for
American Heritage River communities.
(k) In addition to providing support to designated rivers,
agencies will work together to provide information and services to
all communities seeking support.
Sec. 2. Process for Nominating an American Heritage River.
(a) Nomination. Communities, in coordination with their State,
local, or tribal governments, can nominate their river, river
stretch, or river confluence for designation as an American
Heritage River. When several communities are involved in the
nomination of the same river, nominations will detail the
coordination among the interested communities and the role each
will play in the process. Individuals living outside the community
may not nominate a river.
(b) Selection Criteria. Nominations will be judged based on the
following:
(1) the characteristics of the natural, economic, agricultural,
scenic, historic, cultural, or recreational resources of the river
that render it distinctive or unique;
(2) the effectiveness with which the community has defined its
plan of action and the extent to which the plan addresses, either
through planned actions or past accomplishments, all three American
Heritage Rivers objectives, which are set forth in section 1(a) of
this order;
(3) the strength and diversity of community support for the
nomination as evidenced by letters from elected officials;
landowners; private citizens; businesses; and especially State,
local, and tribal governments. Broad community support is essential
to receiving the American Heritage River designation; and
(4) willingness and capability of the community to forge
partnerships and agreements to implement their plan to meet their
goals and objectives.
(c) Recommendation Process.
The Chair of the Council on Environmental Quality ("CEQ") shall
develop a fair and objective procedure to obtain the views of a
diverse group of experts for the purpose of making recommendations
to the President as to which rivers shall be designated. These
experts shall reflect a variety of viewpoints, such as those
representing natural, cultural, and historic resources; scenic,
environmental, and recreation interests; tourism, transportation,
and economic development interests; and industries such as
agriculture, hydropower, manufacturing, mining, and forest
management. The Chair of the CEQ will ensure that the rivers
recommended represent a variety of stream sizes, diverse
geographical locations, and a wide range of settings from urban to
rural and ensure that relatively pristine, successful
revitalization efforts are considered as well as degraded rivers in
need of restoration.
(d) Designation.
(1) The President will designate certain rivers as American
Heritage Rivers. Based on the receipt of a sufficient number of
qualified nominations, up to 20 rivers will be designated in the
first phase of the initiative.
(2) The Interagency Committee provided for in section 3 of this
order shall develop a process by which any community that nominates
and has its river designated may have this designation terminated
at its request.
(3) Upon a determination by the Chair of the CEQ that a community
has failed to implement its plan, the Chair may recommend to the
President that a designation be revoked. The Chair shall notify the
community at least 30 days prior to making such a recommendation to
the President. Based on that recommendation, the President may
revoke the designation.
Sec. 3. Establishment of an Interagency Committee. There is
hereby established the American Heritage Rivers Interagency
Committee ("Committee"). The Committee shall have two co-chairs.
The Chair of the CEQ shall be a permanent co-chair. The other co-
chair will rotate among the heads of the agencies listed below.
(a) The Committee shall be composed of the following members or
their designees at the Assistant Secretary level or equivalent:
(1) The Secretary of Defense;
(2) The Attorney General;
(3) The Secretary of the Interior;
(4) The Secretary of Agriculture;
(5) The Secretary of Commerce;
(6) The Secretary of Housing and Urban Development;
(7) The Secretary of Transportation;
(8) The Secretary of Energy;
(9) The Administrator of the Environmental Protection Agency;
(10) The Chair of the Advisory Council on Historic Preservation;
(11) The Chairperson of the National Endowment for the Arts; and
(12) The Chairperson of the National Endowment for the
Humanities.
The Chair of the CEQ may invite to participate in meetings of the
Committee, representatives of other agencies, as appropriate.
(b) The Committee shall:
(1) establish formal guidelines for designation as an American
Heritage River;
(2) periodically review the actions of agencies in support of the
American Heritage Rivers;
(3) report to the President on the progress, accomplishments, and
effectiveness of the American Heritage Rivers initiative; and
(4) perform other duties as directed by the Chair of the CEQ.
Sec. 4. Responsibilities of the Federal Agencies. Consistent with
Title I of the National Environmental Policy Act of 1969 [42 U.S.C.
4331 et seq.], agencies shall:
(a) identify their existing programs and plans that give them the
authority to offer assistance to communities involved in river
conservation and community health and revitalization;
(b) to the extent practicable and permitted by law and
regulation, refocus programs, grants, and technical assistance to
provide support for communities adjacent to American Heritage
Rivers;
(c) identify all technical tools, including those developed for
purposes other than river conservation, that can be applied to
river protection, restoration, and community revitalization;
(d) provide access to existing scientific data and information to
the extent permitted by law and consistent with the agencies
mission and resources;
(e) cooperate with State, local, and tribal governments and
communities with respect to their activities that take place in, or
affect the area around, an American Heritage River;
(f) commit to a policy, as set forth in section 1(j) of this
order, in making decisions affecting the quality of an American
Heritage River;
(g) select from among all the agencies a single individual called
the "River Navigator," for each river that is designated an
American Heritage River, with whom the communities can communicate
goals and needs and who will facilitate community-agency
interchange;
(h) allow public access to the river, for agencies with
facilities along American Heritage Rivers, to the extent
practicable and consistent with their mission; and
(i) cooperate, as appropriate, with communities on projects that
protect or preserve stretches of the river that are on Federal
property or adjacent to a Federal facility.
Sec. 5. Responsibilities of the Committee and the Council on
Environmental Quality. The CEQ shall serve as Executive agent for
the Committee, and the CEQ and the Committee shall ensure the
implementation of the policies and purposes of this initiative.
Sec. 6. Definition. For the purposes of this order, Executive
agency means any agency on the Committee and such other agency as
may be designated by the President.
Sec. 7. Judicial Review. This order does not create any right or
benefit, substantive or procedural, enforceable by any party
against the United States, its agencies or instrumentalities, its
officers or employees, or any other person.
William J. Clinton.
EXECUTIVE ORDER NO. 13080
Ex. Ord. No. 13080, Apr. 7, 1998, 63 F.R. 17667, as amended by
Ex. Ord. No. 13093, July 27, 1998, 63 F.R. 40357, which established
the American Heritage Rivers Initiative Advisory Committee, was
revoked by Ex. Ord. No. 13225, Sec. 3(b), Sept. 28, 2001, 66 F.R.
50292, formerly set out as a note under section 14 of the Federal
Advisory Committee Act in the Appendix to Title 5, Government
Organization and Employees.
PROC. NO. 7112. DESIGNATION OF AMERICAN HERITAGE RIVERS
Proc. No. 7112, July 30, 1998, 63 F.R. 41949, provided:
In celebration of America's rivers, and to recognize and reward
grassroots efforts to restore them, last year I announced the
American Heritage Rivers initiative. My goal was to help
communities realize their visions for their rivers by making it
easier for them to tap existing programs and resources of the
Federal Government. From across the country, hundreds of
communities answered my call for nominations, asking that their
rivers be designated American Heritage Rivers. I applaud all of the
communities that have drawn together and dedicated themselves to
the goal of healthy rivers, now and forever.
Having reviewed the recommendations of the American Heritage
Rivers Initiative Advisory Committee, I am pleased to be able to
recognize a select group of rivers and communities that reflect the
true diversity and splendor of America's natural endowment, and the
tremendous energy and commitment of its citizenry.
Pursuant to Executive Orders 13061 [set out above], 13080, and
13093 [set out above], I hereby designate the following American
Heritage Rivers:
-- The Blackstone and Woonasquatucket Rivers, in the States of
Massachusetts and Rhode Island;
-- The Connecticut River, in the States of Connecticut,
Massachusetts, New Hampshire, and Vermont;
-- The Cuyahoga River, in the State of Ohio;
-- The Detroit River, in the State of Michigan;
-- The Hanalei River, in the State of Hawaii;
-- The Hudson River, in the State of New York;
-- The Upper Mississippi River, in the States of Illinois,
Iowa, Minnesota, Missouri, and Wisconsin;
-- The Lower Mississippi River, in the States of Louisiana and
Tennessee;
-- The New River, in the States of North Carolina, Virginia,
and West Virginia;
-- The Rio Grande, in the State of Texas;
-- The Potomac River, in the District of Columbia and the
States of Maryland, Pennsylvania, Virginia, and West Virginia;
-- The St. Johns River, in the State of Florida;
-- The Upper Susquehanna and Lackawanna Rivers, in the State of
Pennsylvania;
-- The Willamette River, in the State of Oregon.
IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth
day of July, in the year of our Lord nineteen hundred and ninety-
eight, and of the Independence of the United States of America the
two hundred and twenty-third.
William J. Clinton.
EX. ORD. NO. 13112. INVASIVE SPECIES
Ex. Ord. No. 13112, Feb. 3, 1999, 64 F.R. 6183, as amended by Ex.
Ord. No. 13286, Sec. 15, Feb. 28, 2003, 68 F.R. 10623, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including the
National Environmental Policy Act of 1969, as amended (42 U.S.C.
4321 et seq.), Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990, as amended (16 U.S.C. 4701 et seq.), Lacey
Act, as amended (18 U.S.C. 42), Federal Plant Pest Act (7 U.S.C.
150aa et seq.), Federal Noxious Weed Act of 1974, as amended (7
U.S.C. 2801 et seq.), Endangered Species Act of 1973, as amended
(16 U.S.C. 1531 et seq.), and other pertinent statutes, to prevent
the introduction of invasive species and provide for their control
and to minimize the economic, ecological, and human health impacts
that invasive species cause, it is ordered as follows:
Section 1. Definitions.
(a) "Alien species" means, with respect to a particular
ecosystem, any species, including its seeds, eggs, spores, or other
biological material capable of propagating that species, that is
not native to that ecosystem.
(b) "Control" means, as appropriate, eradicating, suppressing,
reducing, or managing invasive species populations, preventing
spread of invasive species from areas where they are present, and
taking steps such as restoration of native species and habitats to
reduce the effects of invasive species and to prevent further
invasions.
(c) "Ecosystem" means the complex of a community of organisms and
its environment.
(d) "Federal agency" means an executive department or agency, but
does not include independent establishments as defined by 5 U.S.C.
104.
(e) "Introduction" means the intentional or unintentional escape,
release, dissemination, or placement of a species into an ecosystem
as a result of human activity.
(f) "Invasive species" means an alien species whose introduction
does or is likely to cause economic or environmental harm or harm
to human health.
(g) "Native species" means, with respect to a particular
ecosystem, a species that, other than as a result of an
introduction, historically occurred or currently occurs in that
ecosystem.
(h) "Species" means a group of organisms all of which have a high
degree of physical and genetic similarity, generally interbreed
only among themselves, and show persistent differences from members
of allied groups of organisms.
(i) "Stakeholders" means, but is not limited to, State, tribal,
and local government agencies, academic institutions, the
scientific community, nongovernmental entities including
environmental, agricultural, and conservation organizations, trade
groups, commercial interests, and private landowners.
(j) "United States" means the 50 States, the District of
Columbia, Puerto Rico, Guam, and all possessions, territories, and
the territorial sea of the United States.
Sec. 2. Federal Agency Duties. (a) Each Federal agency whose
actions may affect the status of invasive species shall, to the
extent practicable and permitted by law,
(1) identify such actions;
(2) subject to the availability of appropriations, and within
Administration budgetary limits, use relevant programs and
authorities to: (i) prevent the introduction of invasive species;
(ii) detect and respond rapidly to and control populations of such
species in a cost-effective and environmentally sound manner; (iii)
monitor invasive species populations accurately and reliably; (iv)
provide for restoration of native species and habitat conditions in
ecosystems that have been invaded; (v) conduct research on invasive
species and develop technologies to prevent introduction and
provide for environmentally sound control of invasive species; and
(vi) promote public education on invasive species and the means to
address them; and
(3) not authorize, fund, or carry out actions that it believes
are likely to cause or promote the introduction or spread of
invasive species in the United States or elsewhere unless, pursuant
to guidelines that it has prescribed, the agency has determined and
made public its determination that the benefits of such actions
clearly outweigh the potential harm caused by invasive species; and
that all feasible and prudent measures to minimize risk of harm
will be taken in conjunction with the actions.
(b) Federal agencies shall pursue the duties set forth in this
section in consultation with the Invasive Species Council,
consistent with the Invasive Species Management Plan and in
cooperation with stakeholders, as appropriate, and, as approved by
the Department of State, when Federal agencies are working with
international organizations and foreign nations.
Sec. 3. Invasive Species Council. (a) An Invasive Species Council
(Council) is hereby established whose members shall include the
Secretary of State, the Secretary of the Treasury, the Secretary of
Defense, the Secretary of the Interior, the Secretary of
Agriculture, the Secretary of Commerce, the Secretary of
Transportation, the Secretary of Homeland Security, and the
Administrator of the Environmental Protection Agency. The Council
shall be Co-Chaired by the Secretary of the Interior, the Secretary
of Agriculture, and the Secretary of Commerce. The Council may
invite additional Federal agency representatives to be members,
including representatives from subcabinet bureaus or offices with
significant responsibilities concerning invasive species, and may
prescribe special procedures for their participation. The Secretary
of the Interior shall, with concurrence of the Co-Chairs, appoint
an Executive Director of the Council and shall provide the staff
and administrative support for the Council.
(b) The Secretary of the Interior shall establish an advisory
committee under the Federal Advisory Committee Act, 5 U.S.C. App.,
to provide information and advice for consideration by the Council,
and shall, after consultation with other members of the Council,
appoint members of the advisory committee representing
stakeholders. Among other things, the advisory committee shall
recommend plans and actions at local, tribal, State, regional, and
ecosystem-based levels to achieve the goals and objectives of the
Management Plan in section 5 of this order. The advisory committee
shall act in cooperation with stakeholders and existing
organizations addressing invasive species. The Department of the
Interior shall provide the administrative and financial support for
the advisory committee.
Sec. 4. Duties of the Invasive Species Council. The Invasive
Species Council shall provide national leadership regarding
invasive species, and shall:
(a) oversee the implementation of this order and see that the
Federal agency activities concerning invasive species are
coordinated, complementary, cost-efficient, and effective, relying
to the extent feasible and appropriate on existing organizations
addressing invasive species, such as the Aquatic Nuisance Species
Task Force, the Federal Interagency Committee for the Management of
Noxious and Exotic Weeds, and the Committee on Environment and
Natural Resources;
(b) encourage planning and action at local, tribal, State,
regional, and ecosystem-based levels to achieve the goals and
objectives of the Management Plan in section 5 of this order, in
cooperation with stakeholders and existing organizations addressing
invasive species;
(c) develop recommendations for international cooperation in
addressing invasive species;
(d) develop, in consultation with the Council on Environmental
Quality, guidance to Federal agencies pursuant to the National
Environmental Policy Act on prevention and control of invasive
species, including the procurement, use, and maintenance of native
species as they affect invasive species;
(e) facilitate development of a coordinated network among Federal
agencies to document, evaluate, and monitor impacts from invasive
species on the economy, the environment, and human health;
(f) facilitate establishment of a coordinated, up-to-date
information-sharing system that utilizes, to the greatest extent
practicable, the Internet; this system shall facilitate access to
and exchange of information concerning invasive species, including,
but not limited to, information on distribution and abundance of
invasive species; life histories of such species and invasive
characteristics; economic, environmental, and human health impacts;
management techniques, and laws and programs for management,
research, and public education; and
(g) prepare and issue a national Invasive Species Management Plan
as set forth in section 5 of this order.
Sec. 5. Invasive Species Management Plan. (a) Within 18 months
after issuance of this order, the Council shall prepare and issue
the first edition of a National Invasive Species Management Plan
(Management Plan), which shall detail and recommend performance-
oriented goals and objectives and specific measures of success for
Federal agency efforts concerning invasive species. The Management
Plan shall recommend specific objectives and measures for carrying
out each of the Federal agency duties established in section 2(a)
of this order and shall set forth steps to be taken by the Council
to carry out the duties assigned to it under section 4 of this
order. The Management Plan shall be developed through a public
process and in consultation with Federal agencies and stakeholders.
(b) The first edition of the Management Plan shall include a
review of existing and prospective approaches and authorities for
preventing the introduction and spread of invasive species,
including those for identifying pathways by which invasive species
are introduced and for minimizing the risk of introductions via
those pathways, and shall identify research needs and recommend
measures to minimize the risk that introductions will occur. Such
recommended measures shall provide for a science-based process to
evaluate risks associated with introduction and spread of invasive
species and a coordinated and systematic risk-based process to
identify, monitor, and interdict pathways that may be involved in
the introduction of invasive species. If recommended measures are
not authorized by current law, the Council shall develop and
recommend to the President through its Co-Chairs legislative
proposals for necessary changes in authority.
(c) The Council shall update the Management Plan biennially and
shall concurrently evaluate and report on success in achieving the
goals and objectives set forth in the Management Plan. The
Management Plan shall identify the personnel, other resources, and
additional levels of coordination needed to achieve the Management
Plan's identified goals and objectives, and the Council shall
provide each edition of the Management Plan and each report on it
to the Office of Management and Budget. Within 18 months after
measures have been recommended by the Council in any edition of the
Management Plan, each Federal agency whose action is required to
implement such measures shall either take the action recommended or
shall provide the Council with an explanation of why the action is
not feasible. The Council shall assess the effectiveness of this
order no less than once each 5 years after the order is issued and
shall report to the Office of Management and Budget on whether the
order should be revised.
Sec. 6. Judicial Review and Administration. (a) This order is
intended only to improve the internal management of the executive
branch and is not intended to create any right, benefit, or trust
responsibility, substantive or procedural, enforceable at law or
equity by a party against the United States, its agencies, its
officers, or any other person.
(b) Executive Order 11987 of May 24, 1977, is hereby revoked.
(c) The requirements of this order do not affect the obligations
of Federal agencies under 16 U.S.C. 4713 with respect to ballast
water programs.
(d) The requirements of section 2(a)(3) of this order shall not
apply to any action of the Department of State or Department of
Defense if the Secretary of State or the Secretary of Defense finds
that exemption from such requirements is necessary for foreign
policy or national security reasons.
EX. ORD. NO. 13148. GREENING THE GOVERNMENT THROUGH LEADERSHIP IN
ENVIRONMENTAL MANAGEMENT
Ex. Ord. No. 13148, Apr. 21, 2000, 65 F.R. 24595, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including the
Emergency Planning and Community Right-to-Know Act of 1986 (42
U.S.C. 11001-11050) (EPCRA), the Pollution Prevention Act of 1990
(42 U.S.C. 13101-13109) (PPA), the Clean Air Act (42 U.S.C. 7401-
7671q) (CAA), and section 301 of title 3, United States Code, it
is hereby ordered as follows:
PART 1 - PREAMBLE
Section 101. Federal Environmental Leadership. The head of each
Federal agency is responsible for ensuring that all necessary
actions are taken to integrate environmental accountability into
agency day-to-day decisionmaking and long-term planning processes,
across all agency missions, activities, and functions.
Consequently, environmental management considerations must be a
fundamental and integral component of Federal Government policies,
operations, planning, and management. The head of each Federal
agency is responsible for meeting the goals and requirements of
this order.
PART 2 - GOALS
Sec. 201. Environmental Management. Through development and
implementation of environmental management systems, each agency
shall ensure that strategies are established to support
environmental leadership programs, policies, and procedures and
that agency senior level managers explicitly and actively endorse
these strategies.
Sec. 202. Environmental Compliance. Each agency shall comply with
environmental regulations by establishing and implementing
environmental compliance audit programs and policies that emphasize
pollution prevention as a means to both achieve and maintain
environmental compliance.
Sec. 203. Right-to-Know and Pollution Prevention. Through timely
planning and reporting under the EPCRA, Federal facilities shall be
leaders and responsible members of their communities by informing
the public and their workers of possible sources of pollution
resulting from facility operations. Each agency shall strive to
reduce or eliminate harm to human health and the environment from
releases of pollutants to the environment. Each agency shall
advance the national policy that, whenever feasible and cost-
effective, pollution should be prevented or reduced at the source.
Funding for regulatory compliance programs shall emphasize
pollution prevention as a means to address environmental
compliance.
Sec. 204. Release Reduction: Toxic Chemicals. Through innovative
pollution prevention, effective facility management, and sound
acquisition and procurement practices, each agency shall reduce its
reported Toxic Release Inventory (TRI) releases and off-site
transfers of toxic chemicals for treatment and disposal by 10
percent annually, or by 40 percent overall by December 31, 2006.
Sec. 205. Use Reduction: Toxic Chemicals and Hazardous Substances
and Other Pollutants. Through identification of proven substitutes
and established facility management practices, including pollution
prevention, each agency shall reduce its use of selected toxic
chemicals, hazardous substances, and pollutants, or its generation
of hazardous and radioactive waste types at its facilities by 50
percent by December 31, 2006. If an agency is unable to reduce the
use of selected chemicals, that agency will reduce the use of
selected hazardous substances or its generation of other
pollutants, such as hazardous and radioactive waste types, at its
facilities by 50 percent by December 31, 2006.
Sec. 206. Reductions in Ozone-Depleting Substances. Through
evaluating present and future uses of ozone-depleting substances
and maximizing the purchase and the use of safe, cost effective,
and environmentally preferable alternatives, each agency shall
develop a plan to phase out the procurement of Class I ozone-
depleting substances for all nonexcepted uses by December 31,
2010.
Sec. 207. Environmentally and Economically Beneficial
Landscaping. Each agency shall strive to promote the sustainable
management of Federal facility lands through the implementation of
cost-effective, environmentally sound landscaping practices, and
programs to reduce adverse impacts to the natural environment.
PART 3 - PLANNING AND ACCOUNTABILITY
Sec. 301. Annual Budget Submission. Federal agencies shall place
high priority on obtaining funding and resources needed for
implementation of the Greening the Government Executive Orders,
including funding to address findings and recommendations from
environmental management system audits or facility compliance
audits conducted under sections 401 and 402 of this order. Federal
agencies shall make such requests as required in Office of
Management and Budget (OMB) Circular A-11.
Sec. 302. Application of Life Cycle Assessment Concepts. Each
agency with facilities shall establish a pilot program to apply
life cycle assessment and environmental cost accounting principles.
To the maximum extent feasible and cost-effective, agencies shall
apply those principles elsewhere in the agency to meet the goals
and requirements of this order. Such analysis shall be considered
in the process established in the OMB Capital Programming Guide and
OMB Circular A-11. The Environmental Protection Agency (EPA), in
coordination with the Workgroup established in section 306 of this
order, shall, to the extent feasible, assist agencies in
identifying, applying, and developing tools that reflect life cycle
assessment and environmental cost accounting principles and provide
technical assistance to agencies in developing life cycle
assessments and environmental cost accounting assessments under
this Part.
Sec. 303. Pollution Prevention to Address Compliance. Each agency
shall ensure that its environmental regulatory compliance funding
policies promote the use of pollution prevention to achieve and
maintain environmental compliance at the agency's facilities.
Agencies shall adopt a policy to preferentially use pollution
prevention projects and activities to correct and prevent
noncompliance with environmental regulatory requirements. Agency
funding requests for facility compliance with Federal, State, and
local environmental regulatory requirements shall emphasize
pollution prevention through source reduction as the means of first
choice to ensure compliance, with reuse and recycling alternatives
having second priority as a means of compliance.
Sec. 304. Pollution Prevention Return-on-Investment Programs.
Each agency shall develop and implement a pollution prevention
program at its facilities that compares the life cycle costs of
treatment and/or disposal of waste and pollutant streams to the
life cycle costs of alternatives that eliminate or reduce toxic
chemicals or pollutants at the source. Each agency shall implement
those projects that are life-cycle cost-effective, or otherwise
offer substantial environmental or economic benefits.
Sec. 305. Policies, Strategies, and Plans.
(a) Within 12 months of the date of this order, each agency shall
ensure that the goals and requirements of this order are
incorporated into existing agency environmental directives,
policies, and documents affected by the requirements and goals of
this order. Where such directives and policies do not already
exist, each agency shall, within 12 months of the date of this
order, prepare and endorse a written agency environmental
management strategy to achieve the requirements and goals of this
order. Agency preparation of directives, policies, and documents
shall reflect the nature, scale, and environmental impacts of the
agency's activities, products, or services. Agencies are encouraged
to include elements of relevant agency policies or strategies
developed under this part in agency planning documents prepared
under the Government Performance and Results Act of 1993, Public
Law 103-62 [see Short Title of 1993 Amendment note set out under 31
U.S.C. 1101].
(b) By March 31, 2002, each agency shall ensure that its
facilities develop a written plan that sets forth the facility's
contribution to the goals and requirements established in this
order. The plan should reflect the size and complexity of the
facility. Where pollution prevention plans or other formal
environmental planning instruments have been prepared for agency
facilities, an agency may elect to update those plans to meet the
requirements and goals of this section.
(c) The Federal Acquisition Regulation (FAR) Council shall
develop acquisition policies and procedures for contractors to
supply agencies with all information necessary for compliance with
this order. Once the appropriate FAR clauses have been published,
agencies shall use them in all applicable contracts. In addition,
to the extent that compliance with this order is made more
difficult due to lack of information from existing contractors, or
concessioners, each agency shall take practical steps to obtain the
information needed to comply with this order from such contractors
or concessioners.
Sec. 306. Interagency Environmental Leadership Workgroup. Within
4 months of the date of this order, EPA shall convene and chair an
Interagency Environmental Leadership Workgroup (the Workgroup) with
senior-level representatives from all executive agencies and other
interested independent Government agencies affected by this order.
The Workgroup shall develop policies and guidance required by this
order and member agencies shall facilitate implementation of the
requirements of this order in their respective agencies. Workgroup
members shall coordinate with their Agency Environmental Executive
(AEE) designated under section 301(d) of Executive Order 13101 [42
U.S.C. 6961 note] and may request the assistance of their AEE in
resolving issues that may arise among members in developing
policies and guidance related to this order. If the AEEs are unable
to resolve the issues, they may request the assistance of the Chair
of the Council on Environmental Quality (CEQ).
Sec. 307. Annual Reports. Each agency shall submit an annual
progress report to the Administrator on implementation of this
order. The reports shall include a description of the progress that
the agency has made in complying with all aspects of this order,
including, but not limited to, progress in achieving the reduction
goals in sections 502, 503, and 505 of this order. Each agency may
prepare and submit the annual report in electronic format. A copy
of the report shall be submitted to the Federal Environmental
Executive (FEE) by EPA for use in the biennial Greening the
Government Report to the President prepared in accordance with
Executive Order 13101 [42 U.S.C. 6961 note]. Within 9 months of the
date of this order, EPA, in coordination with the Workgroup
established under section 306 of this order, shall prepare guidance
regarding the information and timing for the annual report. The
Workgroup shall coordinate with those agencies responsible for
Federal agency reporting guidance under the Greening the Government
Executive orders to streamline reporting requirements and reduce
agency and facility-level reporting burdens. The first annual
report shall cover calendar year 2000 activities.
PART 4 - PROMOTING ENVIRONMENTAL MANAGEMENT AND LEADERSHIP
Sec. 401. Agency and Facility Environmental Management Systems.
To attain the goals of section 201 of this order:
(a) Within 18 months of the date of this order, each agency shall
conduct an agency-level environmental management system self
assessment based on the Code of Environmental Management Principles
for Federal Agencies developed by the EPA (61 Fed. Reg. 54062)
and/or another appropriate environmental management system
framework. Each assessment shall include a review of agency
environmental leadership goals, objectives, and targets. Where
appropriate, the assessments may be conducted at the service,
bureau, or other comparable level.
(b) Within 24 months of the date of this order, each agency shall
implement environmental management systems through pilot projects
at selected agency facilities based on the Code of Environmental
Management Principles for Federal Agencies and/or another
appropriate environmental management system framework. By December
31, 2005, each agency shall implement an environmental management
system at all appropriate agency facilities based on facility size,
complexity, and the environmental aspects of facility operations.
The facility environmental management system shall include
measurable environmental goals, objectives, and targets that are
reviewed and updated annually. Once established, environmental
management system performance measures shall be incorporated in
agency facility audit protocols.
Sec. 402. Facility Compliance Audits. To attain the goals of
section 202 of this order:
(a) Within 12 months of the date of this order, each agency that
does not have an established regulatory environmental compliance
audit program shall develop and implement a program to conduct
facility environmental compliance audits and begin auditing at its
facilities within 6 months of the development of that program.
(b) An agency with an established regulatory environmental
compliance audit program may elect to conduct environmental
management system audits in lieu of regulatory environmental
compliance audits at selected facilities.
(c) Facility environmental audits shall be conducted
periodically. Each agency is encouraged to conduct audits not less
than every 3 years from the date of the initial or previous audit.
The scope and frequency of audits shall be based on facility size,
complexity, and the environmental aspects of facility operations.
As appropriate, each agency shall include tenant, contractor, and
concessioner activities in facility audits.
(d) Each agency shall conduct internal reviews and audits and
shall take such other steps, as may be necessary, to monitor its
facilities' compliance with sections 501 and 504 of this order.
(e) Each agency shall consider findings from the assessments or
audits conducted under Part 4 in program planning under section 301
of this order and in the preparation and revisions to facility
plans prepared under section 305 of this order.
(f) Upon request and to the extent practicable, the EPA shall
provide technical assistance in meeting the requirements of Part 4
by conducting environmental management reviews at Federal
facilities and developing policies and guidance for conducting
environmental compliance audits and implementing environmental
management systems at Federal facilities.
Sec. 403. Environmental Leadership and Agency Awards Programs.
(a) Within 12 months of the date of this order, the Administrator
shall establish a Federal Government environmental leadership
program to promote and recognize outstanding environmental
management performance in agencies and facilities.
(b) Each agency shall develop an internal agency-wide awards
program to reward and highlight innovative programs and individuals
showing outstanding environmental leadership in implementing this
order. In addition, based upon criteria developed by the EPA in
coordination with the Workgroup established in section 306 of this
order, Federal employees who demonstrate outstanding leadership in
implementation of this order may be considered for recognition
under the White House awards program set forth in section 803 of
Executive Order 13101 of September 14, 1998 [42 U.S.C. 6961 note].
Sec. 404. Management Leadership and Performance Evaluations.
(a) To ensure awareness of and support for the environmental
requirements of this order, each agency shall include training on
the provisions of the Greening the Government Executive orders in
standard senior level management training as well as training for
program managers, contracting personnel, procurement and
acquisition personnel, facility managers, contractors,
concessioners, and other personnel as appropriate. In coordination
with the Workgroup established under section 306 of this order, the
EPA shall prepare guidance on implementation of this section.
(b) To recognize and reinforce the responsibilities of facility
and senior headquarters program managers, regional environmental
coordinators and officers, their superiors, and, to the extent
practicable and appropriate, others vital to the implementation of
this order, each agency shall include successful implementation of
pollution prevention, community awareness, and environmental
management into its position descriptions and performance
evaluations for those positions.
Sec. 405. Compliance Assistance.
(a) Upon request and to the extent practicable, the EPA shall
provide technical advice and assistance to agencies to foster full
compliance with environmental regulations and all aspects of this
order.
(b) Within 12 months of the date of this order, the EPA shall
develop a compliance assistance center to provide technical
assistance for Federal facility compliance with environmental
regulations and all aspects of this order.
(c) To enhance landscaping options and awareness, the United
States Department of Agriculture (USDA) shall provide information
on the suitability, propagation, and the use of native plants for
landscaping to all agencies and the general public by USDA in
conjunction with the center under subsection (b) of this section.
In implementing Part 6 of this order, agencies are encouraged to
develop model demonstration programs in coordination with the USDA.
Sec. 406. Compliance Assurance.
(a) In consultation with other agencies, the EPA may conduct such
reviews and inspections as may be necessary to monitor compliance
with sections 501 and 504 of this order. Each agency is encouraged
to cooperate fully with the efforts of the EPA to ensure compliance
with those sections.
(b) Whenever the Administrator notifies an agency that it is not
in compliance with section 501 or 504 of this order, the agency
shall provide the EPA a detailed plan for achieving compliance as
promptly as practicable.
(c) The Administrator shall report annually to the President and
the public on agency compliance with the provisions of sections 501
and 504 of this order.
Sec. 407. Improving Environmental Management. To ensure that
government-wide goals for pollution prevention are advanced, each
agency is encouraged to incorporate its environmental leadership
goals into its Strategic and Annual Performance Plans required by
the Government Performance and Results Act of 1993, Public Law 103-
62 [see Short Title of 1993 Amendment note set out under 31 U.S.C.
1101], starting with performance plans accompanying the FY 2002
budget.
PART 5 - EMERGENCY PLANNING, COMMUNITY RIGHT-TO-KNOW, AND POLLUTION
PREVENTION
Sec. 501. Toxics Release Inventory/Pollution Prevention Act
Reporting. To attain the goals of section 203 of this order:
(a) Each agency shall comply with the provisions set forth in
section 313 of EPCRA [42 U.S.C. 11023], section 6607 of PPA [42
U.S.C. 13106], all implementing regulations, and future amendments
to these authorities, in light of applicable EPA guidance.
(b) Each agency shall comply with these provisions without regard
to the Standard Industrial Classification (SIC) or North American
Industrial Classification System (NAICS) delineations. Except as
described in subsection (d) of this section, all other existing
statutory or regulatory limitations or exemptions on the
application of EPCRA section 313 to specific activities at specific
agency facilities apply to the reporting requirements set forth in
subsection (a) of this section.
(c) Each agency required to report under subsection (a) of this
section shall do so using electronic reporting as provided in EPA's
EPCRA section 313 guidance.
(d) Within 12 months of the date of this order, the Administrator
shall review the impact on reporting of existing regulatory
exemptions on the application of EPCRA section 313 at Federal
facilities. Where feasible, this review shall include pilot studies
at Federal facilities. If the review indicates that application of
existing exemptions to Federal Government reporting under this
section precludes public reporting of substantial amounts of toxic
chemicals under subsection 501(a), the EPA shall prepare guidance,
in coordination with the Workgroup established under section 306 of
this order, clarifying application of the exemptions at Federal
facilities. In developing the guidance, the EPA should consider
similar application of such regulatory limitations and exemptions
by the private sector. To the extent feasible, the guidance
developed by the EPA shall be consistent with the reasonable
application of such regulatory limitations and exemptions in the
private sector. The guidance shall ensure reporting consistent with
the goal of public access to information under section 313 of EPCRA
and section 6607 of PPA. The guidance shall be submitted to the
AEEs established under section 301(d) of Executive Order 13101 [42
U.S.C. 6961 note] for review and endorsement. Each agency shall
apply any guidance to reporting at its facilities as soon as
practicable but no later than for reporting for the next calendar
year following release of the guidance.
(e) The EPA shall coordinate with other interested Federal
agencies to carry out pilot projects to collect and disseminate
information about the release and other waste management of
chemicals associated with the environmental response and
restoration at their facilities and sites. The pilot projects will
focus on releases and other waste management of chemicals
associated with environmental response and restoration at
facilities and sites where the activities generating wastes do not
otherwise meet EPCRA section 313 thresholds for manufacture,
process, or other use. Each agency is encouraged to identify
applicable facilities and voluntarily report under subsection (a)
of this section the releases and other waste management of toxic
chemicals managed during environmental response and restoration,
regardless of whether the facility otherwise would report under
subsection (a). The releases and other waste management of
chemicals associated with environmental response and restoration
voluntarily reported under this subsection will not be included in
the accounting established under sections 503(a) and (c) of this
order.
Sec. 502. Release Reduction: Toxic Chemicals. To attain the goals
of section 204 of this order:
(a) Beginning with reporting for calendar year 2001 activities,
each agency reporting under section 501 of this order shall adopt a
goal of reducing, where cost effective, the agency's total releases
of toxic chemicals to the environment and off-site transfers of
such chemicals for treatment and disposal by at least 10 percent
annually, or by 40 percent overall by December 31, 2006. Beginning
with activities for calendar year 2001, the baseline for measuring
progress in meeting the reduction goal will be the aggregate of all
such releases and off-site transfers of such chemicals for
treatment and disposal as reported by all of the agency's
facilities under section 501 of this order. The list of toxic
chemicals applicable to this goal is the EPCRA section 313 [42
U.S.C. 11023] list as of December 1, 2000. If an agency achieves
the 40 percent reduction goal prior to December 31, 2006, that
agency shall establish a new baseline and reduction goal based on
agency priorities.
(b) Where an agency is unable to pursue the reduction goal
established in subsection (a) for certain chemicals that are
mission critical and/or needed to protect human health and the
environment or where agency off-site transfer of toxic chemicals
for treatment is directly associated with environmental restoration
activities, that agency may request a waiver from the EPA for all
or part of the requirement in subsection (a) of this section. As
appropriate, waiver requests must provide: (1) an explanation of
the mission critical use of the chemical; (2) an explanation of the
nature of the need for the chemical to protect human health; (3) a
description of efforts to identify a less harmful substitute
chemical or alternative processes to reduce the release and
transfer of the chemical in question; and (4) a description of the
off-site transfers of toxic chemicals for treatment directly
associated with environmental restoration activities. The EPA shall
respond to the waiver request within 90 days and may grant such a
waiver for no longer than 2 years. An agency may resubmit a request
for waiver at the end of that period. The waiver under this section
shall not alter requirements to report under section 501 of this
order.
(c) Where a specific component (e.g., bureau, service, or
command) within an agency achieves a 75 percent reduction in its
1999 reporting year publicly reported total releases of toxic
chemicals to the environment and off-site transfers of such
chemicals for treatment and disposal, based on the 1994 baseline
established in Executive Order 12856 [former 42 U.S.C. 11001 note],
that agency may independently elect to establish a reduction goal
for that component lower than the 40 percent target established in
subsection (a) of this section. The agency shall formally notify
the Workgroup established in section 306 of this order of the
elected reduction target.
Sec. 503. Use Reduction: Toxic Chemicals, Hazardous Substances,
and Other Pollutants. To attain the goals of section 205 of this
order:
(a) Within 18 months of the date of this order, each agency with
facilities shall develop and support goals to reduce the use at
such agencies' facilities of the priority chemicals on the list
under subsection (b) of this section for identified applications
and purposes, or alternative chemicals and pollutants the agency
identifies under subsection (c) of this section, by at least 50
percent by December 31, 2006.
(b) Within 9 months of the date of this order the Administrator,
in coordination with the Workgroup established in section 306 of
this order, shall develop a list of not less than 15 priority
chemicals used by the Federal Government that may result in
significant harm to human health or the environment and that have
known, readily available, less harmful substitutes for identified
applications and purposes. In addition to identifying the
applications and purposes to which such reductions apply, the
Administrator, in coordination with the Workgroup shall identify a
usage threshold below which this section shall not apply. The
chemicals will be selected from listed EPCRA section 313 [42 U.S.C.
11023] toxic chemicals and, where appropriate, other regulated
hazardous substances or pollutants. In developing the list, the
Administrator, in coordination with the Workgroup shall consider:
(1) environmental factors including toxicity, persistence, and bio-
accumulation; (2) availability of known, less environmentally
harmful substitute chemicals that can be used in place of the
priority chemical for identified applications and purposes; (3)
availability of known, less environmentally harmful processes that
can be used in place of the priority chemical for identified
applications and purposes; (4) relative costs of alternative
chemicals or processes; and (5) potential risk and environmental
and human exposure based upon applications and uses of the
chemicals by Federal agencies and facilities. In identifying
alternatives, the Administrator should take into consideration the
guidance issued under section 503 of Executive Order 13101 [42
U.S.C. 6961 note].
(c) If an agency, which has facilities required to report under
EPCRA, uses at its facilities less than five of the priority
chemicals on the list developed in subsection (b) of this section
for the identified applications and purposes, the agency shall
develop, within 12 months of the date of this order, a list of not
less than five chemicals that may include priority chemicals under
subsection (b) of this section or other toxic chemicals, hazardous
substances, and/or other pollutants the agency uses or generates,
the release, transfer or waste management of which may result in
significant harm to human health or the environment.
(d) In lieu of requirements under subsection (a) of this section,
an agency may, upon concurrence with the Workgroup established
under section 306 of this order, develop within 12 months of the
date of this order, a list of not less than five priority hazardous
or radioactive waste types generated by its facilities. Within 18
months of the date of this order, the agency shall develop and
support goals to reduce the agency's generation of these wastes by
at least 50 percent by December 31, 2006. To the maximum extent
possible, such reductions shall be achieved by implementing source
reduction practices.
(e) The baseline for measuring reductions for purposes of
achieving the 50 percent reduction goal in subsections (a) and (d)
of this section for each agency is the first calendar year
following the development of the list of priority chemicals under
subsection (b) of this section.
(f) Each agency shall undertake pilot projects at selected
facilities to gather and make publicly available materials
accounting data related to the toxic chemicals, hazardous
substances, and/or other pollutants identified under subsections
(b), (c), or (d) of this section.
(g) Within 12 months of the date of this order, the Administrator
shall develop guidance on implementing this section in coordination
with the Workgroup. The EPA shall develop technical assistance
materials to assist agencies in meeting the 50 percent reduction
goal of this section.
(h) Where an agency can demonstrate to the Workgroup that it has
previously reduced the use of a priority chemical identified in
subsection 503(b) by 50 percent, then the agency may elect to waive
the 50 percent reduction goal for that chemical.
Sec. 504. Emergency Planning and Reporting Responsibilities. Each
agency shall comply with the provisions set forth in sections 301
through 312 of the EPCRA [42 U.S.C. 11001-11022], all implementing
regulations, and any future amendments to these authorities, in
light of any applicable guidance as provided by the EPA.
Sec. 505. Reductions in Ozone-Depleting Substances. To attain the
goals of section 206 of this order:
(a) Each agency shall ensure that its facilities: (1) maximize
the use of safe alternatives to ozone-depleting substances, as
approved by the EPA's Significant New Alternatives Policy (SNAP)
program; (2) consistent with subsection (b) of this section,
evaluate the present and future uses of ozone-depleting substances,
including making assessments of existing and future needs for such
materials, and evaluate use of, and plans for recycling,
refrigerants, and halons; and (3) exercise leadership, develop
exemplary practices, and disseminate information on successful
efforts in phasing out ozone-depleting substances.
(b) Within 12 months of the date of this order, each agency shall
develop a plan to phase out the procurement of Class I ozone-
depleting substances for all nonexcepted uses by December 31,
2010. Plans should target cost effective reduction of environmental
risk by phasing out Class I ozone depleting substance applications
as the equipment using those substances reaches its expected
service life. Exceptions to this requirement include all exceptions
found in current or future applicable law, treaty, regulation, or
Executive order.
(c) Each agency shall amend its personal property management
policies and procedures to preclude disposal of ozone depleting
substances removed or reclaimed from its facilities or equipment,
including disposal as part of a contract, trade, or donation,
without prior coordination with the Department of Defense (DoD).
Where the recovered ozone-depleting substance is a critical
requirement for DoD missions, the agency shall transfer the
materials to the DoD. The DoD will bear the costs of such transfer.
PART 6 - LANDSCAPING MANAGEMENT PRACTICES
Sec. 601. Implementation.
(a) Within 12 months from the date of this order, each agency
shall incorporate the Guidance for Presidential Memorandum on
Environmentally and Economically Beneficial Landscape Practices on
Federal Landscaped Grounds (60 Fed. Reg. 40837) developed by the
FEE into landscaping programs, policies, and practices.
(b) Within 12 months of the date of this order, the FEE shall
form a workgroup of appropriate Federal agency representatives to
review and update the guidance in subsection (a) of this section,
as appropriate.
(c) Each agency providing funding for nonfederal projects
involving landscaping projects shall furnish funding recipients
with information on environmentally and economically beneficial
landscaping practices and work with the recipients to support and
encourage application of such practices on Federally funded
projects.
Sec. 602. Technical Assistance and Outreach. The EPA, the General
Services Administration (GSA), and the USDA shall provide technical
assistance in accordance with their respective authorities on
environmentally and economically beneficial landscaping practices
to agencies and their facilities.
PART 7 - ACQUISITION AND PROCUREMENT
Sec. 701. Limiting Procurement of Toxic Chemicals, Hazardous
Substances, and Other Pollutants.
(a) Within 12 months of the date of this order, each agency shall
implement training programs to ensure that agency procurement
officials and acquisition program managers are aware of the
requirements of this order and its applicability to those
individuals.
(b) Within 24 months of the date of this order, each agency shall
determine the feasibility of implementing centralized procurement
and distribution (e.g., "pharmacy") programs at its facilities for
tracking, distribution, and management of toxic or hazardous
materials and, where appropriate, implement such programs.
(c) Under established schedules for review of standardized
documents, DoD and GSA, and other agencies, as appropriate, shall
review their standardized documents and identify opportunities to
eliminate or reduce their use of chemicals included on the list of
priority chemicals developed by the EPA under subsection 503(b) of
this order, and make revisions as appropriate.
(d) Each agency shall follow the policies and procedures for
toxic chemical release reporting in accordance with FAR section
23.9 effective as of the date of this order and policies and
procedures on Federal compliance with right-to-know laws and
pollution prevention requirements in accordance with FAR section
23.10 effective as of the date of this order.
Sec. 702. Environmentally Benign Adhesives. Within 12 months
after environmentally benign pressure sensitive adhesives for paper
products become commercially available, each agency shall revise
its specifications for paper products using adhesives and direct
the purchase of paper products using those adhesives, whenever
technically practicable and cost effective. Each agency should
consider products using the environmentally benign pressure
sensitive adhesives approved by the U.S. Postal Service (USPS) and
listed on the USPS Qualified Products List for pressure sensitive
recyclable adhesives.
Sec. 703. Ozone-Depleting Substances. Each agency shall follow
the policies and procedures for the acquisition of items that
contain, use, or are manufactured with ozone-depleting substances
in accordance with FAR section 23.8 and other applicable FAR
provisions.
Sec. 704. Environmentally and Economically Beneficial Landscaping
Practices.
(a) Within 18 months of the date of this order, each agency shall
have in place acquisition and procurement practices, including
provision of landscaping services that conform to the guidance
referred to in section 601 of this order, for the use of
environmentally and economically beneficial landscaping practices.
At a minimum, such practices shall be consistent with the policies
in the guidance referred to in section 601 of this order.
(b) In implementing landscaping policies, each agency shall
purchase environmentally preferable and recycled content products,
including EPA-designated items such as compost and mulch, that
contribute to environmentally and economically beneficial
practices.
PART 8 - EXEMPTIONS
Sec. 801. National Security Exemptions. Subject to subsection
902(c) of this order and except as otherwise required by applicable
law, in the interest of national security, the head of any agency
may request from the President an exemption from complying with the
provisions of any or all provisions of this order for particular
agency facilities, provided that the procedures set forth in
section 120(j)(1) of the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980, as amended (42 U.S.C.
9620(j)(1)), are followed, with the following exceptions: (a) an
exemption issued under this section will be for a specified period
of time that may exceed 1 year; (b) notice of any exemption granted
under this section for provisions not otherwise required by law is
only required to the Director of OMB, the Chair of the CEQ, and the
Director of the National Security Council; and (c) an exemption
under this section may be issued due to lack of appropriations,
provided that the head of the agency requesting the exemption shows
that necessary funds were requested by the agency in its budget
submission and agency plan under Executive Order 12088 of October
13, 1978 [set out as a note above], and were not contained in the
President's budget request or the Congress failed to make available
the requested appropriation. To the maximum extent practicable, and
without compromising national security, each agency shall strive to
comply with the purposes, goals, and implementation steps in this
order. Nothing in this order affects limitations on the
dissemination of classified information pursuant to law,
regulation, or Executive order.
Sec. 802. Compliance. After January 1, 2002, OMB, in consultation
with the Chair of the Workgroup established by section 306 of this
order, may modify the compliance requirements for an agency under
this order, if the agency is unable to comply with the requirements
of the order. An agency requesting modification must show that it
has made substantial good faith efforts to comply with the order.
The cost-effectiveness of implementation of the order can be a
factor in OMB's decision to modify the requirements for that
agency's compliance with the order.
PART 9 - GENERAL PROVISIONS
Sec. 901. Revocation. Executive Order 12843 of April 21, 1993
[former 42 U.S.C. 7671l note], Executive Order 12856 of August 3,
1993 [former 42 U.S.C. 11001 note], the Executive Memorandum on
Environmentally Beneficial Landscaping of April 26, 1994 [not
classified to the Code], Executive Order 12969 of August 8, 1995
[former 41 U.S.C. 401 note], and section 1-4. "Pollution Control
Plan" of Executive Order 12088 of October 13, 1978 [set out as a
note above], are revoked.
Sec. 902. Limitations.
(a) This order is intended only to improve the internal
management of the executive branch and is not intended to create
any right, benefit, or trust responsibility, substantive or
procedural, enforceable at law by a party against the United
States, its agencies, its officers, or any other person.
(b) This order applies to Federal facilities in any State of the
United States, the District of Columbia, the Commonwealth of Puerto
Rico, Guam, American Samoa, the United States Virgin Islands, the
Northern Mariana Islands, and any other territory or possession
over which the United States has jurisdiction. Each agency with
facilities outside of these areas, however, is encouraged to make
best efforts to comply with the goals of this order for those
facilities.
(c) Nothing in this order alters the obligations under EPCRA,
PPA, and CAA independent of this order for Government-owned,
contractor-operated facilities and Government corporations owning
or operating facilities or subjects such facilities to EPCRA, PPA,
or CAA if they are otherwise excluded. However, each agency shall
include the releases and other waste management of chemicals for
all such facilities to meet the agency's reporting responsibilities
under section 501 of this order.
(d) Nothing in this order shall be construed to make the
provisions of CAA sections [sic] 304 [42 U.S.C. 7604] and EPCRA
sections 325 and 326 [42 U.S.C. 11045, 11046] applicable to any
agency or facility, except to the extent that an agency or facility
would independently be subject to such provisions.
Sec. 903. Community Outreach. Each agency is encouraged to
establish a process for local community advice and outreach for its
facilities relevant to aspects of this and other related Greening
the Government Executive orders. All strategies and plans developed
under this order shall be made available to the public upon
request.
PART 10 - DEFINITIONS
For purposes of this order:
Sec. 1001. General. Terms that are not defined in this part but
that are defined in Executive Orders 13101 [42 U.S.C. 6961 note]
and 13123 [42 U.S.C. 8251 note] have the meaning given in those
Executive orders. For the purposes of Part 5 of this order all
definitions in EPCRA and PPA and implementing regulations at 40 CFR
Parts 370 and 372 apply.
Sec. 1002. "Administrator" means the Administrator of the EPA.
Sec. 1003. "Environmental cost accounting" means the modification
of cost attribution systems and financial analysis practices
specifically to directly track environmental costs that are
traditionally hidden in overhead accounts to the responsible
products, processes, facilities or activities.
Sec. 1004. "Facility" means any building, installation,
structure, land, and other property owned or operated by, or
constructed or manufactured and leased to, the Federal Government,
where the Federal Government is formally accountable for compliance
under environmental regulation (e.g., permits, reports/records
and/or planning requirements) with requirements pertaining to
discharge, emission, release, spill, or management of any waste,
contaminant, hazardous chemical, or pollutant. This term includes a
group of facilities at a single location managed as an integrated
operation, as well as government owned contractor operated
facilities.
Sec. 1005. "Environmentally benign pressure sensitive adhesives"
means adhesives for stamps, labels, and other paper products that
can be easily treated and removed during the paper recycling
process.
Sec. 1006. "Ozone-depleting substance" means any substance
designated as a Class I or Class II substance by EPA in 40 CFR Part
82.
Sec. 1007. "Pollution prevention" means "source reduction," as
defined in the PPA, and other practices that reduce or eliminate
the creation of pollutants through: (a) increased efficiency in the
use of raw materials, energy, water, or other resources; or (b)
protection of natural resources by conservation.
Sec. 1008. "Greening the Government Executive orders" means this
order and the series of orders on greening the government including
Executive Order 13101 of September 14, 1998 [42 U.S.C. 6961 note],
Executive Order 13123 of June 3, 1999 [42 U.S.C. 8251 note],
Executive Order 13134 of August 12, 1999 [7 U.S.C. 7624 note], and
other future orders as appropriate.
Sec. 1009. "Environmental aspects" means the elements of an
organization's activities, products, or services that can interact
with the environment.
William J. Clinton.