Notes on 42 U.S.C. § 4332 : US Code - Notes

Search Notes on 42 U.S.C. § 4332 : US Code - Notes

(Pub. L. 91-190, title I, Sec. 102, Jan. 1, 1970, 83 Stat. 853;
Pub. L. 94-83, Aug. 9, 1975, 89 Stat. 424.)
AMENDMENTS
1975 - Subpars. (D) to (I). Pub. L. 94-83 added subpar. (D) and
redesignated former subpars. (D) to (H) as (E) to (I),
respectively.
CERTAIN COMMERCIAL SPACE LAUNCH ACTIVITIES
Pub. L. 104-88, title IV, Sec. 401, Dec. 29, 1995, 109 Stat. 955,
provided that: "The licensing of a launch vehicle or launch site
operator (including any amendment, extension, or renewal of the
license) under chapter 701 of title 49, United States Code, shall
not be considered a major Federal action for purposes of section
102(C) of the National Environmental Policy Act of 1969 (42 U.S.C.
4332(C)) if -
"(1) the Department of the Army has issued a permit for the
activity; and
"(2) the Army Corps of Engineers has found that the activity
has no significant impact."
EX. ORD. NO. 13352. FACILITATION OF COOPERATIVE CONSERVATION
Ex. Ord. No. 13352, Aug. 26, 2004, 69 F.R. 52989, 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. Purpose. The purpose of this order is to ensure that
the Departments of the Interior, Agriculture, Commerce, and Defense
and the Environmental Protection Agency implement laws relating to
the environment and natural resources in a manner that promotes
cooperative conservation, with an emphasis on appropriate inclusion
of local participation in Federal decisionmaking, in accordance
with their respective agency missions, policies, and regulations.
Sec. 2. Definition. As used in this order, the term "cooperative
conservation" means actions that relate to use, enhancement, and
enjoyment of natural resources, protection of the environment, or
both, and that involve collaborative activity among Federal, State,
local, and tribal governments, private for-profit and nonprofit
institutions, other nongovernmental entities and individuals.
Sec. 3. Federal Activities. To carry out the purpose of this
order, the Secretaries of the Interior, Agriculture, Commerce, and
Defense and the Administrator of the Environmental Protection
Agency shall, to the extent permitted by law and subject to the
availability of appropriations and in coordination with each other
as appropriate:
(a) carry out the programs, projects, and activities of the
agency that they respectively head that implement laws relating to
the environment and natural resources in a manner that:
(i) facilitates cooperative conservation;
(ii) takes appropriate account of and respects the interests of
persons with ownership or other legally recognized interests in
land and other natural resources;
(iii) properly accommodates local participation in Federal
decisionmaking; and
(iv) provides that the programs, projects, and activities are
consistent with protecting public health and safety;
(b) report annually to the Chairman of the Council on
Environmental Quality on actions taken to implement this order; and
(c) provide funding to the Office of Environmental Quality
Management Fund (42 U.S.C. 4375) for the Conference for which
section 4 of this order provides.
Sec. 4. White House Conference on Cooperative Conservation. The
Chairman of the Council on Environmental Quality shall, to the
extent permitted by law and subject to the availability of
appropriations:
(a) convene not later than 1 year after the date of this order,
and thereafter at such times as the Chairman deems appropriate, a
White House Conference on Cooperative Conservation (Conference) to
facilitate the exchange of information and advice relating to (i)
cooperative conservation and (ii) means for achievement of the
purpose of this order; and
(b) ensure that the Conference obtains information in a manner
that seeks from Conference participants their individual advice and
does not involve collective judgment or consensus advice or
deliberation.
Sec. 5. General Provision. This order is not intended to, and
does not, create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against the United
States, its departments, agencies, instrumentalities or entities,
its officers, employees or agents, or any other person.
George W. Bush.
(!1) So in original. The period probably should be a semicolon.