Public Law 91-190, National Environmental Policy Act of 1969

NEPA of 1969

The National Environmental Policy Act of 1969, as amended
(Pub. L. 91-190, 42 U.S.C. 4321-4347, January 1, 1970, as amended by Pub.
L. 94-52, July 3, 1975, Pub. L. 94-83, August 9, 1975, and Pub. L. 97-258, § 4
(b), Sept. 13, 1982)
An Act to establish a national policy for the environment, to provide for the
establishment of a Council on Environmental Quality, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That this Act may be cited as the
"National Environmental Policy Act of 1969."
Purpose
Sec. 2 [42 USC § 4321].
The purposes of this Act are: To declare a national policy which will
encourage productive and enjoyable harmony between man and his
environment; to promote efforts which will prevent or eliminate damage to the
environment and biosphere and stimulate the health and welfare of man; to
enrich the understanding of the ecological systems and natural resources
important to the Nation; and to establish a Council on Environmental Quality.

TITLE I
CONGRESSIONAL DECLARATION OF NATIONAL
ENVIRONMENTAL POLICY
Sec. 101 [42 USC § 4331].
(a) The Congress, recognizing the profound impact of man's activity on the
interrelations of all components of the natural environment, particularly the
profound influences of population growth, high-density urbanization, industrial
expansion, resource exploitation, and new and expanding technological
advances and recognizing further the critical importance of restoring and
maintaining environmental quality to the overall welfare and development of
man, declares that it is the continuing policy of the Federal Government, in
cooperation with State and local governments, and other concerned public
and private organizations, to use all practicable means and measures,
including financial and technical assistance, in a manner calculated to foster
and promote the general welfare, to create and maintain conditions under
which man and nature can exist in productive harmony, and fulfill the social,
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economic, and other requirements of present and future generations of
Americans.
(b) In order to carry out the policy set forth in this Act, it is the continuing
responsibility of the Federal Government to use all practicable means,
consistent with other essential considerations of national policy, to improve
and coordinate Federal plans, functions, programs, and resources to the end
that the Nation may --

1. fulfill the responsibilities of each generation as trustee of the
environment for succeeding generations;

2. assure for all Americans safe, healthful, productive, and aesthetically
and culturally pleasing surroundings;

3. attain the widest range of beneficial uses of the environment without
degradation, risk to health or safety, or other undesirable and
unintended consequences;

4. preserve important historic, cultural, and natural aspects of our
national heritage, and maintain, wherever possible, an environment
which supports diversity, and variety of individual choice;

5. achieve a balance between population and resource use which will
permit high standards of living and a wide sharing of life's amenities;
and

6. enhance the quality of renewable resources and approach the
maximum attainable recycling of depletable resources.
(c) The Congress recognizes that each person should enjoy a healthful
environment and that each person has a responsibility to contribute to the
preservation and enhancement of the environment.

Sec. 102 [42 USC § 4332].
The Congress authorizes and directs that, to the fullest extent possible: (1)
the policies, regulations, and public laws of the United States shall be
interpreted and administered in accordance with the policies set forth in this
Act, and (2) all agencies of the Federal Government shall -(A) utilize a systematic, interdisciplinary approach which will insure the
integrated use of the natural and social sciences and the

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environmental design arts in planning and in decisionmaking which
may have an impact on man's environment;
(B) identify and develop methods and procedures, in consultation with
the Council on Environmental Quality established by title II of this Act,
which will insure that presently unquantified environmental amenities
and values may be given appropriate consideration in decisionmaking
along with economic and technical considerations;
(C) include in every recommendation or report on proposals for
legislation and other major Federal actions significantly affecting the
quality of the human environment, a detailed statement by the
responsible official on -(i) the environmental impact of the proposed action,
(ii) any adverse environmental effects which cannot be avoided
should the proposal be implemented,
(iii) alternatives to the proposed action,
(iv) the relationship between local short-term uses of man's
environment and the maintenance and enhancement of longterm productivity, and
(v) any irreversible and irretrievable commitments of resources
which would be involved in the proposed action should it be
implemented.
Prior to making any detailed statement, the responsible Federal official
shall consult with and obtain the comments of any Federal agency
which has jurisdiction by law or special expertise with respect to any
environmental impact involved. Copies of such statement and the
comments and views of the appropriate Federal, State, and local
agencies, which are authorized to develop and enforce environmental
standards, shall be made available to the President, the Council on
Environmental Quality and to the public as provided by section 552 of
title 5, United States Code, and shall accompany the proposal through
the existing agency review processes;
(D) Any detailed statement required under subparagraph (C) after
January 1, 1970, for any major Federal action funded under a program
of grants to States shall not be deemed to be legally insufficient solely
by reason of having been prepared by a State agency or official, if:

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(i) the State agency or official has statewide jurisdiction and has
the responsibility for such action,
(ii) the responsible Federal official furnishes guidance and
participates in such preparation,
(iii) the responsible Federal official independently evaluates
such statement prior to its approval and adoption, and
(iv) after January 1, 1976, the responsible Federal official
provides early notification to, and solicits the views of, any other
State or any Federal land management entity of any action or
any alternative thereto which may have significant impacts upon
such State or affected Federal land management entity and, if
there is any disagreement on such impacts, prepares a written
assessment of such impacts and views for incorporation into
such detailed statement.
The procedures in this subparagraph shall not relieve the Federal
official of his responsibilities for the scope, objectivity, and content of
the entire statement or of any other responsibility under this Act; and
further, this subparagraph does not affect the legal sufficiency of
statements prepared by State agencies with less than statewide
jurisdiction.
(E) study, develop, and describe appropriate alternatives to
recommended courses of action in any proposal which involves
unresolved conflicts concerning alternative uses of available resources;
(F) recognize the worldwide and long-range character of environmental
problems and, where consistent with the foreign policy of the United
States, lend appropriate support to initiatives, resolutions, and
programs designed to maximize international cooperation in
anticipating and preventing a decline in the quality of mankind's world
environment;
(G) make available to States, counties, municipalities, institutions, and
individuals, advice and information useful in restoring, maintaining, and
enhancing the quality of the environment;
(H) initiate and utilize ecological information in the planning and
development of resource-oriented projects; and
(I) assist the Council on Environmental Quality established by title II of
this Act.
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Sec. 103 [42 USC § 4333].
All agencies of the Federal Government shall review their present statutory
authority, administrative regulations, and current policies and procedures for
the purpose of determining whether there are any deficiencies or
inconsistencies therein which prohibit full compliance with the purposes and
provisions of this Act and shall propose to the President not later than July 1,
1971, such measures as may be necessary to bring their authority and
policies into conformity with the intent, purposes, and procedures set forth in
this Act.
Sec. 104 [42 USC § 4334].
Nothing in section 102 [42 USC § 4332] or 103 [42 USC § 4333] shall in any
way affect the specific statutory obligations of any Federal agency (1) to
comply with criteria or standards of environmental quality, (2) to coordinate or
consult with any other Federal or State agency, or (3) to act, or refrain from
acting contingent upon the recommendations or certification of any other
Federal or State agency.
Sec. 105 [42 USC § 4335].
The policies and goals set forth in this Act are supplementary to those set
forth in existing authorizations of Federal agencies.

TITLE II
COUNCIL ON ENVIRONMENTAL QUALITY
Sec. 201 [42 USC § 4341].
The President shall transmit to the Congress annually beginning July 1, 1970,
an Environmental Quality Report (hereinafter referred to as the "report") which
shall set forth (1) the status and condition of the major natural, manmade, or
altered environmental classes of the Nation, including, but not limited to, the
air, the aquatic, including marine, estuarine, and fresh water, and the
terrestrial environment, including, but not limited to, the forest, dryland,
wetland, range, urban, suburban an rural environment; (2) current and
foreseeable trends in the quality, management and utilization of such
environments and the effects of those trends on the social, economic, and
other requirements of the Nation; (3) the adequacy of available natural
resources for fulfilling human and economic requirements of the Nation in the
light of expected population pressures; (4) a review of the programs and
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activities (including regulatory activities) of the Federal Government, the State
and local governments, and nongovernmental entities or individuals with
particular reference to their effect on the environment and on the
conservation, development and utilization of natural resources; and (5) a
program for remedying the deficiencies of existing programs and activities,
together with recommendations for legislation.
Sec. 202 [42 USC § 4342].
There is created in the Executive Office of the President a Council on
Environmental Quality (hereinafter referred to as the "Council"). The Council
shall be composed of three members who shall be appointed by the President
to serve at his pleasure, by and with the advice and consent of the Senate.
The President shall designate one of the members of the Council to serve as
Chairman. Each member shall be a person who, as a result of his training,
experience, and attainments, is exceptionally well qualified to analyze and
interpret environmental trends and information of all kinds; to appraise
programs and activities of the Federal Government in the light of the policy
set forth in title I of this Act; to be conscious of and responsive to the
scientific, economic, social, aesthetic, and cultural needs and interests of the
Nation; and to formulate and recommend national policies to promote the
improvement of the quality of the environment.
Sec. 203 [42 USC § 4343].
(a) The Council may employ such officers and employees as may be
necessary to carry out its functions under this Act. In addition, the Council
may employ and fix the compensation of such experts and consultants as
may be necessary for the carrying out of its functions under this Act, in
accordance with section 3109 of title 5, United States Code (but without
regard to the last sentence thereof).
(b) Notwithstanding section 1342 of Title 31, the Council may accept and
employ voluntary and uncompensated services in furtherance of the purposes
of the Council.
Sec. 204 [42 USC § 4344].
It shall be the duty and function of the Council --

1. to assist and advise the President in the preparation of the
Environmental Quality Report required by section 201 [42 USC § 4341]
of this title;

2. to gather timely and authoritative information concerning the conditions
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and trends in the quality of the environment both current and
prospective, to analyze and interpret such information for the purpose
of determining whether such conditions and trends are interfering, or
are likely to interfere, with the achievement of the policy set forth in title
I of this Act, and to compile and submit to the President studies
relating to such conditions and trends;

3. to review and appraise the various programs and activities of the
Federal Government in the light of the policy set forth in title I of this
Act for the purpose of determining the extent to which such programs
and activities are contributing to the achievement of such policy, and to
make recommendations to the President with respect thereto;

4. to develop and recommend to the President national policies to foster
and promote the improvement of environmental quality to meet the
conservation, social, economic, health, and other requirements and
goals of the Nation;

5. to conduct investigations, studies, surveys, research, and analyses
relating to ecological systems and environmental quality;

6. to document and define changes in the natural environment, including
the plant and animal systems, and to accumulate necessary data and
other information for a continuing analysis of these changes or trends
and an interpretation of their underlying causes;

7. to report at least once each year to the President on the state and
condition of the environment; and

8. to make and furnish such studies, reports thereon, and
recommendations with respect to matters of policy and legislation as
the President may request.
Sec. 205 [42 USC § 4345].
In exercising its powers, functions, and duties under this Act, the Council shall
--

1. consult with the Citizens' Advisory Committee on Environmental
Quality established by Executive Order No. 11472, dated May 29,
1969, and with such representatives of science, industry, agriculture,
labor, conservation organizations, State and local governments and
other groups, as it deems advisable; and

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2. utilize, to the fullest extent possible, the services, facilities and
information (including statistical information) of public and private
agencies and organizations, and individuals, in order that duplication of
effort and expense may be avoided, thus assuring that the Council's
activities will not unnecessarily overlap or conflict with similar activities
authorized by law and performed by established agencies.
Sec. 206 [42 USC § 4346].
Members of the Council shall serve full time and the Chairman of the Council
shall be compensated at the rate provided for Level II of the Executive
Schedule Pay Rates [5 USC § 5313]. The other members of the Council shall
be compensated at the rate provided for Level IV of the Executive Schedule
Pay Rates [5 USC § 5315].
Sec. 207 [42 USC § 4346a].
The Council may accept reimbursements from any private nonprofit
organization or from any department, agency, or instrumentality of the Federal
Government, any State, or local government, for the reasonable travel
expenses incurred by an officer or employee of the Council in connection with
his attendance at any conference, seminar, or similar meeting conducted for
the benefit of the Council.
Sec. 208 [42 USC § 4346b].
The Council may make expenditures in support of its international activities,
including expenditures for: (1) international travel; (2) activities in
implementation of international agreements; and (3) the support of
international exchange programs in the United States and in foreign countries.
Sec. 209 [42 USC § 4347].
There are authorized to be appropriated to carry out the provisions of this
chapter not to exceed $300,000 for fiscal year 1970, $700,000 for fiscal year
1971, and $1,000,000 for each fiscal year thereafter.
The Environmental Quality Improvement Act, as amended (Pub. L. No. 91224, Title II, April 3, 1970; Pub. L. No. 97-258, September 13, 1982; and Pub.
L. No. 98-581, October 30, 1984.
42 USC § 4372.
(a) There is established in the Executive Office of the President an

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office to be known as the Office of Environmental Quality (hereafter in
this chapter referred to as the "Office"). The Chairman of the Council
on Environmental Quality established by Public Law 91-190 shall be
the Director of the Office. There shall be in the Office a Deputy Director
who shall be appointed by the President, by and with the advice and
consent of the Senate.
(b) The compensation of the Deputy Director shall be fixed by the
President at a rate not in excess of the annual rate of compensation
payable to the Deputy Director of the Office of Management and
Budget.
(c) The Director is authorized to employ such officers and employees
(including experts and consultants) as may be necessary to enable the
Office to carry out its functions ;under this chapter and Public Law 91190, except that he may employ no more than ten specialists and other
experts without regard to the provisions of Title 5, governing
appointments in the competitive service, and pay such specialists and
experts without regard to the provisions of chapter 51 and subchapter
III of chapter 53 of such title relating to classification and General
Schedule pay rates, but no such specialist or expert shall be paid at a
rate in excess of the maximum rate for GS-18 of the General Schedule
under section 5332 of Title 5.
(d) In carrying out his functions the Director shall assist and advise the
President on policies and programs of the Federal Government
affecting environmental quality by --

1. providing the professional and administrative staff and support
for the Council on Environmental Quality established by Public
Law 91- 190;

2. assisting the Federal agencies and departments in appraising
the effectiveness of existing and proposed facilities, programs,
policies, and activities of the Federal Government, and those
specific major projects designated by the President which do
not require individual project authorization by Congress, which
affect environmental quality;

3. reviewing the adequacy of existing systems for monitoring and
predicting environmental changes in order to achieve effective
coverage and efficient use of research facilities and other
resources;

4. promoting the advancement of scientific knowledge of the
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effects of actions and technology on the environment and
encouraging the development of the means to prevent or
reduce adverse effects that endanger the health and well-being
of man;

5. assisting in coordinating among the Federal departments and
agencies those programs and activities which affect, protect,
and improve environmental quality;

6. assisting the Federal departments and agencies in the
development and interrelationship of environmental quality
criteria and standards established throughout the Federal
Government;

7. collecting, collating, analyzing, and interpreting data and
information on environmental quality, ecological research, and
evaluation.
(e) The Director is authorized to contract with public or private
agencies, institutions, and organizations and with individuals without
regard to section 3324(a) and (b) of Title 31 and section 5 of Title 41 in
carrying out his functions.
42 USC § 4373. Each Environmental Quality Report required by Public Law
91-190 shall, upon transmittal to Congress, be referred to each standing
committee having jurisdiction over any part of the subject matter of the Report.
42 USC § 4374. There are hereby authorized to be appropriated for the
operations of the Office of Environmental Quality and the Council on
Environmental Quality not to exceed the following sums for the following fiscal
years which sums are in addition to those contained in Public Law 91- 190:
(a) $2,126,000 for the fiscal year ending September 30, 1979.
(b) $3,000,000 for the fiscal years ending September 30, 1980, and
September 30, 1981.
(c) $44,000 for the fiscal years ending September 30, 1982, 1983, and
1984.
(d) $480,000 for each of the fiscal years ending September 30, 1985
and 1986.
42 USC § 4375.

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(a) There is established an Office of Environmental Quality
Management Fund (hereinafter referred to as the "Fund") to receive
advance payments from other agencies or accounts that may be used
solely to finance --

1. study contracts that are jointly sponsored by the Office and one
or more other Federal agencies; and

2. Federal interagency environmental projects (including task
forces) in which the Office participates.
(b) Any study contract or project that is to be financed under
subsection (a) of this section may be initiated only with the approval of
the Director.
(c) The Director shall promulgate regulations setting forth policies and
procedures for operation of the Fund.

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