National Environmental Policy Act of 1969

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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. 9483, 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
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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, 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
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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 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
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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 long-term
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
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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.
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
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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 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
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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 and trends in the quality
of the environment both current and prospective, to
analyze and interpret such information for the
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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
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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
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].
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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. 91- 224, 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 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 91-190, except that he may employ
no more than ten specialists and other experts
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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 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;
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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.
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(d) $480,000 for each of the fiscal years ending
September 30, 1985 and 1986.
42 USC § 4375.
(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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