42 USCc 4332

Q:\COMP\ENMISC\NEPA69

NATIONAL ENVIRONMENTAL POLICY ACT OF 1969

1
December 31, 2000

Q:\COMP\ENMISC\NEPA69

December 31, 2000

Q:\COMP\ENMISC\NEPA69

NATIONAL ENVIRONMENTAL POLICY ACT OF 1969
(Public Law 91–190)
[As Amended Through Dec. 31, 2000]
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’’.
[42 U.S.C. 4321 note]
PURPOSE

SEC. 2. 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 or man; to enrich the understanding of the ecological systems and natural resources important
to the Nation; and to establish a Council on Environmental Quality.
[42 U.S.C. 4321]

TITLE I
DECLARATION OF NATIONAL ENVIRONMENTAL POLICY

SEC. 101. (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 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
3
December 31, 2000

Q:\COMP\ENMISC\NEPA69
Sec. 102

NATIONAL ENVIRONMENTAL POLICY ACT OF 1969

4

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 esthetically and culturally pleasing surroundings;
(3) attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other
undersirable 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.
[42 U.S.C. 4331]

SEC. 102. 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 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.
December 31, 2000

Q:\COMP\ENMISC\NEPA69
5

NATIONAL ENVIRONMENTAL POLICY ACT OF 1969

Sec. 102

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:
(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
December 31, 2000

Q:\COMP\ENMISC\NEPA69
Sec. 103

NATIONAL ENVIRONMENTAL POLICY ACT OF 1969

6

(I) assist the Council on Environmental Quality established by title II of this Act.
[42 U.S.C. 4332]

SEC. 103. 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.
[42 U.S.C. 4333]

SEC. 104. Nothing in section 102 or 103 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.
[42 U.S.C. 4334]

SEC. 105. The policies and goals set forth in this Act are supplementary to those set forth in existing authorizations of Federal
agencies.
[42 U.S.C. 4335]

TITLE II
COUNCIL ON ENVIRONMENTAL QUALITY

SEC. 201. 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, and 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.
[42 U.S.C. 4341]
December 31, 2000

Q:\COMP\ENMISC\NEPA69
7

NATIONAL ENVIRONMENTAL POLICY ACT OF 1969

Sec. 204

SEC. 202. 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, esthetic, 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.
[42 U.S.C. 4342]

SEC. 203. (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 3679(b) of the Revised Statutes (31
U.S.C. 665(b)), the Council may accept and employ voluntary and
uncompensated services in furtherance of the purposes of the Council.
[42 U.S.C. 4343]

SEC. 204. 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;
(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 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;
December 31, 2000

Q:\COMP\ENMISC\NEPA69
Sec. 205

NATIONAL ENVIRONMENTAL POLICY ACT OF 1969

8

(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 repect to matters of policy and legislation as the President may request.
[42 U.S.C. 4344]

SEC. 205. In exercising its power, functions, and duties under
this Act, the Council shall—
(1) consult with the Citizen’s Advisory Committee on Environmental Quality established by Executive Order numbered
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.
[42 U.S.C. 4345]

SEC. 206. 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 U.S.C. 5313).
The other members of the Council shall be compensated at the rate
provided for Level IV of the Executive Schedule Pay Rates (5
U.S.C. 5315).
[42 U.S.C. 4346]
ACCEPTANCE OF TRAVEL REIMBURSEMENT

SEC. 207. 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.
[42 U.S.C. 4346a]
EXPENDITURES FOR INTERNATIONAL TRAVEL

SEC. 208. The Council may make expenditures in support of its
international activities, including expenditures for: (1) international travel; (2) activities in implementation of international
December 31, 2000

Q:\COMP\ENMISC\NEPA69
9

NATIONAL ENVIRONMENTAL POLICY ACT OF 1969

Sec. 209

agreements; and (3) the support of international exchange programs in the United States and in foreign countries.
[42 U.S.C. 4346b]

SEC. 209. There are authorized to be appropriated to carry out
the provisions of this Act not to exceed $300,000 for fiscal year
1970, $700,000 for fiscal year 1971, and $1,000,000 for each fiscal
year thereafter.
[42 U.S.C. 4347]

December 31, 2000