42 USC Ch. 55 National Environmental Policy

42 USC Ch. 55: NATIONAL ENVIRONMENTAL POLICY
From Title 42—THE PUBLIC HEALTH AND WELFARE

CHAPTER 55—NATIONAL ENVIRONMENTAL POLICY
Sec.

4321.
Congressional declaration of purpose.

SUBCHAPTER I—POLICIES AND GOALS
4331.
Congressional declaration of national environmental policy.
4332.
Cooperation of agencies; reports; availability of information; recommendations; international and
national coordination of efforts.
4332a.
Repealed.
4333.
Conformity of administrative procedures to national environmental policy.
4334.
Other statutory obligations of agencies.
4335.
Efforts supplemental to existing authorizations.

SUBCHAPTER II—COUNCIL ON ENVIRONMENTAL QUALITY
4341.
Omitted.
4342.
Establishment; membership; Chairman; appointments.
4343.
Employment of personnel, experts and consultants.
4344.
Duties and functions.
4345.
Consultation with Citizens' Advisory Committee on Environmental Quality and other
representatives.
4346.
Tenure and compensation of members.
4346a.
Travel reimbursement by private organizations and Federal, State, and local governments.
4346b.
Expenditures in support of international activities.
4347.
Authorization of appropriations.

SUBCHAPTER III—MISCELLANEOUS PROVISIONS
4361, 4361a. Repealed.

4361b.
Implementation by Administrator of Environmental Protection Agency of recommendations of
"CHESS" Investigative Report; waiver; inclusion of status of implementation requirements in
annual revisions of plan for research, development, and demonstration.
4361c.
Staff management.
4362.
Interagency cooperation on prevention of environmental cancer and heart and lung disease.
4362a.
Membership of Task Force on Environmental Cancer and Heart and Lung Disease.
4363.
Continuing and long-term environmental research and development.
4363a.
Pollution control technologies demonstrations.
4364.
Expenditure of funds for research and development related to regulatory program activities.
4365.
Science Advisory Board.
4366.
Identification and coordination of research, development, and demonstration activities.
4366a.
Omitted.
4367.
Reporting requirements of financial interests of officers and employees of Environmental
Protection Agency.
4368.
Grants to qualified citizens groups.
4368a.
Utilization of talents of older Americans in projects of pollution prevention, abatement, and control.
4368b.
General assistance program.
4369.
Miscellaneous reports.
4369a.
Reports on environmental research and development activities of Agency.
4370.
Reimbursement for use of facilities.
4370a.
Assistant Administrators of Environmental Protection Agency; appointment; duties.
4370b.
Availability of fees and charges to carry out Agency programs.
4370c.
Environmental Protection Agency fees.
4370d.
Percentage of Federal funding for organizations owned by socially and economically
disadvantaged individuals.
4370e.
Working capital fund in Treasury.
4370f.
Availability of funds after expiration of period for liquidating obligations.
4370g.

Availability of funds for uniforms and certain services.
4370h.
Availability of funds for facilities.

SUBCHAPTER IV—FEDERAL PERMITTING IMPROVEMENT
4370m.
Definitions.
4370m–1.
Federal Permitting Improvement Council.
4370m–2.
Permitting process improvement.
4370m–3.
Interstate compacts.
4370m–4.
Coordination of required reviews.
4370m–5.
Delegated State permitting programs.
4370m–6.
Litigation, judicial review, and savings provision.
4370m–7.
Reports.
4370m–8.
Funding for governance, oversight, and processing of environmental reviews and permits.
4370m–9.
Application.
4370m–10.
GAO report.
4370m–11.
Savings provision.
4370m–12.
Sunset.

§4321. Congressional declaration of purpose
The purposes of this chapter 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.
(Pub. L. 91–190, §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,
§§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.
ENVIRONMENTAL PROTECTION AGENCY HEADQUARTERS
Pub. L. 112–237, §2, Dec. 28, 2012, 126 Stat. 1628, provided that:
"(a) Redesignation.—The Environmental Protection Agency Headquarters located at 1200
Pennsylvania Avenue N.W. in Washington, D.C., known as the Ariel Rios Building, shall be
known and redesignated as the 'William Jefferson Clinton Federal Building'.
"(b) References.—Any reference in a law, map, regulation, document, paper, or other record
of the United States to the Environmental Protection Agency Headquarters referred to in
subsection (a) shall be deemed to be a reference to the 'William Jefferson Clinton Federal
Building'."
MODIFICATION OR REPLACEMENT OF EXECUTIVE ORDER NO. 13423
Pub. L. 111–117, div. C, title VII, §742(b), Dec. 16, 2009, 123 Stat. 3216, provided that:
"Hereafter, the President may modify or replace Executive Order No. 13423 [formerly set out
below] if the President determines that a revised or new executive order will achieve equal or
better environmental or energy efficiency results."
[Pursuant to section 742(b) of Pub. L. 111–117, set out above, Ex. Ord. No. 13423 was
replaced by Ex. Ord. No. 13693, Mar. 19, 2015, 80 F.R. 15871, set out below.]
Pub. L. 111–8, div. D, title VII, §748, Mar. 11, 2009, 123 Stat. 693, which provided that Ex.
Ord. No. 13423 (formerly set out below) would remain in effect on and after Mar. 11, 2009,
except as otherwise provided by law after Mar. 11, 2009, was repealed by Pub. L. 111–117, div.
C, title VII, §742(a), Dec. 16, 2009, 123 Stat. 3216.
NECESSITY OF MILITARY LOW-LEVEL FLIGHT TRAINING TO PROTECT NATIONAL SECURITY AND ENHANCE
MILITARY READINESS
Pub. L. 106–398, §1 [[div. A], title III, §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, §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,
§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 [see 54 U.S.C. 200101], 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, §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, 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.
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, §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; Ex. Ord. No. 13690, §2, Jan. 30, 2015, 80 F.R. 6425, 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, to the extent permitted by law:
(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)]. To
determine whether the action is located in a floodplain, the agency shall use one of the
approaches in Section 6(c) of this Order based on the best-available information and the
Federal Emergency Management Agency's effective Flood Insurance Rate Map.
(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. Where possible, an agency shall use natural
systems, ecosystem processes, and nature-based approaches when developing alternatives for
consideration. 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

Administrator 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. The regulations and procedures must also be consistent
with the Federal Flood Risk Management Standard (FFRMS). They shall deviate only to the
extent that the standards of the Flood Insurance Program and FFRMS 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 elevation of the floodplain as
defined in Section 6(c) of this Order 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 102, 202, and 205 of
the Flood Disaster Protection Act of 1973, as amended (42 U.S.C. 4012a, 4106, and 4128),
agencies which guarantee, approve, regulate, or insure any financial transaction which is
related to an area located in an area subject to the base flood shall, prior to completing action
on such transaction, inform any private parties participating in the transaction of the hazards of
locating structures in the area subject to the base flood.
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. The floodplain shall be
established using one of the following approaches:
(1) Unless an exception is made under paragraph (2), the floodplain shall be:
(i) the elevation and flood hazard area that result from using a climate-informed science
approach that uses the best-available, actionable hydrologic and hydraulic data and methods
that integrate current and future changes in flooding based on climate science. This approach
will also include an emphasis on whether the action is a critical action as one of the factors to be
considered when conducting the analysis;
(ii) the elevation and flood hazard area that result from using the freeboard value, reached by
adding an additional 2 feet to the base flood elevation for non-critical actions and by adding an
additional 3 feet to the base flood elevation for critical actions;
(iii) the area subject to flooding by the 0.2 percent annual chance flood; or
(iv) the elevation and flood hazard area that result from using any other method identified in
an update to the FFRMS.
(2) The head of an agency may except an agency action from paragraph (1) where it is in the
interest of national security, where the agency action is an emergency action, where application
to a Federal facility or structure is demonstrably inappropriate, or where the agency action is a
mission-critical requirement related to a national security interest or an emergency action. When
an agency action is excepted from paragraph (1) because it is in the interest of national security,
it is an emergency action, or it is a mission-critical requirement related to a national security
interest or an emergency action, the agency head shall rely on the area of land subject to the
base flood.
(d) The term "critical action" shall mean any activity for which even a slight chance of flooding
would be too great.
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
403 and 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988
(42 U.S.C. 5170b and 5192).
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].
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, §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, §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,
§23, Aug. 17, 1982, 47 F.R. 36100, 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.
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, §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, §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 factfinding, 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 courtimposed 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 [now the Eunice Kennedy Shriver 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, §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, §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 ecosystembased 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.
EXTENSION OF TERM OF INVASIVE SPECIES ADVISORY COMMITTEE
Term of Invasive Species Advisory Committee extended until Sept. 30, 2017, by Ex. Ord. No.
13708, Sept. 30, 2015, 80 F.R. 60271, 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. 13148
Ex. Ord. No. 13148, Apr. 21, 2000, 65 F.R. 24595, which directed Federal agencies to
establish strategies that supported environmental leadership programs, policies, and
procedures and to implement environmental compliance audit programs and policies that
emphasized pollution prevention, was revoked by Ex. Ord. No. 13423, §11(a)(iv), Jan. 24, 2007,
72 F.R. 3923, formerly set out below.
EXECUTIVE ORDER NO. 13423

Ex. Ord. No. 13423, Jan. 24, 2007, 72 F.R. 3919, which set out various goals and duties for
Federal Agencies to conduct their environmental, transportation, and energy-related activities
under the law in support of their respective missions in an environmentally, economically and
fiscally sound, integrated, continuously improving, efficient, and sustainable manner, was
revoked by Ex. Ord. No. 13693, §16(a), Mar. 19, 2015, 80 F.R. 15880, set out below.
EXECUTIVE ORDER NO. 13514
Ex. Ord. No. 13514, Oct. 5, 2009, 74 F.R. 52117, which related to environmental
sustainability in the Federal Government, was revoked by Ex. Ord. No. 13693, §16(b), Mar. 19,
2015, 80 F.R. 15880, set out below.
EX. ORD. NO. 13653. PREPARING THE UNITED STATES FOR THE IMPACTS OF CLIMATE CHANGE
Ex. Ord. No. 13653, Nov. 1, 2013, 78 F.R. 66819, as amended by Ex. Ord. No. 13683, §2,
Dec. 11, 2014, 79 F.R. 75041; Ex. Ord. No. 13693, §16(f), Mar. 19, 2015, 80 F.R. 15881,
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 prepare the Nation for the impacts of climate change by
undertaking actions to enhance climate preparedness and resilience, it is hereby ordered as
follows:
Section 1. Policy. The impacts of climate change—including an increase in prolonged periods
of excessively high temperatures, more heavy downpours, an increase in wildfires, more severe
droughts, permafrost thawing, ocean acidification, and sea-level rise—are already affecting
communities, natural resources, ecosystems, economies, and public health across the Nation.
These impacts are often most significant for communities that already face economic or healthrelated challenges, and for species and habitats that are already facing other pressures.
Managing these risks requires deliberate preparation, close cooperation, and coordinated
planning by the Federal Government, as well as by stakeholders, to facilitate Federal, State,
local, tribal, private-sector, and nonprofit-sector efforts to improve climate preparedness and
resilience; help safeguard our economy, infrastructure, environment, and natural resources; and
provide for the continuity of executive department and agency (agency) operations, services,
and programs.
A foundation for coordinated action on climate change preparedness and resilience across
the Federal Government was established by [former] Executive Order 13514 of October 5, 2009
(Federal Leadership in Environmental, Energy, and Economic Performance), and the
Interagency Climate Change Adaptation Task Force led by the Council on Environmental
Quality (CEQ), the Office of Science and Technology Policy (OSTP), and the National Oceanic
and Atmospheric Administration (NOAA). In addition, through the U.S. Global Change Research
Program (USGCRP), established by section 103 of the Global Change Research Act of 1990
(15 U.S.C. 2933), and agency programs and activities, the Federal Government will continue to
support scientific research, observational capabilities, and assessments necessary to improve
our understanding of and response to climate change and its impacts on the Nation.
The Federal Government must build on recent progress and pursue new strategies to
improve the Nation's preparedness and resilience. In doing so, agencies should promote: (1)
engaged and strong partnerships and information sharing at all levels of government; (2) riskinformed decisionmaking and the tools to facilitate it; (3) adaptive learning, in which experiences
serve as opportunities to inform and adjust future actions; and (4) preparedness planning.
Sec. 2. Modernizing Federal Programs to Support Climate Resilient Investment. (a) To
support the efforts of regions, States, local communities, and tribes, all agencies, consistent with

their missions and in coordination with the Council on Climate Preparedness and Resilience
(Council) established in section 6 of this order, shall:
(i) identify and seek to remove or reform barriers that discourage investments or other actions
to increase the Nation's resilience to climate change while ensuring continued protection of
public health and the environment;
(ii) reform policies and Federal funding programs that may, perhaps unintentionally, increase
the vulnerability of natural or built systems, economic sectors, natural resources, or
communities to climate change related risks;
(iii) identify opportunities to support and encourage smarter, more climate-resilient
investments by States, local communities, and tribes, including by providing incentives through
agency guidance, grants, technical assistance, performance measures, safety considerations,
and other programs, including in the context of infrastructure development as reflected in
Executive Order 12893 of January 26, 1994 (Principles for Federal Infrastructure Investments),
my memorandum of August 31, 2011 (Speeding Infrastructure Development through More
Efficient and Effective Permitting and Environmental Review), Executive Order 13604 of March
22, 2012 (Improving Performance of Federal Permitting and Review of Infrastructure Projects),
and my memorandum of May 17, 2013 (Modernizing Federal Infrastructure Review and
Permitting Regulations, Policies, and Procedures); and
(iv) report on their progress in achieving the requirements identified above, including
accomplished and planned milestones, in the Agency Adaptation Plans developed pursuant to
section 5 of this order.
(b) In carrying out this section, agencies should also consider the recommendations of the
State, Local, and Tribal Leaders Task Force on Climate Preparedness and Resilience (Task
Force) established in section 7 of this order and the National Infrastructure Advisory Council
established by Executive Order 13231 of October 16, 2001 (Critical Infrastructure Protection in
the Information Age), and continued through Executive Order 13652 of September 30, 2013
(Continuance of Certain Federal Advisory Committees).
(c) Interagency groups charged with coordinating and modernizing Federal processes related
to the development and integration of both man-made and natural infrastructure, evaluating
public health and social equity issues, safeguarding natural resources, and other issues
impacted by climate change—including the Steering Committee on Federal Infrastructure
Permitting and Review Process Improvement established by Executive Order 13604, the Task
Force on Ports established on July 19, 2012, the Interagency Working Group on Coordination of
Domestic Energy Development and Permitting in Alaska established by Executive Order 13580
of July 12, 2011, and the Federal Interagency Working Group on Environmental Justice
established by Executive Order 12898 of February 11, 1994—shall be responsible for ensuring
that climate change related risks are accounted for in such processes and shall work with
agencies in meeting the requirements set forth in subsections (a) and (b) of this section.
Sec. 3. Managing Lands and Waters for Climate Preparedness and Resilience. Within 9
months of the date of this order and in coordination with the efforts described in section 2 of this
order, the heads of the Departments of Defense, the Interior, and Agriculture, the Environmental
Protection Agency, NOAA, the Federal Emergency Management Agency, the Army Corps of
Engineers, and other agencies as recommended by the Council established in section 6 of this
order shall work with the Chair of CEQ and the Director of the Office of Management and
Budget (OMB) to complete an inventory and assessment of proposed and completed changes
to their land- and water-related policies, programs, and regulations necessary to make the

Nation's watersheds, natural resources, and ecosystems, and the communities and economies
that depend on them, more resilient in the face of a changing climate. Further, recognizing the
many benefits the Nation's natural infrastructure provides, agencies shall, where possible, focus
on program and policy adjustments that promote the dual goals of greater climate resilience and
carbon sequestration, or other reductions to the sources of climate change. The assessment
shall include a timeline and plan for making changes to policies, programs, and regulations.
Agencies shall build on efforts already completed or underway as outlined in agencies'
Adaptation Plans, as discussed in section 5 of this order, as well as recent interagency climate
adaptation strategies such as the National Action Plan: Priorities for Managing Freshwater
Resources in a Changing Climate, released October 28, 2011; the National Fish, Wildlife and
Plants Climate Adaptation Strategy, released March 26, 2013; and the National Ocean Policy
Implementation Plan, released April 16, 2013.
Sec. 4. Providing Information, Data, and Tools for Climate Change Preparedness and
Resilience. (a) In support of Federal, regional, State, local, tribal, private-sector and nonprofitsector efforts to prepare for the impacts of climate change, the Departments of Defense, the
Interior, Agriculture, Commerce, Health and Human Services, Housing and Urban Development,
Transportation, Energy, and Homeland Security, the Environmental Protection Agency, the
National Aeronautics and Space Administration, and any other agencies as recommended by
the Council established in section 6 of this order, shall, supported by USGCRP, work together to
develop and provide authoritative, easily accessible, usable, and timely data, information, and
decision-support tools on climate preparedness and resilience.
(b) As part of the broader open data policy, CEQ and OSTP, in collaboration with OMB and
consistent with Executive Order 13642 of May 9, 2013 (Making Open and Machine Readable
the New Default for Government Information), shall oversee the establishment of a web-based
portal on "Data.gov" and work with agencies on identifying, developing, and integrating data and
tools relevant to climate issues and decisionmaking. Agencies shall coordinate their work on
these data and tools with relevant interagency councils and committees such as the National
Science and Technology Council and those that support the implementation of Presidential
Policy Directive–21 of February 12, 2013 (Critical Infrastructure Security and Resilience).
Sec. 5. Federal Agency Planning for Climate Change Related Risk. (a) Consistent with other
Executive Orders, agencies have developed Agency Adaptation Plans and provided them to
CEQ and OMB. These plans evaluate the most significant climate change related risks to, and
vulnerabilities in, agency operations and missions in both the short and long term, and outline
actions that agencies will take to manage these risks and vulnerabilities. Building on these
efforts, each agency shall develop or continue to develop, implement, and update
comprehensive plans that integrate consideration of climate change into agency operations and
overall mission objectives and submit those plans to CEQ and OMB for review. Each Agency
Adaptation Plan shall include:
(i) identification and assessment of climate change related impacts on and risks to the
agency's ability to accomplish its missions, operations, and programs;
(ii) a description of programs, policies, and plans the agency has already put in place, as well
as additional actions the agency will take, to manage climate risks in the near term and build
resilience in the short and long term;
(iii) a description of how any climate change related risk identified pursuant to paragraph (i) of
this subsection that is deemed so significant that it impairs an agency's statutory mission or
operation will be addressed, including through the agency's existing reporting requirements;

(iv) a description of how the agency will consider the need to improve climate adaptation and
resilience, including the costs and benefits of such improvement, with respect to agency
suppliers, supply chain, real property investments, and capital equipment purchases such as
updating agency policies for leasing, building upgrades, relocation of existing facilities and
equipment, and construction of new facilities; and
(v) a description of how the agency will contribute to coordinated interagency efforts to
support climate preparedness and resilience at all levels of government, including collaborative
work across agencies' regional offices and hubs, and through coordinated development of
information, data, and tools, consistent with section 4 of this order.
(b) Agencies will report on progress made on their Adaptation Plans, as well as any updates
made to the plans, through the annual Strategic Sustainability Performance Plan process.
Agencies shall regularly update their Adaptation Plans, completing the first update within 120
days of the date of this order, with additional regular updates thereafter due not later than 1 year
after the publication of each quadrennial National Climate Assessment report required by
section 106 of the Global Change Research Act of 1990 (15 U.S.C. 2936).
Sec. 6. Council on Climate Preparedness and Resilience.
(a) Establishment. There is established an interagency Council on Climate Preparedness and
Resilience (Council).
(b) Membership. The Council shall be co-chaired by the Chair of CEQ, the Director of OSTP,
the Assistant to the President for Homeland Security and Counterterrorism, and the Director of
OMB. In addition, the Council shall include senior officials (Deputy Secretary or equivalent
officer) from:
(i) the Department of State;
(ii) the Department of the Treasury;
(iii) the Department of Defense;
(iv) the Department of Justice;
(v) the Department of the Interior;
(vi) the Department of Agriculture;
(vii) the Department of Commerce;
(viii) the Department of Labor;
(ix) the Department of Health and Human Services;
(x) the Department of Housing and Urban Development;
(xi) the Department of Transportation;
(xii) the Department of Energy;
(xiii) the Department of Education;
(xiv) the Department of Veterans Affairs;
(xv) the Department of Homeland Security;

(xvi) the United States Agency for International Development;
(xvii) the Army Corps of Engineers;
(xviii) the Environmental Protection Agency;
(xix) the General Services Administration;
(xx) the Millennium Challenge Corporation;
(xxi) the National Aeronautics and Space Administration;
(xxii) the U.S. Small Business Administration;
(xxiii) the Corporation for National and Community Service;
(xxiv) the Office of the Director of National Intelligence;
(xxv) the Council of Economic Advisers;
(xxvi) the National Economic Council;
(xxvii) the Domestic Policy Council;
(xxviii) the White House Office of Public Engagement and Intergovernmental Affairs;
(xxix) the United States Trade Representative; and
(xxx) such agencies or offices as the President or Co-Chairs shall designate.
(c) Administration. CEQ shall provide administrative support and additional resources, as
appropriate, for the Council to the extent permitted by law and within existing appropriations.
Agencies shall assist and provide information to the Council, consistent with applicable law, as
may be necessary to carry out its functions. Each agency shall bear its own expenses for
participating in the Council.
(d) Council Structure. The Co-Chairs may designate a subset of members of the Council to
serve on a Steering Committee to help determine priorities and strategic direction for the
Council. The Co-Chairs and Steering Committee may establish working groups as needed, and
may recharter working groups of the Interagency Climate Change Adaptation Task Force, as
appropriate.
(e) Mission and Function of the Council. The Council shall work across agencies and offices,
and in partnership with State, local, and tribal governments (as well as the Task Force
established in section 7 of this order), academic and research institutions, and the private and
nonprofit sectors to:
(i) develop, recommend, coordinate interagency efforts on, and track implementation of
priority Federal Government actions related to climate preparedness and resilience;
(ii) support regional, State, local, and tribal action to assess climate change related
vulnerabilities and cost-effectively increase climate preparedness and resilience of communities,
critical economic sectors, natural and built infrastructure, and natural resources, including
through the activities as outlined in sections 2 and 3 of this order;
(iii) facilitate the integration of climate science in policies and planning of government
agencies and the private sector, including by promoting the development of innovative,

actionable, and accessible Federal climate change related information, data, and tools at
appropriate scales for decisionmakers and deployment of this information through a
Government-wide web-based portal, as described in section 4 of this order; and
(iv) such other functions as may be decided by the Co-Chairs, including implementing, as
appropriate, the recommendations of the Task Force established in section 7 of this order.
(f) Termination of the Interagency Climate Change Adaptation Task Force. The Interagency
Climate Change Adaptation Task Force (Adaptation Task Force), established in 2009, created
the framework for coordinated Federal action on climate preparedness and resilience, driving
agency-level planning and action. The Adaptation Task Force shall terminate no later than 30
days after the first meeting of the Council, which shall continue and build upon the Adaptation
Task Force's work.
Sec. 7. State, Local, and Tribal Leaders Task Force on Climate Preparedness and
Resilience.
(a) Establishment. To inform Federal efforts to support climate preparedness and resilience,
there is established a State, Local, and Tribal Leaders Task Force on Climate Preparedness
and Resilience (Task Force).
(b) Membership. The Task Force shall be co-chaired by the Chair of CEQ and the Director of
the White House Office of Intergovernmental Affairs. In addition, its members shall be such
elected State, local, and tribal officials as may be invited by the Co-Chairs to participate.
Members of the Task Force, acting in their official capacity, may designate employees with
authority to act on their behalf.
(c) Mission and Function. Within 1 year of the date of this order, the Task Force shall provide,
through its Co-Chairs, recommendations to the President and the Council for how the Federal
Government can:
(i) remove barriers, create incentives, and otherwise modernize Federal programs to
encourage investments, practices, and partnerships that facilitate increased resilience to climate
impacts, including those associated with extreme weather;
(ii) provide useful climate preparedness tools and actionable information for States, local
communities, and tribes, including through interagency collaboration as described in section 6 of
this order; and
(iii) otherwise support State, local, and tribal preparedness for and resilience to climate
change.
(d) Sunset. The Task Force shall terminate no later than 6 months after providing its
recommendations.
Sec. 8. Definitions. As used in this order:
(a) "preparedness" means actions taken to plan, organize, equip, train, and exercise to build,
apply, and sustain the capabilities necessary to prevent, protect against, ameliorate the effects
of, respond to, and recover from climate change related damages to life, health, property,
livelihoods, ecosystems, and national security;
(b) "adaptation" means adjustment in natural or human systems in anticipation of or response
to a changing environment in a way that effectively uses beneficial opportunities or reduces
negative effects; and

(c) "resilience" means the ability to anticipate, prepare for, and adapt to changing conditions
and withstand, respond to, and recover rapidly from disruptions.
Sec. 9. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise
affect:
(i) the authority granted by law to an executive department, agency, or the head thereof; or
(ii) the functions of the Director of OMB relating to budgetary, administrative, or legislative
proposals.
(b) This order shall be implemented consistent with U.S. obligations under international
agreements and applicable U.S. law, and be subject to the availability of appropriations.
(c) 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, or entities, its officers, employees, or agents, or any other person.
BARACK OBAMA.
EX. ORD. NO. 13690. ESTABLISHING A FEDERAL FLOOD RISK MANAGEMENT STANDARD AND A PROCESS
FOR FURTHER SOLICITING AND CONSIDERING STAKEHOLDER INPUT
Ex. Ord. No. 13690, Jan. 30, 2015, 80 F.R. 6425, 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 improve the Nation's resilience to current and future flood
risk, I hereby direct the following:
Section 1. Policy. It is the policy of the United States to improve the resilience of communities
and Federal assets against the impacts of flooding. These impacts are anticipated to increase
over time due to the effects of climate change and other threats. Losses caused by flooding
affect the environment, our economic prosperity, and public health and safety, each of which
affects our national security.
The Federal Government must take action, informed by the best-available and actionable
science, to improve the Nation's preparedness and resilience against flooding. Executive Order
11988 of May 24, 1977 (Floodplain Management), requires executive departments and
agencies (agencies) 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. The Federal
Government has developed processes for evaluating the impacts of Federal actions in or
affecting floodplains to implement Executive Order 11988.
As part of a national policy on resilience and risk reduction consistent with my Climate Action
Plan, the National Security Council staff coordinated an interagency effort to create a new flood
risk reduction standard for federally funded projects. The views of Governors, mayors, and other
stakeholders were solicited and considered as efforts were made to establish a new flood risk
reduction standard for federally funded projects. The result of these efforts is the Federal Flood
Risk Management Standard (Standard), a flexible framework to increase resilience against
flooding and help preserve the natural values of floodplains. Incorporating this Standard will
ensure that agencies expand management from the current base flood level to a higher vertical
elevation and corresponding horizontal floodplain to address current and future flood risk and
ensure that projects funded with taxpayer dollars last as long as intended.

This order establishes the Standard and sets forth a process for further solicitation and
consideration of public input, including from Governors, mayors, and other stakeholders, prior to
implementation of the Standard.
Sec. 2. Amendments to Executive Order 11988. [Amended Ex. Ord. No. 11988, set out
above.]
Sec. 3. Agency Action. (a) Prior to any action to implement the Standard, additional input
from stakeholders shall be solicited and considered. To carry out this process:
(i) the Federal Emergency Management Agency, on behalf of the Mitigation Framework
Leadership Group, shall publish for public comment draft amended Floodplain Management
Guidelines for Implementing Executive Order 11988 (Guidelines) to provide guidance to
agencies on the implementation of Executive Order 11988, as amended, consistent with the
Standard;
(ii) during the comment period, the Mitigation Framework Leadership Group shall host public
meetings with stakeholders to solicit input; and
(iii) after the comment period closes, and based on the comments received on the draft
Guidelines during the comment period, in accordance with subsections (a)(i) and (ii) of this
section, the Mitigation Framework Leadership Group shall provide recommendations to the
Water Resources Council.
(b) After additional input from stakeholders has been solicited and considered as set forth in
subsections (a)(i) and (ii) of this section and after consideration of the recommendations made
by the Mitigation Framework Leadership Group pursuant to subsection (a)(iii) of this section, the
Water Resources Council shall issue amended Guidelines to provide guidance to agencies on
the implementation of Executive Order 11988, as amended, consistent with the Standard.
(c) To the extent permitted by law, each agency shall, in consultation with the Water
Resources Council, Federal Interagency Floodplain Management Task Force, Federal
Emergency Management Agency, and Council on Environmental Quality, issue or amend
existing regulations and procedures to comply with this order, and update those regulations and
procedures as warranted. Within 30 days of the closing of the public comment period for the
draft amendments to the Guidelines as described in subsection (a) of this section, each agency
shall submit an implementation plan to the National Security Council staff that contains
milestones and a timeline for implementation of this order and the Standard, by the agency as it
applies to the agency's processes and mission. Agencies shall not issue or amend existing
regulations and procedures pursuant to this subsection until after the Water Resources Council
has issued amended Guidelines pursuant to subsection (b) of this order [sic].
Sec. 4. Reassessment. (a) The Water Resources Council shall issue any further
amendments to the Guidelines as warranted.
(b) The Mitigation Framework Leadership Group in consultation with the Federal Interagency
Floodplain Management Task Force shall reassess the Standard annually, after seeking
stakeholder input, and provide recommendations to the Water Resources Council to update the
Standard if warranted based on accurate and actionable science that takes into account
changes to climate and other changes in flood risk. The Water Resources Council shall issue an
update to the Standard at least every 5 years.
Sec. 5. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise
affect:

(i) the authority granted by law to an executive department, agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to
budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the
availability of appropriations.
(c) 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, or entities, its officers, employees, or agents, or any other person.
(d) The Water Resources Council shall carry out its responsibilities under this order in
consultation with the Mitigation Framework Leadership Group.
BARACK OBAMA.
EX. ORD. NO. 13693. PLANNING FOR FEDERAL SUSTAINABILITY IN THE NEXT DECADE
Ex. Ord. No. 13693, Mar. 19, 2015, 80 F.R. 15871, 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 maintain Federal leadership in sustainability and greenhouse
gas emission reductions, it is hereby ordered as follows:
Section 1. Policy. Executive departments and agencies (agencies) have been among our
Nation's leaders as the United States works to build a clean energy economy that will sustain
our prosperity and the health of our people and our environment for generations to come.
Federal leadership in energy, environmental water, fleet, buildings, and acquisition management
will continue to drive national greenhouse gas reductions and support preparations for the
impacts of climate change. Through a combination of more efficient Federal operations such as
those outlined in this Executive Order (order), we have the opportunity to reduce agency direct
greenhouse gas emissions by at least 40 percent over the next decade while at the same time
fostering innovation, reducing spending, and strengthening the communities in which our
Federal facilities operate.
It therefore continues to be the policy of the United States that agencies shall increase
efficiency and improve their environmental performance. Improved environmental performance
will help us protect our planet for future generations and save taxpayer dollars through avoided
energy costs and increased efficiency, while also making Federal facilities more resilient. To
improve environmental performance and Federal sustainability, priority should first be placed on
reducing energy use and cost, then on finding renewable or alternative energy solutions.
Pursuing clean sources of energy will improve energy and water security, while ensuring that
Federal facilities will continue to meet mission requirements and lead by example. Employing
this strategy for the next decade calls for expanded and updated Federal environmental
performance goals with a clear overarching objective of reducing greenhouse gas emissions
across Federal operations and the Federal supply chain.
Sec. 2. Agency Greenhouse Gas Emission Reductions. In implementing the policy set forth in
section 1 of this order, the head of each agency shall, within 90 days of the date of this order,
propose to the Chair of the Council on Environmental Quality (CEQ) and the Director of the
Office of Management and Budget (OMB) percentage reduction targets for agency-wide
reductions of scope 1 and 2 and scope 3 greenhouse gas emissions in absolute terms by the
end of fiscal year 2025 relative to a fiscal year 2008 baseline. Where appropriate, the target
shall exclude direct emissions from excluded vehicles and equipment and from electric power

produced and sold commercially to other parties as the primary business of the agency. The
proposed targets shall be subject to the review and approval of the Chair of CEQ in coordination
with the Director of OMB under section 4(b) of this order.
Sec. 3. Sustainability Goals for Agencies. In implementing the policy set forth in section 1 of
this order and to achieve the goals of section 2 of this order, the head of each agency shall,
where life-cycle cost-effective, beginning in fiscal year 2016, unless otherwise specified:
(a) promote building energy conservation, efficiency, and management by:
(i) reducing agency building energy intensity measured in British thermal units per gross
square foot by 2.5 percent annually through the end of fiscal year 2025, relative to the baseline
of the agency's building energy use in fiscal year 2015 and taking into account agency progress
to date, except where revised pursuant to section 9(f) of this order, by implementing efficiency
measures based on and using practices such as:
(A) using remote building energy performance assessment auditing technology;
(B) participating in demand management programs;
(C) ensuring that monthly performance data is entered into the Environmental Protection
Agency (EPA) ENERGY STAR Portfolio Manager for covered buildings;
(D) incorporating, where feasible, the consensus-based, industry standard Green Button data
access system into reporting, data analytics, and automation processes;
(E) implementing space utilization and optimization practices and policies;
(F) identifying opportunities to transition test-bed technologies to achieve the goals of this
section; and
(G) conforming, where feasible, to city energy performance benchmarking and reporting
requirements; and
(ii) improving data center energy efficiency at agency facilities by:
(A) ensuring the agency chief information officer promotes data center energy optimization,
efficiency, and performance;
(B) installing and monitoring advanced energy meters in all data centers by fiscal year 2018;
and
(C) establishing a power usage effectiveness target of 1.2 to 1.4 for new data centers and
less than 1.5 for existing data centers;
(b) ensure that at a minimum, the following percentage of the total amount of building electric
energy and thermal energy shall be clean energy, accounted for by renewable electric energy
and alternative energy:
(i) not less than 10 percent in fiscal years 2016 and 2017;
(ii) not less than 13 percent in fiscal years 2018 and 2019;
(iii) not less than 16 percent in fiscal years 2020 and 2021;
(iv) not less than 20 percent in fiscal years 2022 and 2023; and

(v) not less than 25 percent by fiscal year 2025 and each year thereafter;
(c) ensure that the percentage of the total amount of building electric energy consumed by
the agency that is renewable electric energy is:
(i) not less than 10 percent in fiscal years 2016 and 2017;
(ii) not less than 15 percent in fiscal years 2018 and 2019;
(iii) not less than 20 percent in fiscal years 2020 and 2021;
(iv) not less than 25 percent in fiscal years 2022 and 2023; and
(v) not less than 30 percent by fiscal year 2025 and each year thereafter;
(d) include in the renewable electric energy portion of the clean energy target established in
subsection (b) of this section renewable electric energy as defined in section 19(v) of this order
and associated with the following actions, which are listed in order of priority:
(i) installing agency-funded renewable energy on site at Federal facilities and retaining
corresponding renewable energy certificates (RECs) or obtaining equal value replacement
RECs;
(ii) contracting for the purchase of energy that includes the installation of renewable energy
on site at a Federal facility or off site from a Federal facility and the retention of corresponding
RECs or obtaining equal value replacement RECs for the term of the contract;
(iii) purchasing electricity and corresponding RECs or obtaining equal value replacement
RECs; and
(iv) purchasing RECs;
(e) include in the alternative energy portion of the clean energy target established in
subsection (b) of this section alternative energy as defined in section 19(c) of this order and
associated with the following actions, where feasible:
(i) installing thermal renewable energy on site at Federal facilities and retaining corresponding
renewable attributes or obtaining equal value replacement RECs where applicable;
(ii) installing combined heat and power processes on site at Federal facilities;
(iii) installing fuel cell energy systems on site at Federal facilities;
(iv) utilizing energy from new small modular nuclear reactor technologies;
(v) utilizing energy from a new project that includes the active capture and storage of carbon
dioxide emissions associated with energy generation;
(vi) implementing other alternative energy approaches that advance the policy set forth in
section 1 and achieve the goals of section 2 of this order and are in accord with any
sustainability, environmental performance, and other instructions or guidance established
pursuant to sections 4(e) and 5(a) of this order; and
(vii) including in the Department of Defense (DOD) accounting for alternative energy for this
subsection, fulfillment of the requirements for DOD goals established under section 2852 of the
National Defense Authorization Act for Fiscal Year 2007 as amended by section 2842 of the
National Defense Authorization Act for Fiscal Year 2010;

(f) improve agency water use efficiency and management, including stormwater management
by:
(i) reducing agency potable water consumption intensity measured in gallons per gross
square foot by 36 percent by fiscal year 2025 through reductions of 2 percent annually through
fiscal year 2025 relative to a baseline of the agency's water consumption in fiscal year 2007;
(ii) installing water meters and collecting and utilizing building and facility water balance data
to improve water conservation and management;
(iii) reducing agency industrial, landscaping, and agricultural (ILA) water consumption
measured in gallons by 2 percent annually through fiscal year 2025 relative to a baseline of the
agency's ILA water consumption in fiscal year 2010; and
(iv) installing appropriate green infrastructure features on federally owned property to help
with stormwater and wastewater management;
(g) if the agency operates a fleet of at least 20 motor vehicles, improve agency fleet and
vehicle efficiency and management by:
(i) determining, as part of the planning requirements of section 14 of this order, the optimum
fleet inventory with emphasis placed on eliminating unnecessary or non-essential vehicles from
the agency's fleet inventory;
(ii) taking actions that reduce fleet-wide per-mile greenhouse gas emissions from agency fleet
vehicles, relative to a baseline of emissions in fiscal year 2014, to achieve the following
percentage reductions:
(A) not less than 4 percent by the end of fiscal year 2017;
(B) not less than 15 percent by the end of fiscal year 2021; and
(C) not less than 30 percent by the end of fiscal year 2025;
(iii) collecting and utilizing as a fleet efficiency management tool, as soon as practicable but
not later than 2 years after the date of this order, agency fleet operational data through
deployment of vehicle telematics at a vehicle asset level for all new passenger and light duty
vehicle acquisitions and for medium duty vehicles where appropriate;
(iv) ensuring that agency annual asset-level fleet data is properly and accurately accounted
for in a formal agency Fleet Management System and any relevant data is submitted to the
Federal Automotive Statistical Tool reporting database, the Federal Motor Vehicle Registration
System, and the Fleet Sustainability Dashboard (FleetDASH) system;
(v) planning for agency fleet composition such that by December 31, 2020, zero emission
vehicles or plug-in hybrid vehicles account for 20 percent of all new agency passenger vehicle
acquisitions and by December 31, 2025, zero emission vehicles or plug-in hybrid vehicles
account for 50 percent of all new agency passenger vehicles and including, where practicable,
acquisition of such vehicles in other vehicle classes and counting double credit towards the
targets in this section for such acquisitions; and
(vi) planning for appropriate charging or refueling infrastructure or other power storage
technologies for zero emission vehicles or plug-in hybrid vehicles and opportunities for ancillary
services to support vehicle-to-grid technology;
(h) improve building efficiency, performance, and management by:

(i) ensuring, beginning in fiscal year 2020 and thereafter, that all new construction of Federal
buildings greater than 5,000 gross square feet that enters the planning process is designed to
achieve energy net-zero and, where feasible, water or waste net-zero by fiscal year 2030;
(ii) identifying, beginning in June of 2016, as part of the planning requirements of section 14
of this order, a percentage of at least 15 percent, by number or total square footage, of the
agency's existing buildings above 5,000 gross square feet that will, by fiscal year 2025, comply
with the revised Guiding Principles for Federal Leadership in High Performance and Sustainable
Buildings (Guiding Principles), developed pursuant to section 4 of this order, and making annual
progress toward 100 percent conformance with the Guiding Principles for its building inventory;
(iii) identifying, as part of the planning requirements of section 14 of this order, a percentage
of the agency's existing buildings above 5,000 gross square feet intended to be energy, waste,
or water net-zero buildings by fiscal year 2025 and implementing actions that will allow those
buildings to meet that target;
(iv) including in all new agency lease solicitations over 10,000 rentable square feet:
(A) criteria for energy efficiency either as a required performance specification or as a source
selection evaluation factor in best-value tradeoff procurements; and
(B) requirements for building lessor disclosure of carbon emission or energy consumption
data for that portion of the building occupied by the agency that may be provided by the lessor
through submetering or estimation from pro-rated occupancy data, whichever is more costeffective;
(v) reporting building energy, beginning in fiscal year 2016 as part of the agency scope 3
greenhouse gas emissions for newly solicited leases over 10,000 rentable square feet;
(vi) including in the planning for new buildings or leases cost-effective strategies to optimize
sustainable space usage and consideration of existing community transportation planning and
infrastructure, including access to public transit;
(vii) ensuring that all new construction, major renovation, repair, and alteration of agency
buildings includes appropriate design and deployment of fleet charging infrastructure; and
(viii) including the incorporation of climate-resilient design and management elements into the
operation, repair, and renovation of existing agency buildings and the design of new agency
buildings;
(i) promote sustainable acquisition and procurement by ensuring that each of the following
environmental performance and sustainability factors are included to the maximum extent
practicable for all applicable procurements in the planning, award, and execution phases of the
acquisition by:
(i) meeting statutory mandates that require purchase preference for:
(A) recycled content products designated by EPA;
(B) energy and water efficient products and services, such as ENERGY STAR qualified and
Federal Energy Management Program (FEMP)-designated products, identified by EPA and the
Department of Energy (DOE); and
(C) BioPreferred and biobased designated products designated by the United States
Department of Agriculture;

(ii) purchasing sustainable products and services identified by EPA programs including:
(A) Significant New Alternative Policy (SNAP) chemicals or other alternatives to ozonedepleting substances and high global warming potential hydrofluorocarbons, where feasible, as
identified by SNAP;
(B) WaterSense certified products and services (water efficient products);
(C) Safer Choice labeled products (chemically intensive products that contain safer
ingredients); and
(D) SmartWay Transport partners and SmartWay products (fuel efficient products and
services);
(iii) purchasing environmentally preferable products or services that:
(A) meet or exceed specifications, standards, or labels recommended by EPA that have been
determined to assist agencies in meeting their needs and further advance sustainable
procurement goals of this order; or
(B) meet environmental performance criteria developed or adopted by voluntary consensus
standards bodies consistent with section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (Public Law 104–113) and OMB Circular A–119;
(iv) acting, as part of the implementation of planning requirements of section 14 of this order,
until an agency achieves at least 95 percent compliance with the BioPreferred and biobased
purchasing requirement in paragraph (i) of this subsection, to:
(A) establish an annual target for the number of contracts to be awarded with BioPreferred
and biobased criteria and dollar value of BioPreferred and biobased products to be delivered
and reported under those contracts in the following fiscal year. To establish this target, agencies
shall consider the dollar value of designated BioPreferred and biobased products reported in
previous years, the specifications reviewed and revised for inclusion of BioPreferred and
biobased products, and the number of applicable product and service contracts to be awarded,
including construction, operations and maintenance, food services, vehicle maintenance, and
janitorial services; and
(B) ensure contractors submit timely annual reports of their BioPreferred and biobased
purchases; and
(v) reducing copier and printing paper use and acquiring uncoated printing and writing paper
containing at least 30 percent postconsumer recycled content or higher as designated by future
instruction under section 4(e) of this order;
(j) advance waste prevention and pollution prevention by:
(i) reporting in accordance with the requirements of sections 301 through 313 of the
Emergency Planning and Community Right-to-Know Act of 1986 (42 U.S.C. 11001 through
11023);
(ii) diverting at least 50 percent of non-hazardous solid waste, including food and
compostable material but not construction and demolition materials and debris, annually, and
pursuing opportunities for net-zero waste or additional diversion opportunities;
(iii) diverting at least 50 percent of non-hazardous construction and demolition materials and
debris; and

(iv) reducing or minimizing the quantity of toxic and hazardous chemicals and materials
acquired, used, or disposed of, particularly where such reduction will assist the agency in
pursuing agency greenhouse gas emission reduction targets established in section 2 of this
order;
(k) implement performance contracts for Federal buildings by:
(i) utilizing performance contracting as an important tool to help meet identified energy
efficiency and management goals while deploying life-cycle cost-effective energy efficiency and
clean energy technology and water conservation measures;
(ii) fulfilling existing agency performance contracting commitments towards the goal of $4
billion in Federal performance-based contracts by the end of calendar year 2016; and
(iii) providing annual agency targets for performance contracting for energy savings to be
implemented in fiscal year 2017 and annually thereafter as part of the planning requirements of
section 14 of this order;
(l) promote electronics stewardship by establishing, measuring, and reporting by:
(i) ensuring procurement preference for environmentally sustainable electronic products as
established in subsection (i) of this section;
(ii) establishing and implementing policies to enable power management, duplex printing, and
other energy-efficient or environmentally sustainable features on all eligible agency electronic
products; and
(iii) employing environmentally sound practices with respect to the agency's disposition of all
agency excess or surplus electronic products.
Sec. 4. Duties of the Chair of the Council on Environmental Quality. In implementing the
policy set forth in section 1 of this order, the Chair of CEQ shall:
(a) in coordination with the Director of OMB, establish a Federal Interagency Sustainability
Steering Committee (Steering Committee) that shall advise the Director of OMB and the Chair
of CEQ on the performance of agency responsibilities under sections 2 and 3 of this order and
shall include the Federal Chief Sustainability Officer referenced in section 6 of this order and
agency Chief Sustainability Officers designated under sections 7 and 8 of this order;
(b) in coordination with the Director of OMB review and approve agency-wide scope 1 and 2
and scope 3 greenhouse gas emissions reduction targets developed under section 2 of this
order;
(c) in coordination with the Director of OMB, prepare streamlined reporting metrics to
determine each agency's progress under sections 2 and 3 of this order;
(d) review and evaluate each agency's Plan prepared under section 14 of this order;
(e) within 45 days of the date of this order and thereafter as necessary, after consultation with
the Director of OMB, issue implementing instructions or other guidance to direct agency
implementation of this order, other than instructions within the authority of the Director of OMB
to issue under section 5 of this order;
(f) within 150 days of the date of this order, prepare and issue revised Guiding Principles for
both new and existing Federal buildings including consideration of climate change resilience
and employee and visitor wellness;

(g) revise, as necessary and in coordination with the Director of OMB, existing CEQ guidance
and implementing instructions on Sustainable Locations for Federal Facilities of September 15,
2011, Sustainable Practices for Designed Landscapes of October 31, 2011, as supplemented
on October 22, 2014, Federal Greenhouse Gas Accounting and Reporting Guidance [Revision
1] of June 4, 2012, and Federal Agency Implementation of Water Efficiency and Management
Provisions of [former] Executive Order 13514 of July 10, 2013 [Oct. 5, 2009];
(h) within 150 days of the date of this order, prepare and issue guidance to assist agencies in
the implementation of section 13 of this order;
(i) identify annually, based on total contract spending in the previous fiscal year as reported in
the Federal Procurement Data System, the seven largest Federal procuring agencies
responsible for implementation of section 15(b) of this order;
(j) administer a Presidential leadership award program to recognize exceptional and
outstanding performance and excellence in agency efforts to implement this order; and
(k) establish and disband, as appropriate, temporary interagency working groups to provide
recommendations to the Chair of CEQ associated with the goals of this order, including: gridbased green power; data quality, collection, and reporting; greenhouse gas emissions
associated with the transportation of Federal freight and cargo; sustainability considerations in
resilience planning; agency supply chain climate vulnerability; recycled content paper; green
infrastructure; and carbon uptake accounting and wood products.
Sec. 5. Duties of the Director of the Office of Management and Budget. In implementing the
policy set forth in section 1 of this order, the Director of OMB shall:
(a) issue, after consultation with the Chair of CEQ, instructions to the heads of agencies
concerning periodic performance evaluation of agency implementation of this order, including
consideration of the results from section 4(c) of this order;
(b) prepare scorecards providing periodic evaluation of Principal Agency performance in
implementing this order and publish scorecard results on a publicly available Web site; and
(c) review and approve each agency's Plan prepared under section 14 of this order.
Sec. 6. Duties of the Federal Chief Sustainability Officer. Henceforth, the Federal
Environmental Executive is reestablished as the Federal Chief Sustainability Officer and the
Office of the Federal Environmental Executive is reestablished as the Office of the Chief
Sustainability Officer, for which the Environmental Protection Agency shall provide funding and
administrative support and that shall be maintained at CEQ. In implementing the policy set forth
in section 1 of this order, the Federal Chief Sustainability Officer shall:
(a) monitor progress and advise the Chair of CEQ on agency goals in sections 2 and 3 of this
order;
(b) chair, convene, and preside at quarterly meetings; determine the agenda; and direct the
work of the Steering Committee;
(c) lead the development of programs and policies to assist agencies in implementing the
goals of this order in coordination with DOE, EPA, the General Services Administration (GSA),
and other agencies as appropriate;

(d) coordinate and provide direction to relevant existing workgroups through quarterly
meetings to ensure that opportunities for improvement in implementation of this order are
identified and addressed; and
(e) advise the Chair of CEQ on the implementation of this order.
Sec. 7. Duties of Principal Agencies. To ensure successful implementation of the policy
established in section 1 of this order, the head of each Principal Agency shall:
(a) designate, within 45 days of the date of this order, an agency Chief Sustainability Officer,
who shall be a senior civilian officer of the United States, compensated annually in an amount at
or above the amount payable at level IV of the Executive Schedule, and report such designation
to the Director of OMB and the Chair of CEQ;
(b) assign the designated official the authority to represent the agency on the Steering
Committee established under section 4 of this order and perform such other duties relating to
the implementation of this order within the agency as the head of the agency deems
appropriate;
(c) prepare and distribute internally, where appropriate, performance evaluations of agency
implementation of this order that reflect the contribution of agency services, components,
bureaus, and operating divisions to the goals of this order;
(d) ensure, as soon as practicable after the date of this order, that leases and contracts
entered into after the date of this order for lessor or contractor operation of Government-owned
buildings or vehicles facilitate the agency's compliance with this order;
(e) implement opportunities to improve agency fleet sustainability, including vehicle
acquisitions as established in section 3(g) of this order, waiver authority, and fleet data
management practices, by revising agency fleet management review and approval procedures
to include the Chief Sustainability Officers designated under this section and section 8 of this
order;
(f) consider the development of policies to promote sustainable commuting and work-related
travel practices for Federal employees that foster workplace vehicle charging, encourage
telecommuting, teleconferencing, and reward carpooling and the use of public transportation,
where consistent with agency authority and Federal appropriations law;
(g) ensure regional agency actions consider and are consistent with, sustainability and
climate preparedness priorities of States, local governments, and tribal communities where
agency facilities are located;
(h) foster outstanding performance and excellence in agency efforts to implement this order
through opportunities such as agency leadership award programs;
(i) continue implementation of formal Environmental Management Systems (EMS) where
those systems have proven effective and deploy new EMSs where appropriate; and
(j) notwithstanding the limitations on implementation in section 17 of this order, apply, where
feasible and appropriate, the strategies and plans to achieve the goals of this order in whole or
in part with respect to fueling, operation, and management of tactical or emergency vehicles and
to the activities and facilities of the agency that are not located within the United States.
Sec. 8. Duties of Contributing Agencies. Within 45 days of the date of this order, to ensure
successful implementation of the policy established in section 1 of this order, the head of each

contributing agency shall designate an agency Chief Sustainability Officer, who shall be a senior
civilian officer of the United States, compensated annually in an amount at or above the amount
payable at level IV of the Executive Schedule, and report such designation to the Director of
OMB and the Chair of CEQ.
Sec. 9. Duties of the Agency Chief Sustainability Officers. The Chief Sustainability Officers
designated under sections 7 and 8 of this order shall be responsible for:
(a) ensuring agency policies, plans, and strategies implemented to achieve the goals of this
order consider the role of agency regional facilities and personnel and are integrated into
agency permitting and environmental review policies, programs, and planning;
(b) developing and implementing an agency-wide strategic process that coordinates
appropriate agency functions and programs to ensure that those functions and programs
consider and address the goals of this order;
(c) reporting annually to the Chair of CEQ and Director of OMB a comprehensive inventory of
progress towards the greenhouse gas emissions goals established in section 2 of this order;
(d) representing the agency on the Steering Committee;
(e) convening quarterly meetings of agency bureaus, commands, or operating divisions that
are responsible for the implementation of strategies necessary to meet the goals of this order;
(f) representing the agency in any requests to the Chair of CEQ and Director of OMB to
amend or normalize a baseline for goals established in this order due to change of greater than
5 percent as a result of agency space consolidation, a change in mission tempo, or improved
data quality;
(g) providing plans, including the Plan prepared under section 14 of this order, reports,
information, and assistance necessary to implement this order, to the Director of OMB, the
Chair of CEQ, and the Federal Chief Sustainability Officer; and
(h) performing such other duties relating to the implementation of this order as the head of the
agency deems appropriate.
Sec. 10. Regional Coordination. Within 180 days of the date of this order, each EPA and GSA
Regional office shall in coordination with Federal Executive Boards established by the
Presidential Memorandum of November 10, 1961 (The Need for Greater Coordination of
Regional and Field Activities of the Government), DOD and other agencies as appropriate,
convene regional interagency workgroups to identify and address:
(a) sustainable operations of Federal fleet vehicles, including identification and
implementation of opportunities to use and share fueling infrastructure and logistical resources
to support the adoption and use of alternative fuel vehicles, including E–85 compatible vehicles,
zero emission and plug-in hybrid vehicles, and compressed natural gas powered vehicles;
(b) water resource management and drought response opportunities;
(c) climate change preparedness and resilience planning in coordination with State, local, and
tribal communities; and
(d) opportunities for collective procurement of clean energy to satisfy energy demand for
multiple agency buildings.

Sec. 11. Employee Education and Training. Within 180 days of the date of this order, the
Office of Personnel Management, in coordination with DOE, GSA, EPA, and other agencies as
appropriate, shall:
(a) consider the establishment of a dedicated Federal occupational series for sustainability
professionals and relevant positions that directly impact the achievement of Federal
sustainability goals and if appropriate, prepare and issue such occupational series; and
(b) initiate the inclusion of environmental sustainability and climate preparedness and
resilience into Federal leadership and educational programs in courses and training, delivered
through electronic learning, in classroom settings, and residential centers, particularly
developmental training for Senior Executive Service and GS–15 personnel.
Sec. 12. Supporting the Federal Fleet. (a) GSA shall ensure that vehicles available to
agencies for either lease or sale, at or below market cost, through its vehicle program include
adequate variety and volume of alternative fuel vehicles, including zero emission and plug-in
hybrid vehicles, to meet the fleet management goals of this order.
(b) DOE shall assist the United States Postal Service (USPS) in evaluating the best
alternative and advanced fuel technologies for the USPS fleet and report on such progress
annually as part of the planning requirements of section 14 of this order.
Sec. 13. Supporting Federal Facility Climate Preparedness and Resilience. The head of each
agency shall, consistent with Executive Order 13653 of November 1, 2013, ensure that agency
operations and facilities prepare for impacts of climate change as part of the planning
requirements of section 14 of this order and consistent with planning required under section 5 of
Executive Order 13653 by:
(a) identifying and addressing projected impacts of climate change on mission critical water,
energy, communication, and transportation demands and considering those climate impacts in
operational preparedness planning for major agency facilities and operations; and
(b) calculating the potential cost and risk to mission associated with agency operations that
do not take into account the information collected in subsection (a) of this section and
considering that cost in agency decision-making.
Sec. 14. Agency Strategic Sustainability Performance Plan. Beginning in June 2015, and
continuing through fiscal year 2025, the head of each Principal Agency shall develop,
implement, and annually update an integrated Strategic Sustainability Performance Plan (Plan)
based on guidance prepared by the Chair of CEQ under section 4 of this order. Contributing
agencies are encouraged to prepare a Plan but may limit content of the Plan to a summary of
agency actions to meet the requirements of this order. Each Principal Agency Plan and update
shall be provided to the Chair of CEQ and Director of OMB, shall be subject to approval by the
Director under section 5 of this order, and shall be made publicly available on an agency Web
site once approved.
Sec. 15. Supply Chain Greenhouse Gas Management. In implementing the greenhouse gas
management policies in section 1 of this order and to better understand and manage the
implications of Federal supply chain greenhouse gas emissions:
(a) the Chair of CEQ shall, within 30 days of the date of this order and annually thereafter,
identify and publicly release an inventory of major Federal suppliers using publicly available
Federal procurement information, including information as to whether the supplier has
accounted for and publicly disclosed, during the previous calendar year, annual scope 1 and 2

greenhouse gas emission data and publicly disclosed a greenhouse gas emission reductions
target (or targets) for 2015 or beyond; and
(b) the seven largest Federal procuring agencies shall each submit for consideration, in
conjunction with the planning requirements of section 14 of this order, a plan to implement at
least five new procurements annually in which the agency may include, as appropriate, contract
requirements for vendors or evaluation criteria that consider contractor emissions and
greenhouse gas emissions management practices. The plans submitted for consideration may
include identification of evaluation criteria, performance period criteria, and contract clauses that
will encourage suppliers to manage and reduce greenhouse gas emissions, and shall be
implemented as soon as practicable after any relevant administrative requirements have been
met.
Sec. 16. Revocations and Conforming Provisions. (a) Pursuant to section 742(b) of Public
Law 111–117, I have determined that this order will achieve equal or better environmental or
energy efficiency results than Executive Order 13423. Therefore, Executive Order 13423 of
January 24, 2007, is revoked.
(b) Executive Order 13514 of October 5, 2009; Presidential Memorandum of December 2,
2011 (Implementation of Energy Savings Projects and Performance-Based Contracting for
Energy Savings); section 1 of Presidential Memorandum of February 21, 2012 (Driving
Innovation and Creating Jobs in Rural America through Biobased and Sustainable Product
Procurement); and Presidential Memorandum of December 5, 2013 (Federal Leadership on
Energy Management), are revoked.
(c) Presidential Memorandum of May 24, 2011 (Federal Fleet Performance), is revoked as of
October 1, 2015.
(d) [Amended Ex. Ord. No. 13327, set out as a note under section 121 of Title 40, Public
Buildings, Property, and Works.]
(e) [Amended Ex. Ord. No. 13432, set out as a note under section 7521 of this title.]
(f) [Amended Ex. Ord. No. 13653, set out above.]
(g) [Amended Ex. Ord. No. 13677, set out as a note under section 2151 of Title 22, Foreign
Relations and Intercourse.]
Sec. 17. Limitations. (a) This order shall apply to an agency with respect to the activities,
personnel, resources, and facilities of the agency that are located within the United States. The
head of an agency may provide that this order shall apply in whole or in part with respect to the
activities, personnel, resources, and facilities of the agency that are not located within the
United States, if the head of the agency determines that such application is in the interest of the
United States.
(b) The head of an agency shall manage activities, personnel, resources, and facilities of the
agency that are not located within the United States with respect to which the head of the
agency has not made a determination under subsection (a) of this section in a manner
consistent with the policy set forth in section 1 of this order to the extent the head of the agency
determines practicable.
Sec. 18. Exemption Authority. (a) The Director of National Intelligence may exempt an
intelligence activity of the United States, and related personnel, resources, and facilities, from

the provisions of this order other than this subsection to the extent the Director determines
necessary to protect intelligence sources and methods from unauthorized disclosure.
(b) The head of an agency may exempt law enforcement activities of that agency, and related
personnel, resources, and facilities, from the provisions of this order other than this subsection
to the extent the head of an agency determines necessary to protect undercover operations
from unauthorized disclosure.
(c) The head of an agency may exempt law enforcement, protective, emergency response, or
military tactical vehicle fleets of that agency from the provisions of this order other than this
subsection. Heads of agencies shall manage fleets to which this paragraph refers in a manner
consistent with the policy set forth in section 1 of this order to the extent they determine
practicable.
(d) The head of an agency may exempt particular agency activities and facilities from the
provisions of this order other than this subsection where it is in the interest of national security. If
the head of an agency issues an exemption under this section, the agency must notify the Chair
of CEQ in writing within 30 days of issuance of the exemption under this subsection. 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.
(e) The head of an agency may submit to the President, through the Chair of CEQ, a request
for an exemption of an agency activity, and related personnel, resources, and facilities, from this
order.
Sec. 19. Definitions. As used in this order:
(a) "absolute greenhouse gas emissions" means total greenhouse gas emissions without
normalization for activity levels and includes any allowable consideration of sequestration;
(b) "agency" means an executive agency as defined in section 105 of title 5, United States
Code, excluding the Government Accountability Office;
(c) "alternative energy" means energy generated from technologies and approaches that
advance renewable heat sources, including biomass, solar thermal, geothermal, waste heat,
and renewable combined heat and power processes; combined heat and power; small modular
nuclear reactor technologies; fuel cell energy systems; and energy generation, where active
capture and storage of carbon dioxide emissions associated with that energy generation is
verified;
(d) "alternative fuel vehicle" means vehicles defined by section 301 of the Energy Policy Act
of 1992, as amended (42 U.S.C. 13211), and otherwise includes electric vehicles, hybrid electric
vehicles, plug-in hybrid electric vehicles, dedicated alternative fuel vehicles, dual fueled
alternative fuel vehicles, qualified fuel cell motor vehicles, advanced lean burn technology motor
vehicles, low greenhouse gas vehicles, compressed natural gas powered vehicles, selfpropelled vehicles such as bicycles, and any other alternative fuel vehicles that are defined by
statute;
(e) "clean energy" means renewable electric energy and alternative energy;
(f) "climate resilient design" means to design assets to prepare for, withstand, respond to, or
quickly recover from disruptions due to severe weather events and climate change for the
intended life of the asset;

(g) "construction and demolition materials and debris" means waste materials and debris
generated during construction, renovation, demolition, or dismantling of all structures and
buildings and associated infrastructure;
(h) "Contributing Agencies" are defined as executive agencies that are not subject to the
Chief Financial Officers Act [of 1990] and include Federal Boards, Commissions, and
Committees;
(i) "divert" or "diverting" means redirecting materials from disposal in landfills or incinerators to
recycling or recovery, excluding diversion to waste-to-energy facilities;
(j) "environmentally preferable" means products or services that have a lesser or reduced
effect on human health and the environment when compared with competing products or
services that serve the same purpose. This comparison may consider raw materials acquisition,
production, manufacturing, packaging, distribution, reuse, use, operation, maintenance, or
disposal related to the product or service;
(k) "excluded vehicles and equipment" means any vehicle, vessel, aircraft, or non-road
equipment owned or operated by an agency of the Federal Government that is used in combat
support, combat service support, tactical or relief operations, or training for such operations or
spaceflight vehicles (including associated ground-support equipment);
(l) "Federal facility" means any building or collection of buildings, grounds, or structures, as
well as any fixture or part thereof, which is owned by the United States or any Federal agency or
that is held by the United States or any Federal agency under a lease-acquisition agreement
under which the United States or a Federal agency will receive fee simple title under the terms
of such agreement without further negotiation;
(m) "greenhouse gases" means carbon dioxide, methane, nitrous oxide, hydrofluorocarbons,
perfluorocarbons, nitrogen triflouride [sic], and sulfur hexafluoride;
(n) "life-cycle cost-effective" means the life-cycle costs of a product, project, or measure are
estimated to be equal to or less than the base case (i.e., current or standard practice or
product);
(o) "net-zero energy building" means a building that is designed, constructed, or renovated
and operated such that the actual annual source energy consumption is balanced by on-site
renewable energy;
(p) "net-zero water building" means a building that is designed, constructed, or renovated and
operated to greatly reduce total water consumption, use non-potable sources as much as
possible, and recycle and reuse water in order to return the equivalent amount of water as was
withdrawn from all sources, including municipal supply, without compromising groundwater and
surface water quantity or quality;
(q) "net-zero waste building" means a building that is operated to reduce, reuse, recycle,
compost, or recover solid waste streams (with the exception of hazardous and medical waste)
thereby resulting in zero waste disposal;
(r) "passenger vehicle" means a sedan or station wagon designed primarily to transport
people as defined in [section] 102–34.35 of the Federal Management Regulation;
(s) "power usage effectiveness" means the ratio obtained by dividing the total amount of
electricity and other power consumed in running a data center by the power consumed by the
information and communications technology in the data center;

(t) "Principal Agencies" mean agencies subject to the Chief Financial Officers Act [of 1990]
and agencies subject to the OMB Scorecard process under section 5(b) of this order;
(u) "renewable energy certificate" means the technology and environmental (non-energy)
attributes that represent proof that 1 megawatt-hour (MWh) of electricity was generated from an
eligible renewable energy resource, that can be sold separately from the underlying generic
electricity with which they are associated, and that, for the purposes of section 3(d)(iii) and (iv)
of this order, were produced by sources of renewable energy placed into service within 10 years
prior to the start of the fiscal year;
(v) "renewable electric energy" means energy produced by solar, wind, biomass, landfill gas,
ocean (including tidal, wave, current, and thermal), geothermal, geothermal heat pumps,
microturbines, municipal solid waste, or new hydroelectric generation capacity achieved from
increased efficiency or additions of new capacity at an existing hydroelectric project;
(w) "resilience" means the ability to anticipate, prepare for, and adapt to changing conditions
and withstand, respond to, and recover rapidly from disruptions;
(x) "scope 1, 2, and 3" mean:
(i) scope 1: direct greenhouse gas emissions from sources that are owned or controlled by
the agency;
(ii) scope 2: direct greenhouse gas emissions resulting from the generation of
electricity, heat, or steam purchased by an agency;
(iii) scope 3: greenhouse gas emissions from sources not owned or directly
controlled by an agency but related to agency activities such as vendor supply chains,
delivery and transportation services, and employee travel and commuting;
(y) "United States" means the fifty States, the District of Columbia, the Commonwealth of
Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Northern
Mariana Islands, and associated territorial waters and airspace;
(z) "water balance" means a comparison of the water supplied to a defined system to the
water consumed by that system in order to identify the proportion of water consumed for specific
end-uses and ensure potential water leaks in the system are addressed; and
(aa) "zero emission vehicle" means a vehicle that produces zero exhaust emissions of any
criteria pollutant (or precursor pollutant) or greenhouse gas under any possible operational
modes or conditions.
Sec. 20. General Provisions. (a) Nothing in this order shall be construed to impair or
otherwise affect:
(i) the authority granted by law to an executive department, agency, or the head thereof; or
(ii) the functions of the Director of OMB relating to budgetary, administrative, or legislative
proposals.
(b) This order shall be implemented in a manner consistent with applicable law and subject to
the availability of appropriations.
(c) 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, or entities, its officers, employees, or agents, or any other person.

BARACK OBAMA.

SUBCHAPTER I—POLICIES AND GOALS
§4331. Congressional declaration of national environmental policy
(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, economic, and other requirements
of present and future generations of Americans.
(b) In order to carry out the policy set forth in this chapter, 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 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 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.
(Pub. L. 91–190, title I, §101, Jan. 1, 1970, 83 Stat. 852.)
COMMISSION ON POPULATION GROWTH AND THE AMERICAN FUTURE
Pub. L. 91–213, §§1–9, Mar. 16, 1970, 84 Stat. 67–69, established the Commission on
Population Growth and the American Future to conduct and sponsor such studies and research
and make such recommendations as might be necessary to provide information and education
to all levels of government in the United States, and to our people regarding a broad range of
problems associated with population growth and their implications for America's future;
prescribed the composition of the Commission; provided for the appointment of its members,
and the designation of a Chairman and Vice Chairman; required a majority of the members of

the Commission to constitute a quorum, but allowed a lesser number to conduct hearings;
prescribed the compensation of members of the Commission; required the Commission to
conduct an inquiry into certain prescribed aspects of population growth in the United States and
its foreseeable social consequences; provided for the appointment of an Executive Director and
other personnel and prescribed their compensation; authorized the Commission to enter into
contracts with public agencies, private firms, institutions, and individuals for the conduct of
research and surveys, the preparation of reports, and other activities necessary to the discharge
of its duties, and to request from any Federal department or agency any information and
assistance it deems necessary to carry out its functions; required the General Services
Administration to provide administrative services for the Commission on a reimbursable basis;
required the Commission to submit an interim report to the President and the Congress one
year after it was established and to submit its final report two years after Mar. 16, 1970;
terminated the Commission sixty days after the date of the submission of its final report; and
authorized to be appropriated, out of any money in the Treasury not otherwise appropriated,
such amounts as might be necessary to carry out the provisions of Pub. L. 91–213.
EXECUTIVE ORDER NO. 11507
Ex. Ord. No. 11507, eff. Feb. 4, 1970, 35 F.R. 2573, which related to prevention, control, and
abatement of air and water pollution at federal facilities was superseded by Ex. Ord. No. 11752,
eff. Dec. 17, 1973, 38 F.R. 34793, formerly set out below.
EXECUTIVE ORDER NO. 11752
Ex. Ord. No. 11752, Dec. 17, 1973, 38 F.R. 34793, which related to the prevention, control,
and abatement of environmental pollution at Federal facilities, was revoked by Ex. Ord. No.
12088, Oct. 13, 1978, 43 F.R. 47707, set out as a note under section 4321 of this title.

§4332. Cooperation of agencies; reports; availability of information;
recommendations; international and national coordination of efforts
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 chapter, 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 subchapter II of this chapter, 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.

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, 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 chapter; and further, this subparagraph does not affect the legal sufficiency of statements
prepared by State agencies with less than statewide jurisdiction.1
(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 subchapter II of this
chapter.
(Pub. L. 91–190, title I, §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, §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 [former] chapter 701 of title 49, United States Code [now chapter 509 (§50901 et
seq.) of Title 51, National and Commercial Space Programs], 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.

§4332a. Repealed. Pub. L. 114–94, div. A, title I, §1304(j)(2), Dec. 4, 2015, 129
Stat. 1386
Section, Pub. L. 112–141, div. A, title I, §1319, July 6, 2012, 126 Stat. 551, related to
accelerated decisionmaking in environmental reviews.
EFFECTIVE DATE OF REPEAL
Repeal effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective
Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and
Employees.

§4333. Conformity of administrative procedures to national environmental
policy
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 chapter 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 chapter.
(Pub. L. 91–190, title I, §103, Jan. 1, 1970, 83 Stat. 854.)

§4334. Other statutory obligations of agencies
Nothing in section 4332 or 4333 of this title 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.
(Pub. L. 91–190, title I, §104, Jan. 1, 1970, 83 Stat. 854.)

§4335. Efforts supplemental to existing authorizations

The policies and goals set forth in this chapter are supplementary to those set forth in existing
authorizations of Federal agencies.
(Pub. L. 91–190, title I, §105, Jan. 1, 1970, 83 Stat. 854.)

SUBCHAPTER II—COUNCIL ON ENVIRONMENTAL QUALITY
§4341. Omitted
CODIFICATION
Section, Pub. L. 91–190, title II, §201, Jan. 1, 1970, 83 Stat. 854, which required the
President to transmit to Congress annually an Environmental Quality Report, terminated,
effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a
note under section 1113 of Title 31, Money and Finance. See, also, item 1 on page 41 of House
Document No. 103–7.

§4342. Establishment; membership; Chairman; appointments
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 subchapter I of this chapter; 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.
(Pub. L. 91–190, title II, §202, Jan. 1, 1970, 83 Stat. 854.)
COUNCIL ON ENVIRONMENTAL QUALITY; REDUCTION OF MEMBERS
Provisions stating that notwithstanding this section, the Council was to consist of one
member, appointed by the President, by and with the advice and consent of the Senate, serving
as chairman and exercising all powers, functions, and duties of the Council, were contained in
the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2006,
Pub. L. 109–54, title III, Aug. 2, 2005, 119 Stat. 543, and were repeated in provisions of
subsequent appropriations acts which are not set out in the Code. Similar provisions were also
contained in the following prior appropriations acts:
Pub. L. 108–447, div. I, title III, Dec. 8, 2004, 118 Stat. 3332.
Pub. L. 108–199, div. G, title III, Jan. 23, 2004, 118 Stat. 408.
Pub. L. 108–7, div. K, title III, Feb. 20, 2003, 117 Stat. 514.
Pub. L. 107–73, title III, Nov. 26, 2001, 115 Stat. 686.
Pub. L. 106–377, §1(a)(1) [title III], Oct. 27, 2000, 114 Stat. 1441, 1441A-45.
Pub. L. 106–74, title III, Oct. 20, 1999, 113 Stat. 1084.
Pub. L. 105–276, title III, Oct. 21, 1998, 112 Stat. 2500.

Pub. L. 105–65, title III, Oct. 27, 1997, 111 Stat. 1375.

§4343. Employment of personnel, experts and consultants
(a) The Council may employ such officers and employees as may be necessary to carry out
its functions under this chapter. 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 chapter, in accordance with section 3109 of title 5 (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.
(Pub. L. 91–190, title II, §203, Jan. 1, 1970, 83 Stat. 855; Pub. L. 94–52, §2, July 3, 1975, 89
Stat. 258.)
REFERENCES IN TEXT
The last sentence of section 3109 of title 5, referred to in subsec. (a), probably means the last
sentence of section 3109(b) of title 5, which was the last sentence of that section when the
reference was enacted. Since then, section 3109 of title 5 has been amended to add subsecs.
(c) to (e) at the end.
CODIFICATION
In subsec. (b), "section 1342 of title 31" substituted for "section 3679(b) of the Revised
Statutes (31 U.S.C. 665(b))" on authority of Pub. L. 97–258, §4(b), Sept. 13, 1982, 96 Stat.
1067, the first section of which enacted Title 31, Money and Finance.
AMENDMENTS
1975—Pub. L. 94–52 designated existing provisions as subsec. (a) and added subsec. (b).

§4344. Duties and functions
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 4341 1 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 purpose of determining whether such conditions and
trends are interfering, or are likely to interfere, with the achievement of the policy set
forth in subchapter I of this chapter, 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 subchapter I of this chapter 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.
(Pub. L. 91–190, title II, §204, Jan. 1, 1970, 83 Stat. 855.)
REFERENCES IN TEXT
Section 4341 of this title, referred to in par. (1), was omitted from the Code.
TRANSFER OF FUNCTIONS
So much of functions of Council on Environmental Quality under par. (5) of this section as
pertains to ecological systems transferred to Administrator of Environmental Protection Agency
by Reorg. Plan No. 3 of 1970, §2(a)(5), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. 2086, set out
under section 4321 of this title.
1

See References in Text note below.

§4345. Consultation with Citizens' Advisory Committee on Environmental
Quality and other representatives
In exercising its powers, functions, and duties under this chapter, the Council shall—
(1) consult with the Citizens' 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.
(Pub. L. 91–190, title II, §205, Jan. 1, 1970, 83 Stat. 855.)
REFERENCES IN TEXT
Executive Order numbered 11472, dated May 29, 1969, referred to in par. (1), is set out as a
note under section 4321 of this title.
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.

§4346. Tenure and compensation of members
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
or 1 the Executive Schedule Pay Rates (5 U.S.C. 5315).
(Pub. L. 91–190, title II, §206, Jan. 1, 1970, 83 Stat. 856.)
1

So in original. Probably should be "of".

§4346a. Travel reimbursement by private organizations and Federal, State,
and local governments
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.
(Pub. L. 91–190, title II, §207, as added Pub. L. 94–52, §3, July 3, 1975, 89 Stat. 258.)

§4346b. Expenditures in support of international activities
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.
(Pub. L. 91–190, title II, §208, as added Pub. L. 94–52, §3, July 3, 1975, 89 Stat. 258.)

§4347. Authorization of appropriations
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.
(Pub. L. 91–190, title II, §209, formerly §207, Jan. 1, 1970, 83 Stat. 856, renumbered §209,
Pub. L. 94–52, §3, July 3, 1975, 89 Stat. 258.)

SUBCHAPTER III—MISCELLANEOUS PROVISIONS
§§4361, 4361a. Repealed. Pub. L. 104–66, title II, §2021(k)(1), (2), Dec. 21,
1995, 109 Stat. 728
Section 4361, Pub. L. 94–475, §5, Oct. 11, 1976, 90 Stat. 2071, related to 5-year plan for
research, development, and demonstration.
Section 4361a, Pub. L. 95–155, §4, Nov. 8, 1977, 91 Stat. 1258, related to budget projections
in annual revisions of the plan for research, development, and demonstration.

§4361b. Implementation by Administrator of Environmental Protection
Agency of recommendations of "CHESS" Investigative Report; waiver;
inclusion of status of implementation requirements in annual revisions
of plan for research, development, and demonstration
The Administrator of the Environmental Protection Agency shall implement the
recommendations of the report prepared for the House Committee on Science and Technology
entitled "The Environmental Protection Agency Research Program with primary emphasis on
the Community Health and Environmental Surveillance System (CHESS): An Investigative
Report", unless for any specific recommendation he determines (1) that such recommendation
has been implemented, (2) that implementation of such recommendation would not enhance the
quality of the research, or (3) that implementation of such recommendation will require funding
which is not available. Where such funding is not available, the Administrator shall request the
required authorization or appropriation for such implementation. The Administrator shall report

the status of such implementation in each annual revision of the five-year plan transmitted to the
Congress under section 4361 1 of this title.
(Pub. L. 95–155, §10, Nov. 8, 1977, 91 Stat. 1262.)
REFERENCES IN TEXT
Section 4361 of this title, referred to in text, was repealed by Pub. L. 104–66, title II,
§2021(k)(1), Dec. 21, 1995, 109 Stat. 728.
CODIFICATION
Section was enacted as part of the Environmental Research, Development, and
Demonstration Authorization Act of 1978, and not as part of the National Environmental Policy
Act of 1969 which comprises this chapter.
CHANGE OF NAME
Committee on Science and Technology of House of Representatives changed to Committee
on Science, Space, and Technology of House of Representatives by House Resolution No. 5,
One Hundred Twelfth Congress, Jan. 5, 2011.
1

See References in Text note below.

§4361c. Staff management
(a) Appointments for educational programs
(1) The Administrator is authorized to select and appoint up to 75 full-time permanent staff
members in the Office of Research and Development to pursue full-time educational programs
for the purpose of (A) securing an advanced degree or (B) securing academic training, for the
purpose of making a career change in order to better carry out the Agency's research mission.
(2) The Administrator shall select and appoint staff members for these assignments according
to rules and criteria promulgated by him. The Agency may continue to pay the salary and
benefits of the appointees as well as reasonable and appropriate relocation expenses and
tuition.
(3) The term of each appointment shall be for up to one year, with a single renewal of up to
one year in appropriate cases at the discretion of the Administrator.
(4) Staff members appointed to this program shall not count against any Agency personnel
ceiling during the term of their appointment.

(b) Post-doctoral research fellows
(1) The Administrator is authorized to appoint up to 25 Post-doctoral Research Fellows in
accordance with the provisions of section 213.3102(aa) of title 5 of the Code of Federal
Regulations.
(2) Persons holding these appointments shall not count against any personnel ceiling of the
Agency.

(c) Non-Government research associates
(1) The Administrator is authorized and encouraged to utilize research associates from
outside the Federal Government in conducting the research, development, and demonstration
programs of the Agency.
(2) These persons shall be selected and shall serve according to rules and criteria
promulgated by the Administrator.

(d) Women and minority groups

For all programs in this section, the Administrator shall place special emphasis on providing
opportunities for education and training of women and minority groups.
(Pub. L. 95–477, §6, Oct. 18, 1978, 92 Stat. 1510.)
CODIFICATION
Section was enacted as part of the Environmental Research, Development, and
Demonstration Authorization Act of 1979, and not as part of the National Environmental Policy
Act of 1969 which comprises this chapter.
CONTRACTS BY OFFICE OF RESEARCH AND DEVELOPMENT OF THE ENVIRONMENTAL PROTECTION
AGENCY
Pub. L. 108–7, div. K, title III, Feb. 20, 2003, 117 Stat. 509, provided in part: "That the Office
of Research and Development of the Environmental Protection Agency may hereafter contract
directly with individuals or indirectly with institutions or nonprofit organizations, without regard to
41 U.S.C. 5 [see 41 U.S.C. 6101], for the temporary or intermittent personal services of students
or recent graduates, who shall be considered employees for the purposes of chapters 57 and 81
of title 5, United States Code, relating to compensation for travel and work injuries, and chapter
171 of title 28, United States Code, relating to tort claims, but shall not be considered to be
Federal employees for any other purposes."

§4362. Interagency cooperation on prevention of environmental cancer and
heart and lung disease
(a) Not later than three months after August 7, 1977, there shall be established a Task Force
on Environmental Cancer and Heart and Lung Disease (hereinafter referred to as the "Task
Force"). The Task Force shall include representatives of the Environmental Protection Agency,
the National Cancer Institute, the National Heart, Lung, and Blood Institute, the National Institute
of Occupational Safety and Health, and the National Institute on Environmental Health
Sciences, and shall be chaired by the Administrator (or his delegate).
(b) The Task Force shall—
(1) recommend a comprehensive research program to determine and quantify the
relationship between environmental pollution and human cancer and heart and lung
disease;
(2) recommend comprehensive strategies to reduce or eliminate the risks of cancer
or such other diseases associated with environmental pollution;
(3) recommend research and such other measures as may be appropriate to
prevent or reduce the incidence of environmentally related cancer and heart and lung
diseases;
(4) coordinate research by, and stimulate cooperation between, the Environmental
Protection Agency, the Department of Health and Human Services, and such other
agencies as may be appropriate to prevent environmentally related cancer and heart
and lung diseases; and
(5) report to Congress, not later than one year after August 7, 1977, and annually
thereafter, on the problems and progress in carrying out this section.
(Pub. L. 95–95, title IV, §402, Aug. 7, 1977, 91 Stat. 791; Pub. L. 96–88, title V, §509(b), Oct.
17, 1979, 93 Stat. 695.)
CODIFICATION
Section was enacted as part of the Clean Air Act Amendments of 1977, and not as part of the
National Environmental Policy Act of 1969 which comprises this chapter.
CHANGE OF NAME

"Department of Health and Human Services" substituted for "Department of Health,
Education, and Welfare" in subsec. (b)(4) pursuant to section 509(b) of Pub. L. 96–88, which is
classified to section 3508(b) of Title 20, Education.
EFFECTIVE DATE
Section effective Aug. 7, 1977, except as otherwise expressly provided, see section 406(d) of
Pub. L. 95–95, set out as an Effective Date of 1977 Amendment note under section 7401 of this
title.
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions in subsec. (b)(5) of this section relating
to annual report to Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a
note under section 1113 of Title 31, Money and Finance, and item 18 on page 164 of House
Document No. 103–7.

§4362a. Membership of Task Force on Environmental Cancer and Heart and
Lung Disease
The Director of the National Center for Health Statistics and the head of the Center for
Disease Control (or the successor to such entity) shall each serve as members of the Task
Force on Environmental Cancer and Heart and Lung Disease established under section 4362 of
this title.
(Pub. L. 95–623, §9, Nov. 9, 1978, 92 Stat. 3455.)
CODIFICATION
Section was enacted as part of the Health Services Research, Health Statistics, and Health
Care Technology Act of 1978, and not as part of the National Environmental Policy Act of 1969
which comprises this chapter.
CHANGE OF NAME
Centers for Disease Control changed to Centers for Disease Control and Prevention by Pub.
L. 102–531, title III, §312, Oct. 27, 1992, 106 Stat. 3504.

§4363. Continuing and long-term environmental research and development
The Administrator of the Environmental Protection Agency shall establish a separately
identified program of continuing, long-term environmental research and development for each
activity listed in section 2(a) of this Act. Unless otherwise specified by law, at least 15 per
centum of funds appropriated to the Administrator for environmental research and development
for each activity listed in section 2(a) of this Act shall be obligated and expended for such longterm environmental research and development under this section.
(Pub. L. 96–569, §2(f), Dec. 22, 1980, 94 Stat. 3337.)
REFERENCES IN TEXT
Section 2(a) of this Act, referred to in text, is section 2(a) of Pub. L. 96–569, Dec. 22, 1980,
94 Stat. 3335, which is not classified to the Code.
CODIFICATION
Section was enacted as part of the Environmental Research, Development, and
Demonstration Authorization Act of 1981, and not as part of the National Environmental Policy
Act of 1969 which comprises this chapter.
PRIOR PROVISIONS

Provisions similar to those in this section were contained in the following prior authorization
acts:
1980—Pub. L. 96–229, §2(e), Apr. 7, 1980, 94 Stat. 327.
1977—Pub. L. 95–155, §6, Nov. 8, 1977, 91 Stat. 1259.

§4363a. Pollution control technologies demonstrations
(1) The Administrator shall continue to be responsible for conducting and shall continue to
conduct full-scale demonstrations of energy-related pollution control technologies as necessary
in his judgment to fulfill the provisions of the Clean Air Act as amended [42 U.S.C. 7401 et seq.],
the Federal Water Pollution Control Act as amended [33 U.S.C. 1251 et seq.], and other
pertinent pollution control statutes.
(2) Energy-related environmental protection projects authorized to be administered by the
Environmental Protection Agency under this Act shall not be transferred administratively to the
Department of Energy or reduced through budget amendment. No action shall be taken through
administrative or budgetary means to diminish the ability of the Environmental Protection
Agency to initiate such projects.
(Pub. L. 96–229, §2(d), Apr. 7, 1980, 94 Stat. 327.)
REFERENCES IN TEXT
The Clean Air Act as amended, referred to in par. (1), is act July 14, 1955, ch. 360, 69 Stat.
322, as amended, which is classified generally to chapter 85 (§7401 et seq.) of this title. For
complete classification of this Act to the Code, see Short Title note set out under section 7401 of
this title and Tables.
The Federal Water Pollution Control Act as amended, referred to in par. (1), is act June 30,
1948, ch. 758, as amended generally by Pub. L. 92–500, §2, Oct. 18, 1972, 86 Stat. 816, which
is classified generally to chapter 26 (§1251 et seq.) of Title 33, Navigation and Navigable
Waters. For complete classification of this Act to the Code, see Short Title note set out under
section 1251 of Title 33 and Tables.
This Act, referred to in par. (2), is Pub. L. 96–229, Apr. 7, 1980, 94 Stat. 325, known as the
Environmental, Research, Development, and Demonstration Authorization Act of 1980, which
enacted sections 4363, 4363a, 4369a, and 4370 of this title. For complete classification of this
Act to the Code, see Tables.
CODIFICATION
Section was enacted as part of the Environmental Research, Development, and
Demonstration Authorization Act of 1980, and not as part of the National Environmental Policy
Act of 1969 which comprises this chapter.
PRIOR PROVISIONS
Provisions similar to those in this section were contained in the following prior authorization
act:
1979—Pub. L. 95–477, §2(d), Oct. 18, 1978, 92 Stat. 1508.

§4364. Expenditure of funds for research and development related to
regulatory program activities
(a) Coordination, etc., with research needs and priorities of program offices and
Environmental Protection Agency

The Administrator of the Environmental Protection Agency shall assure that the expenditure
of any funds appropriated pursuant to this Act or any other provision of law for environmental
research and development related to regulatory program activities shall be coordinated with and
reflect the research needs and priorities of the program offices, as well as the overall research
needs and priorities of the Agency, including those defined in the five-year research plan.

(b) Program offices subject to coverage
For purposes of subsection (a) of this section, the appropriate program offices are—
(1) the Office of Air and Waste Management, for air quality activities;
(2) the Office of Water and Hazardous Materials, for water quality activities and
water supply activities;
(3) the Office of Pesticides, for environmental effects of pesticides;
(4) the Office of Solid Waste, for solid waste activities;
(5) the Office of Toxic Substances, for toxic substance activities;
(6) the Office of Radiation Programs, for radiation activities; and
(7) the Office of Noise Abatement and Control, for noise activities.

(c) Report to Congress; contents
The Administrator shall submit to the President and the Congress a report concerning the
most appropriate means of assuring, on a continuing basis, that the research efforts of the
Agency reflect the needs and priorities of the regulatory program offices, while maintaining a
high level of scientific quality. Such report shall be submitted on or before March 31, 1978.
(Pub. L. 95–155, §7, Nov. 8, 1977, 91 Stat. 1259.)
REFERENCES IN TEXT
This Act, referred to in subsec. (a), is Pub. L. 95–155, Nov. 8, 1977, 91 Stat. 1257, as
amended, known as the Environmental Research, Development, and Demonstration
Authorization Act of 1978, which to the extent classified to the Code enacted sections 300j–3a,
4361a, 4361b, and 4363 to 4367 of this title. For complete classification of this Act to the Code,
see Tables.
CODIFICATION
Section was enacted as part of the Environmental Research, Development, and
Demonstration Authorization Act of 1978, and not as part of the National Environmental Policy
Act of 1969 which comprises this chapter.

§4365. Science Advisory Board
(a) Establishment; requests for advice by Administrator of Environmental
Protection Agency and Congressional committees
The Administrator of the Environmental Protection Agency shall establish a Science Advisory
Board which shall provide such scientific advice as may be requested by the Administrator, the
Committee on Environment and Public Works of the United States Senate, or the Committee on
Science, Space, and Technology, on Energy and Commerce, or on Public Works and
Transportation of the House of Representatives.

(b) Membership; Chairman; meetings; qualifications of members
Such Board shall be composed of at least nine members, one of whom shall be designated
Chairman, and shall meet at such times and places as may be designated by the Chairman of
the Board in consultation with the Administrator. Each member of the Board shall be qualified by
education, training, and experience to evaluate scientific and technical information on matters
referred to the Board under this section.

(c) Proposed environmental criteria document, standard, limitation, or regulation;
functions respecting in conjunction with Administrator
(1) The Administrator, at the time any proposed criteria document, standard, limitation, or
regulation under the Clean Air Act [42 U.S.C. 7401 et seq.], the Federal Water Pollution Control
Act [33 U.S.C. 1251 et seq.], the Resource Conservation and Recovery Act of 1976 [42 U.S.C.
6901 et seq.], the Noise Control Act [42 U.S.C. 4901 et seq.], the Toxic Substances Control Act
[15 U.S.C. 2601 et seq.], or the Safe Drinking Water Act [42 U.S.C. 300f et seq.], or under any
other authority of the Administrator, is provided to any other Federal agency for formal review
and comment, shall make available to the Board such proposed criteria document, standard,
limitation, or regulation, together with relevant scientific and technical information in the
possession of the Environmental Protection Agency on which the proposed action is based.
(2) The Board may make available to the Administrator, within the time specified by the
Administrator, its advice and comments on the adequacy of the scientific and technical basis of
the proposed criteria document, standard, limitation, or regulation, together with any pertinent
information in the Board's possession.

(d) Utilization of technical and scientific capabilities of Federal agencies and
national environmental laboratories for determining adequacy of scientific and
technical basis of proposed criteria document, etc.
In preparing such advice and comments, the Board shall avail itself of the technical and
scientific capabilities of any Federal agency, including the Environmental Protection Agency and
any national environmental laboratories.

(e) Committees
(1) Member committees
(A) In general
The Board is authorized to establish such member committees and investigative
panels as the Administrator and the Board determine to be necessary to carry out
this section.

(B) Chairmanship
Each member committee or investigative panel established under this subsection
shall be chaired by a member of the Board.

(2) Agriculture-related committees
(A) In general
The Administrator and the Board—
(i) shall establish a standing agriculture-related committee; and
(ii) may establish such additional agriculture-related committees and
investigative panels as the Administrator and the Board determines to be
necessary to carry out the duties under subparagraph (C).

(B) Membership
The standing committee and each agriculture-related committee or investigative
panel established under subparagraph (A) shall be—
(i) composed of—
(I) such quantity of members as the Administrator and the Board determines
to be necessary; and
(II) individuals who are not members of the Board on the date of
appointment to the committee or investigative panel; and

(ii) appointed by the Administrator and the Board, in consultation with the
Secretary of Agriculture.

(C) Duties
The agriculture-related standing committee and each additional committee and
investigative panel established under subparagraph (A) shall provide scientific and
technical advice to the Board relating to matters referred to the Board that the
Administrator and the Board determines, in consultation with the Secretary of
Agriculture, to have a significant direct impact on enterprises that are engaged in
the business of the production of food and fiber, ranching and raising livestock,
aquaculture, and all other farming- and agriculture-related industries.

(f) Appointment and compensation of secretary and other personnel; compensation
of members
(1) Upon the recommendation of the Board, the Administrator shall appoint a secretary, and
such other employees as deemed necessary to exercise and fulfill the Board's powers and
responsibilities. The compensation of all employees appointed under this paragraph shall be
fixed in accordance with chapter 51 and subchapter III of chapter 53 of title 5.
(2) Members of the Board may be compensated at a rate to be fixed by the President but not
in excess of the maximum rate of pay for grade GS–18, as provided in the General Schedule
under section 5332 of title 5.

(g) Consultation and coordination with Scientific Advisory Panel
In carrying out the functions assigned by this section, the Board shall consult and coordinate
its activities with the Scientific Advisory Panel established by the Administrator pursuant to
section 136w(d) of title 7.

(h) Public participation and transparency
The Board shall make every effort, consistent with applicable law, including section 552 of
title 5 (commonly known as the "Freedom of Information Act") and section 552a of title 5
(commonly known as the "Privacy Act"), to maximize public participation and transparency,
including making the scientific and technical advice of the Board and any committees or
investigative panels of the Board publically available in electronic form on the website of the
Environmental Protection Agency.

(i) Report to Congress
The Administrator shall annually report to the Committees on Environment and Public Works
and Agriculture of the Senate and the Committees on Transportation and Infrastructure, Energy
and Commerce, and Agriculture of the House of Representatives regarding the membership
and activities of the standing agriculture-related committee established pursuant to subsection
(e)(2)(A)(i).
(Pub. L. 95–155, §8, Nov. 8, 1977, 91 Stat. 1260; Pub. L. 96–569, §3, Dec. 22, 1980, 94 Stat.
3337; Pub. L. 103–437, §15(o), Nov. 2, 1994, 108 Stat. 4593; Pub. L. 104–66, title II,
§2021(k)(3), Dec. 21, 1995, 109 Stat. 728; Pub. L. 113–79, title XII, §12307, Feb. 7, 2014, 128
Stat. 989.)
REFERENCES IN TEXT
The Clean Air Act, referred to in subsec. (c)(1), is act July 14, 1955, ch. 360, 69 Stat. 322, as
amended, which is classified generally to chapter 85 (§7401 et seq.) of this title. For complete
classification of this Act to the Code, see Short Title note set out under section 7401 of this title
and Tables.

The Federal Water Pollution Control Act, referred to in subsec. (c)(1), is act June 30, 1948,
ch. 758, as amended generally by Pub. L. 92–500, §2, Oct. 18, 1972, 86 Stat. 816, which is
classified generally to chapter 26 (§1251 et seq.) of Title 33, Navigation and Navigable Waters.
For complete classification of this Act to the Code, see Short Title note set out under section
1251 of Title 33 and Tables.
The Resource Conservation and Recovery Act of 1976, referred to in subsec. (c)(1), is Pub.
L. 94–580, Oct. 21, 1976, 90 Stat. 2796, as amended, which is classified generally to chapter 82
(§6901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title of
1976 Amendment note set out under section 6901 of this title and Tables.
The Noise Control Act, referred to in subsec. (c)(1), probably means the Noise Control Act of
1972, Pub. L. 92–574, Oct. 27, 1972, 86 Stat. 1234, as amended, which is classified principally
to chapter 65 (§4901 et seq.) of this title. For complete classification of this Act to the Code, see
Short Title note set out under section 4901 of this title and Tables.
The Toxic Substances Control Act, referred to in subsec. (c)(1), is Pub. L. 94–469, Oct. 11,
1976, 90 Stat. 2003, as amended, which is classified generally to chapter 53 (§2601 et seq.) of
Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short
Title note set out under section 2601 of Title 15 and Tables.
The Safe Drinking Water Act, referred to in subsec. (c)(1), is title XIV of act July 1, 1944, as
added Dec. 16, 1974, Pub. L. 93–523, §2(a), 88 Stat. 1660, as amended, which is classified
generally to subchapter XII (§300f et seq.) of chapter 6A of this title. For complete classification
of this Act to the Code, see Short Title note set out under section 201 of this title and Tables.
CODIFICATION
Section was enacted as part of the Environmental Research, Development, and
Demonstration Authorization Act of 1978, and not as part of the National Environmental Policy
Act of 1969 which comprises this chapter.
AMENDMENTS
2014—Subsec. (e). Pub. L. 113–79, §12307(1), added subsec. (e) and struck out former
subsec. (e). Text read as follows: "The Board is authorized to constitute such member
committees and investigative panels as the Administrator and the Board find necessary to carry
out this section. Each such member committee or investigative panel shall be chaired by a
member of the Board."
Subsecs. (h), (i). Pub. L. 113–79, §12307(2), added subsecs. (h) and (i).
1995—Subsecs. (c) to (i). Pub. L. 104–66 redesignated subsecs. (e) to (i) as (c) to (g),
respectively, and struck out former subsec. (c) which read as follows: "In addition to providing
scientific advice when requested by the Administrator under subsection (a) of this section, the
Board shall review and comment on the Administration's five-year plan for environmental
research, development, and demonstration provided for by section 4361 of this title and on each
annual revision thereof. Such review and comment shall be transmitted to the Congress by the
Administrator, together with his comments thereon, at the time of the transmission to the
Congress of the annual revision involved."
1994—Subsec. (a). Pub. L. 103–437, §15(o)(1), substituted "Committee on Science, Space,
and Technology, on Energy and Commerce, or on" for "Committees on Science and
Technology, Interstate and Foreign Commerce, or".

Subsec. (d). Pub. L. 103–437, §15(o)(2), struck out subsec. (d) which related to review and
report to Administrator, President, and Congress on health effects research.
1980—Subsec. (a). Pub. L. 96–569 inserted provisions relating to requests by the
enumerated Congressional committees.
CHANGE OF NAME
Committee on Energy and Commerce of House of Representatives treated as referring to
Committee on Commerce of House of Representatives by section 1(a) of Pub. L. 104–14, set
out as a note preceding section 21 of Title 2. Committee on Commerce of House of
Representatives changed to Committee on Energy and Commerce of House of
Representatives, and jurisdiction over matters relating to securities and exchanges and
insurance generally transferred to Committee on Financial Services of House of
Representatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001.
Committee on Public Works and Transportation of House of Representatives treated as
referring to Committee on Transportation and Infrastructure of House of Representatives by
section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2.
TERMINATION OF ADVISORY BOARDS
Advisory boards established after Jan. 5, 1973, to terminate not later than the expiration of
the 2-year period beginning on the date of their establishment, unless, in the case of a board
established by the President or an officer of the Federal Government, such board is renewed by
appropriate action prior to the expiration of such 2-year period, or in the case of a board
established by the Congress, its duration is otherwise provided for by law. See sections 3(2)
and 14 of Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5,
Government Organization and Employees.
REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES
References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay
under the General Schedule, to be considered references to rates payable under specified
sections of Title 5, Government Organization and Employees, see section 529 [title I,
§101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5.

§4366. Identification and coordination of research, development, and
demonstration activities
(a) Consultation and cooperation of Administrator of Environmental Protection
Agency with heads of Federal agencies; inclusion of activities in annual revisions
of plan for research, etc.
The Administrator of the Environmental Protection Agency, in consultation and cooperation
with the heads of other Federal agencies, shall take such actions on a continuing basis as may
be necessary or appropriate—
(1) to identify environmental research, development, and demonstration activities,
within and outside the Federal Government, which may need to be more effectively
coordinated in order to minimize unnecessary duplication of programs, projects, and
research facilities;
(2) to determine the steps which might be taken under existing law, by him and by
the heads of such other agencies, to accomplish or promote such coordination, and to
provide for or encourage the taking of such steps; and
(3) to determine the additional legislative actions which would be needed to assure
such coordination to the maximum extent possible.

The Administrator shall include in each annual revision of the five-year plan provided for by
section 4361 1 of this title a full and complete report on the actions taken and determinations
made during the preceding year under this subsection, and may submit interim reports on such
actions and determinations at such other times as he deems appropriate.

(b) Coordination of programs by Administrator
The Administrator of the Environmental Protection Agency shall coordinate environmental
research, development, and demonstration programs of such Agency with the heads of other
Federal agencies in order to minimize unnecessary duplication of programs, projects, and
research facilities.

(c) Joint study by Council on Environmental Quality in consultation with Office of
Science and Technology Policy for coordination of activities; report to President
and Congress; report by President to Congress on implementation of joint study
and report
(1) In order to promote the coordination of environmental research and development
activities, and to assure that the action taken and methods used (under subsection (a) of this
section and otherwise) to bring about such coordination will be as effective as possible for that
purpose, the Council on Environmental Quality in consultation with the Office of Science and
Technology Policy shall promptly undertake and carry out a joint study of all aspects of the
coordination of environmental research and development. The Chairman of the Council shall
prepare a report on the results of such study, together with such recommendations (including
legislative recommendations) as he deems appropriate, and shall submit such report to the
President and the Congress not later than May 31, 1978.
(2) Not later than September 30, 1978, the President shall report to the Congress on steps he
has taken to implement the recommendations included in the report under paragraph (1),
including any recommendations he may have for legislation.
(Pub. L. 95–155, §9, Nov. 8, 1977, 91 Stat. 1261.)
REFERENCES IN TEXT
Section 4361 of this title, referred to in subsec. (a), was repealed by Pub. L. 104–66, title II,
§2021(k)(1), Dec. 21, 1995, 109 Stat. 728.
CODIFICATION
Section was enacted as part of the Environmental Research, Development, and
Demonstration Authorization Act of 1978, and not as part of the National Environmental Policy
Act of 1969 which comprises this chapter.
COORDINATION OF ENVIRONMENTAL RESEARCH, DEVELOPMENT, AND DEMONSTRATION EFFORTS; STUDY
AND REPORT
Pub. L. 95–477, §3(c), Oct. 18, 1978, 92 Stat. 1509, authorized to be appropriated to the
Environmental Protection Agency for the fiscal year 1979, $1,000,000, and for the fiscal year
1980, $1,000,000, for a study and report, under a contract let by the Administrator, to be
conducted outside the Federal Government, on coordination of the Federal Government's
efforts in environmental research, development, and demonstration, and the application of the
results of such efforts to environmental problems, with the report on the study submitted to the
President, the Administrator, and the Congress within two years after Oct. 18, 1978,
accompanied by recommendations for action by the President, the Administrator, other
agencies, or the Congress, as may be appropriate.

1

See References in Text note below.

§4366a. Omitted
CODIFICATION
Section, Pub. L. 101–617, §4, Nov. 16, 1990, 104 Stat. 3287, which related to development of
data base of environmental research articles indexed by geographic location, expired 10 years
after Nov. 16, 1990, pursuant to section 6 of Pub. L. 101–617, formerly set out as a Termination
Date note under this section.
TERMINATION DATE
Pub. L. 101–617, §6, Nov. 16, 1990, 104 Stat. 3287, provided that Pub. L. 101–617, which
enacted this section and provisions formerly set out under this section, was to expire 10 years
after Nov. 16, 1990.
SHORT TITLE; FINDINGS; PURPOSE; AUTHORIZATION
Pub. L. 101–617, §§1–3, 5, Nov. 16, 1990, 104 Stat. 3287, which provided that Pub. L. 101–
617, which enacted this section and provisions formerly set out under this section, could be
cited as the "Environmental Research Geographic Location Information Act", and further
provided for findings, purpose to develop data base of environmental research articles indexed
by geographic location, and authorization of appropriations, expired 10 years after Nov. 16,
1990, pursuant to section 6 of Pub. L. 101–617, formerly set out as a note under this section.

§4367. Reporting requirements of financial interests of officers and
employees of Environmental Protection Agency
(a) Covered officers and employees
Each officer or employee of the Environmental Protection Agency who—
(1) performs any function or duty under this Act; and
(2) has any known financial interest in any person who applies for or receives
grants, contracts, or other forms of financial assistance under this Act,
shall, beginning on February 1, 1978, annually file with the Administrator a written statement
concerning all such interests held by such officer or employee during the preceding calendar
year. Such statement shall be available to the public.

(b) Implementation of requirements by Administrator
The Administrator shall—
(1) act within ninety days after November 8, 1977—
(A) to define the term "known financial interest" for purposes of subsection (a) of
this section; and
(B) to establish the methods by which the requirement to file written statements
specified in subsection (a) of this section will be monitored and enforced, including
appropriate provision for the filing by such officers and employees of such
statements and the review by the Administrator of such statements; and
(2) Omitted.

(c) Exemption of positions by Administrator
In the rules prescribed under subsection (b) of this section, the Administrator may identify
specific positions of a nonpolicymaking nature within the Administration and provide that officers
or employees occupying such positions shall be exempt from the requirements of this section.

(d) Violations; penalties
Any officer or employee who is subject to, and knowingly violates, this section, shall be fined
not more than $2,500 or imprisoned not more than one year, or both.
(Pub. L. 95–155, §12, Nov. 8, 1977, 91 Stat. 1263.)
REFERENCES IN TEXT
This Act, referred to in subsec. (a)(1), (2), is Pub. L. 95–155, Nov. 8, 1977, 91 Stat. 1257, as
amended, known as the Environmental Research, Development, and Demonstration
Authorization Act of 1978, which to the extent classified to the Code enacted sections 300j–3a,
4361a, 4361b, and 4363 to 4367 of this title. For complete classification of this Act to the Code,
see Tables.
CODIFICATION
Subsec. (b)(2) of this section, which required the Administrator to report to Congress on June
1 of each calendar year with respect to such disclosures and the actions taken in regard thereto
during the preceding calendar year, terminated, effective May 15, 2000, pursuant to section
3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money
and Finance. See, also, item 9 on page 164 of House Document No. 103–7.
Section was enacted as part of the Environmental Research, Development, and
Demonstration Authorization Act of 1978, and not as part of the National Environmental Policy
Act of 1969 which comprises this chapter.

§4368. Grants to qualified citizens groups
(1) There is authorized to be appropriated to the Environmental Protection Agency, for grants
to qualified citizens groups in States and regions, $3,000,000.
(2) Grants under this section may be made for the purpose of supporting and encouraging
participation by qualified citizens groups in determining how scientific, technological, and social
trends and changes affect the future environment and quality of life of an area, and for setting
goals and identifying measures for improvement.
(3) The term "qualified citizens group" shall mean a nonprofit organization of citizens having
an area based focus, which is not single-issue oriented and which can demonstrate a prior
record of interest and involvement in goal-setting and research concerned with improving the
quality of life, including plans to identify, protect and enhance significant natural and cultural
resources and the environment.
(4) A citizens group shall be eligible for assistance only if certified by the Governor in
consultation with the State legislature as a bonafide organization entitled to receive Federal
assistance to pursue the aims of this program. The group shall further demonstrate its capacity
to employ usefully the funds for the purposes of this program and its broad-based
representative nature.
(5) After an initial application for assistance under this section has been approved, the
Administrator may make grants on an annual basis, on condition that the Governor recertify the
group and that the applicant submits to the Administrator annually—
(A) an evaluation of the progress made during the previous year in meeting the
objectives for which the grant was made;
(B) a description of any changes in the objectives of the activities; and
(C) a description of the proposed activities for the succeeding one year period.
(6) A grant made under this program shall not exceed 75 per centum of the estimated cost of
the project or program for which the grant is made, and no group shall receive more than
$50,000 in any one year.

(7) No financial assistance provided under this section shall be used to support lobbying or
litigation by any recipient group.
(Pub. L. 95–477, §3(d), Oct. 18, 1978, 92 Stat. 1509.)
REFERENCES IN TEXT
This section, referred to in par. (5), means section 3 of Pub. L. 95–477, in its entirety, subsec.
(d) of which enacted this section, subsecs. (a) and (b) of which were not classified to the Code,
and subsec. (c) of which is set out as a note under section 4366 of this title.
CODIFICATION
Section was enacted as part of the Environmental Research, Development, and
Demonstration Authorization Act of 1979, and not as part of the National Environmental Policy
Act of 1969 which comprises this chapter.

§4368a. Utilization of talents of older Americans in projects of pollution
prevention, abatement, and control
(a) Technical assistance to environmental agencies
Notwithstanding any other provision of law relating to Federal grants and cooperative
agreements, the Administrator of the Environmental Protection Agency is authorized to make
grants to, or enter into cooperative agreements with, private nonprofit organizations designated
by the Secretary of Labor under title V of the Older Americans Act of 1965 [42 U.S.C. 3056 et
seq.] to utilize the talents of older Americans in programs authorized by other provisions of law
administered by the Administrator (and consistent with such provisions of law) in providing
technical assistance to Federal, State, and local environmental agencies for projects of pollution
prevention, abatement, and control. Funding for such grants or agreements may be made
available from such programs or through title V of the Older Americans Act of 1965 and subtitle
D of title I of the Workforce Innovation and Opportunity Act [29 U.S.C. 3221 et seq.].

(b) Pre-award certifications
Prior to awarding any grant or agreement under subsection (a) of this section, the applicable
Federal, State, or local environmental agency shall certify to the Administrator that such grants
or agreements will not—
(1) result in the displacement of individuals currently employed by the
environmental agency concerned (including partial displacement through reduction of
nonovertime hours, wages, or employment benefits);
(2) result in the employment of any individual when any other person is in a layoff
status from the same or substantially equivalent job within the jurisdiction of the
environmental agency concerned; or
(3) affect existing contracts for services.

(c) Prior appropriation Acts
Grants or agreements awarded under this section shall be subject to prior appropriation Acts.
(Pub. L. 98–313, §2, June 12, 1984, 98 Stat. 235; Pub. L. 105–277, div. A, §101(f) [title VIII,
§405(d)(35), (f)(27)], Oct. 21, 1998, 112 Stat. 2681–337, 2681-426, 2681-434; Pub. L. 113–128,
title V, §512(j), July 22, 2014, 128 Stat. 1709.)
REFERENCES IN TEXT
The Older Americans Act of 1965, referred to in subsec. (a), is Pub. L. 89–73, July 14, 1965,
79 Stat. 218. Title V of the Act, known as the "Community Service Senior Opportunities Act", is
classified generally to subchapter IX (§3056 et seq.) of chapter 35 of this title. For complete

classification of this Act to the Code, see Short Title note set out under section 3001 of this title
and Tables.
The Workforce Innovation and Opportunity Act, referred to in subsec. (a), is Pub. L. 113–128,
July 22, 2014, 128 Stat. 1425. Subsection D of title I of the Act is classified generally to part D
(§3221 et seq.) of subchapter I of chapter 32 of Title 29, Labor. For complete classification of
this Act to the Code, see Short Title note set out under section 3101 of Title 29 and Tables.
CODIFICATION
Section was enacted as part of the Environmental Programs Assistance Act of 1984, and not
as part of the National Environmental Policy Act of 1969 which comprises this chapter.
AMENDMENTS
2014—Subsec. (a). Pub. L. 113–128 substituted "Funding for such grants or agreements may
be made available from such programs or through title V of the Older Americans Act of 1965
and subtitle D of title I of the Workforce Innovation and Opportunity Act" for "Funding for such
grants or agreements may be made available from such programs or through title V of the Older
Americans Act of 1965 and subtitle D of title I of the Workforce Investment Act of 1998".
1998—Subsec. (a). Pub. L. 105–277, §101(f) [title VIII, §405(f)(27)], struck out "title IV of the
Job Training Partnership Act or" after "title V of the Older Americans Act of 1965 and" in last
sentence.
Pub. L. 105–277, §101(f) [title VIII, §405(d)(35)], substituted "and title IV of the Job Training
Partnership Act or subtitle D of title I of the Workforce Investment Act of 1998" for "and title IV of
the Job Training Partnership Act" in second sentence.
EFFECTIVE DATE OF 2014 AMENDMENT
Amendment by Pub. L. 113–128 effective on the first day of the first full program year after
July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as an Effective Date
note under section 3101 of Title 29, Labor.
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by section 101(f) [title VIII, §405(d)(35)] of Pub. L. 105–277 effective Oct. 21,
1998, and amendment by section 101(f) [title VIII, §405(f)(27)] of Pub. L. 105–277 effective July
1, 2000, see section 101(f) [title VIII, §405(g)(1), (2)(B)] of Pub. L. 105–277, set out as a note
under section 3502 of Title 5, Government Organization and Employees.
SHORT TITLE
Pub. L. 98–313, §1, June 12, 1984, 98 Stat. 235, provided that: "This Act [enacting this
section] may be cited as the 'Environmental Programs Assistance Act of 1984'."

§4368b. General assistance program
(a) Short title
This section may be cited as the "Indian Environmental General Assistance Program Act of
1992".

(b) Purposes
The purposes of this section are to—
(1) provide general assistance grants to Indian tribal governments and intertribal
consortia to build capacity to administer environmental regulatory programs that may
be delegated by the Environmental Protection Agency on Indian lands; and

(2) provide technical assistance from the Environmental Protection Agency to
Indian tribal governments and intertribal consortia in the development of multimedia
programs to address environmental issues on Indian lands.

(c) Definitions
For purposes of this section:
(1) The term "Indian tribal government" means any Indian tribe, band, nation, or
other organized group or community, including any Alaska Native village or regional or
village corporation (as defined in, or established pursuant to, the Alaska Native Claims
Settlement Act (43 U.S.C.A. 1601, et seq.)), which is recognized as eligible for the
special services provided by the United States to Indians because of their status as
Indians.
(2) The term "intertribal consortia" or "intertribal consortium" means a partnership
between two or more Indian tribal governments authorized by the governing bodies of
those tribes to apply for and receive assistance pursuant to this section.
(3) The term "Administrator" means the Administrator of the Environmental
Protection Agency.

(d) General assistance program
(1) The Administrator of the Environmental Protection Agency shall establish an Indian
Environmental General Assistance Program that provides grants to eligible Indian tribal
governments or intertribal consortia to cover the costs of planning, developing, and establishing
environmental protection programs consistent with other applicable provisions of law providing
for enforcement of such laws by Indian tribes on Indian lands.
(2) Each grant awarded for general assistance under this subsection for a fiscal year shall be
no less than $75,000, and no single grant may be awarded to an Indian tribal government or
intertribal consortium for more than 10 percent of the funds appropriated under subsection (h) of
this section.
(3) The term of any general assistance award made under this subsection may exceed one
year. Any awards made pursuant to this section shall remain available until expended. An Indian
tribal government or intertribal consortium may receive a general assistance grant for a period
of up to four years in each specific media area.

(e) No reduction in amounts
In no case shall the award of a general assistance grant to an Indian tribal government or
intertribal consortium under this section result in a reduction of Environmental Protection
Agency grants for environmental programs to that tribal government or consortium. Nothing in
this section shall preclude an Indian tribal government or intertribal consortium from receiving
individual media grants or cooperative agreements. Funds provided by the Environmental
Protection Agency through the general assistance program shall be used by an Indian tribal
government or intertribal consortium to supplement other funds provided by the Environmental
Protection Agency through individual media grants or cooperative agreements.

(f) Expenditure of general assistance
Any general assistance under this section shall be expended for the purpose of planning,
developing, and establishing the capability to implement programs administered by the
Environmental Protection Agency and specified in the assistance agreement. Purposes and
programs authorized under this section shall include the development and implementation of
solid and hazardous waste programs for Indian lands. An Indian tribal government or intertribal
consortium receiving general assistance pursuant to this section shall utilize such funds for
programs and purposes to be carried out in accordance with the terms of the assistance
agreement. Such programs and general assistance shall be carried out in accordance with the

purposes and requirements of applicable provisions of law, including the Solid Waste Disposal
Act (42 U.S.C. 6901 et seq.).

(g) Procedures
(1) Within 12 months following October 24, 1992, the Administrator shall promulgate
regulations establishing procedures under which an Indian tribal government or intertribal
consortium may apply for general assistance grants under this section.
(2) The Administrator shall publish regulations issued pursuant to this section in the Federal
Register.
(3) The Administrator shall establish procedures for accounting, auditing, evaluating, and
reviewing any programs or activities funded in whole or in part for a general assistance grant
under this section.

(h) Authorization
There are authorized to be appropriated to carry out the provisions of this section, such sums
as may be necessary for each of the fiscal years 1993, 1994, 1995, 1996, 1997, and 1998.

(i) Report to Congress
The Administrator shall transmit an annual report to the appropriate Committees of the
Congress with jurisdiction over the applicable environmental laws and Indian tribes describing
which Indian tribes or intertribal consortia have been granted approval by the Administrator
pursuant to law to enforce certain environmental laws and the effectiveness of any such
enforcement.
(Pub. L. 95–134, title V, §502, as added Pub. L. 102–497, §11, Oct. 24, 1992, 106 Stat. 3258;
amended Pub. L. 103–155, Nov. 24, 1993, 107 Stat. 1523; Pub. L. 104–233, §1, Oct. 2, 1996,
110 Stat. 3057.)
REFERENCES IN TEXT
The Alaska Native Claims Settlement Act, referred to in subsec. (c)(1), is Pub. L. 92–203,
Dec. 18, 1971, 85 Stat. 688, as amended, which is classified generally to chapter 33 (§1601 et
seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short
Title note set out under section 1601 of Title 43 and Tables.
The Solid Waste Disposal Act, referred to in subsec. (f), is title II of Pub. L. 89–272, Oct. 20,
1965, 79 Stat. 997, as amended generally by Pub. L. 94–580, §2, Oct. 21, 1976, 90 Stat. 2795,
which is classified generally to chapter 82 (§6901 et seq.) of this title. For complete classification
of this Act to the Code, see Short Title note set out under section 6901 of this title and Tables.
CODIFICATION
Section was enacted as the Indian Environmental General Assistance Program Act of 1992
and as part of the Omnibus Territories Act of 1977, and not as part of the National
Environmental Policy Act of 1969 which comprises this chapter.
AMENDMENTS
1996—Subsec. (h). Pub. L. 104–233 substituted "such sums as may be necessary" for
"$15,000,000".
1993—Subsec. (d)(1). Pub. L. 103–155, §3(a), inserted "consistent with other applicable
provisions of law providing for enforcement of such laws by Indian tribes" after "programs".
Subsec. (f). Pub. L. 103–155, §3(b), inserted at end "Such programs and general assistance
shall be carried out in accordance with the purposes and requirements of applicable provisions
of law, including the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.)."

Subsec. (h). Pub. L. 103–155, §1, substituted ", 1994, 1995, 1996, 1997, and 1998" for "and
1994".
Subsec. (i). Pub. L. 103–155, §2, added subsec. (i).

§4369. Miscellaneous reports
(a) Availability to Congressional committees
All reports to or by the Administrator relevant to the Agency's program of research,
development, and demonstration shall promptly be made available to the Committee on
Science, Space, and Technology of the House of Representatives and the Committee on
Environment and Public Works of the Senate, unless otherwise prohibited by law.

(b) Transmittal of jurisdictional information
The Administrator shall keep the Committee on Science, Space, and Technology of the
House of Representatives and the Committee on Environment and Public Works of the Senate
fully and currently informed with respect to matters falling within or related to the jurisdiction of
the committees.

(c) Comment by Government agencies and the public
The reports provided for in section 5910 1 of this title shall be made available to the public for
comment, and to the heads of affected agencies for comment and, in the case of
recommendations for action, for response.

(d) Transmittal of research information to the Department of Energy
For the purpose of assisting the Department of Energy in planning and assigning priorities in
research development and demonstration activities related to environmental control
technologies, the Administrator shall actively make available to the Department all information
on research activities and results of research programs of the Environmental Protection Agency.
(Pub. L. 95–477, §5, Oct. 18, 1978, 92 Stat. 1510; Pub. L. 103–437, §15(c)(6), Nov. 2, 1994,
108 Stat. 4592.)
REFERENCES IN TEXT
Section 5910 of this title, referred to in subsec. (c), was repealed by Pub. L. 104–66, title II,
§2021(i), Dec. 21, 1995, 109 Stat. 727.
CODIFICATION
Section was enacted as part of the Environmental Research, Development, and
Demonstration Authorization Act of 1979, and not as part of the National Environmental Policy
Act of 1969 which comprises this chapter.
AMENDMENTS
1994—Subsecs. (a), (b). Pub. L. 103–437 substituted "Science, Space, and Technology" for
"Science and Technology".
1

See References in Text note below.

§4369a. Reports on environmental research and development activities of
Agency
(a) Reports to keep Congressional committees fully and currently informed

The Administrator shall keep the appropriate committees of the House and the Senate fully
and currently informed about all aspects of the environmental research and development
activities of the Environmental Protection Agency.

(b) Omitted
(Pub. L. 96–229, §4, Apr. 7, 1980, 94 Stat. 328.)
CODIFICATION
Subsec. (b) of this section, which required the Administrator to annually make available to the
appropriate committees of Congress sufficient copies of a report fully describing funds
requested and the environmental research and development activities to be carried out with
these funds, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as
amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, item
24 on page 163 of House Document No. 103–7.
Section was enacted as part of the Environmental Research, Development, and
Demonstration Authorization Act of 1980, and not as part of the National Environmental Policy
Act of 1969 which comprises this chapter.

§4370. Reimbursement for use of facilities
(a) Authority to allow outside groups or individuals to use research and test
facilities; reimbursement
The Administrator is authorized to allow appropriate use of special Environmental Protection
Agency research and test facilities by outside groups or individuals and to receive
reimbursement or fees for costs incurred thereby when he finds this to be in the public interest.
Such reimbursement or fees are to be used by the Agency to defray the costs of use by outside
groups or individuals.

(b) Rules and regulations
The Administrator may promulgate regulations to cover such use of Agency facilities in
accordance with generally accepted accounting, safety, and laboratory practices.

(c) Waiver of reimbursement by Administrator
When he finds it is in the public interest the Administrator may waive reimbursement or fees
for outside use of Agency facilities by nonprofit private or public entities.
(Pub. L. 96–229, §5, Apr. 7, 1980, 94 Stat. 328.)
CODIFICATION
Section was enacted as part of the Environmental Research, Development, and
Demonstration Authorization Act of 1980, and not as part of the National Environmental Policy
Act of 1969 which comprises this chapter.

§4370a. Assistant Administrators of Environmental Protection Agency;
appointment; duties
(a) The President, by and with the advice and consent of the Senate, may appoint three
Assistant Administrators of the Environmental Protection Agency in addition to—
(1) the five Assistant Administrators provided for in section 1(d) of Reorganization
Plan Numbered 3 of 1970 (5 U.S.C. Appendix);
(2) the Assistant Administrator provided by section 2625(g) of title 15; and
(3) the Assistant Administrator provided by section 6911a of this title.

(b) Each Assistant Administrator appointed under subsection (a) of this section shall perform
such duties as the Administrator of the Environmental Protection Agency may prescribe.
(Pub. L. 98–80, §1, Aug. 23, 1983, 97 Stat. 485.)
REFERENCES IN TEXT
Reorganization Plan Numbered 3 of 1970, referred to in subsec. (a)(1), is set out under
section 4321 of this title.
CODIFICATION
Section was not enacted as part of the National Environmental Policy Act of 1969 which
comprises this chapter.

§4370b. Availability of fees and charges to carry out Agency programs
Notwithstanding any other provision of law, after September 30, 1990, amounts deposited in
the Licensing and Other Services Fund from fees and charges assessed and collected by the
Administrator for services and activities carried out pursuant to the statutes administered by the
Environmental Protection Agency shall thereafter be available to carry out the Agency's
activities in the programs for which the fees or charges are made.
(Pub. L. 101–144, title III, Nov. 9, 1989, 103 Stat. 858.)
CODIFICATION
Section was enacted as part of the Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act, 1990, and not as part of the
National Environmental Policy Act of 1969 which comprises this chapter.

§4370c. Environmental Protection Agency fees
(a) Assessment and collection
The Administrator of the Environmental Protection Agency shall, by regulation, assess and
collect fees and charges for services and activities carried out pursuant to laws administered by
the Environmental Protection Agency.

(b) Amount of fees and charges
Fees and charges assessed pursuant to this section shall be in such amounts as may be
necessary to ensure that the aggregate amount of fees and charges collected pursuant to this
section, in excess of the amount of fees and charges collected under current law—
(1) in fiscal year 1991, is not less than $28,000,000; and
(2) in each of fiscal years 1992, 1993, 1994, and 1995, is not less than
$38,000,000.

(c) Limitation on fees and charges
(1) The maximum aggregate amount of fees and charges in excess of the amounts being
collected under current law which may be assessed and collected pursuant to this section in a
fiscal year—
(A) for services and activities carried out pursuant ot 1 the Federal Water Pollution
Control Act [33 U.S.C. 1251 et seq.] is $10,000,000; and
(B) for services and activities in programs within the jurisdiction of the House
Committee on Energy and Commerce and administered by the Environmental
Protection Agency through the Administrator, shall be limited to such sums collected
as of November 5, 1990, pursuant to sections 2625(b) and 2665(e)(2) 2 of title 15, and
such sums specifically authorized by the Clean Air Act Amendments of 1990.

(2) Any remaining amounts required to be collected under this section shall be collected from
services and programs administered by the Environmental Protection Agency other than those
specified in subparagraphs (A) and (B) of paragraph (1).

(d) Rule of construction
Nothing in this section increases or diminishes the authority of the Administrator to
promulgate regulations pursuant to section 9701 of title 31.

(e) Uses of fees
Fees and charges collected pursuant to this section shall be deposited into a special account
for environmental services in the Treasury of the United States. Subject to appropriation Acts,
such funds shall be available to the Environmental Protection Agency to carry out the activities
for which such fees and charges are collected. Such funds shall remain available until
expended.
(Pub. L. 101–508, title VI, §6501, Nov. 5, 1990, 104 Stat. 1388–320.)
REFERENCES IN TEXT
The Federal Water Pollution Control Act, referred to in subsec. (c)(1)(A), is act June 30, 1948,
ch. 758, as amended generally by Pub. L. 92–500, §2, Oct. 18, 1972, 86 Stat. 816, which is
classified generally to chapter 26 (§1251 et seq.) of Title 33, Navigation and Navigable Waters.
For complete classification of this Act to the Code, see Short Title note set out under section
1251 of Title 33 and Tables.
Section 2665(e)(2) of title 15, referred to in subsec. (c)(1)(B), was redesignated section
2665(d)(2) of Title 15, Commerce and Trade, by Pub. L. 104–66, title II, §2021(l)(2), Dec. 21,
1995, 109 Stat. 728.
The Clean Air Act Amendments of 1990, referred to in subsec. (c)(1)(B), means Pub. L. 101–
549, Nov. 15, 1990, 104 Stat. 2399. For complete classification of this Act to the Code, see
Short Title of 1990 Amendment note set out under section 7401 of this title and Tables.
CODIFICATION
In subsec. (d), "section 9701 of title 31" was in the original "the Independent Office
Appropriations Act (31 U.S.C. 9701)" and substitution was made as if it read for "title V of the
Independent Offices Appropriation Act of 1952" on authority of Pub. L. 97–258, §4(b), Sept. 13,
1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.
Section was enacted as part of the Omnibus Budget Reconciliation Act of 1990, and not as
part of the National Environmental Policy Act of 1969 which comprises this chapter.
CHANGE OF NAME
Committee on Energy and Commerce of House of Representatives treated as referring to
Committee on Commerce of House of Representatives by section 1(a) of Pub. L. 104–14, set
out as a note preceding section 21 of Title 2, The Congress. Committee on Commerce of House
of Representatives changed to Committee on Energy and Commerce of House of
Representatives, and jurisdiction over matters relating to securities and exchanges and
insurance generally transferred to Committee on Financial Services of House of
Representatives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001.
1

So in original. Probably should be "to".

2

See References in Text note below.

§4370d. Percentage of Federal funding for organizations owned by socially
and economically disadvantaged individuals
The Administrator of the Environmental Protection Agency shall, on and after October 6,
1992, to the fullest extent possible, ensure that at least 8 per centum of Federal funding for
prime and subcontracts awarded in support of authorized programs, including grants, loans, and
contracts for wastewater treatment and leaking underground storage tanks grants, be made
available to business concerns or other organizations owned or controlled by socially and
economically disadvantaged individuals (within the meaning of section 637(a)(5) and (6) of title
15), including historically black colleges and universities. For purposes of this section,
economically and socially disadvantaged individuals shall be deemed to include women.
(Pub. L. 102–389, title III, Oct. 6, 1992, 106 Stat. 1602.)
CODIFICATION
Section was enacted as part of the Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act, 1993, and not as part of the
National Environmental Policy Act of 1969 which comprises this chapter.

§4370e. Working capital fund in Treasury
There is hereby established in the Treasury a "Working capital fund", to be available without
fiscal year limitation for expenses and equipment necessary for the maintenance and operation
of such administrative services as the Administrator determines may be performed more
advantageously as central services: Provided, That any inventories, equipment, and other
assets pertaining to the services to be provided by such fund, either on hand or on order, less
the related liabilities or unpaid obligations, and any appropriations made hereafter for the
purpose of providing capital, shall be used to capitalize such fund: Provided further, That such
fund shall be paid in advance or reimbursed from funds available to the Agency and other
Federal agencies for which such centralized services are performed, at rates which will return in
full all expenses of operation, including accrued leave, depreciation of fund plant and
equipment, amortization of automated data processing (ADP) software and systems (either
acquired or donated), and an amount necessary to maintain a reasonable operating reserve, as
determined by the Administrator: Provided further, That such fund shall provide services on a
competitive basis: Provided further, That an amount not to exceed four percent of the total
annual income to such fund may be retained in the fund for fiscal year 1997 and each fiscal year
thereafter, to remain available until expended, to be used for the acquisition of capital
equipment and for the improvement and implementation of Agency financial management, ADP,
and other support systems: Provided further, That no later than thirty days after the end of each
fiscal year amounts in excess of this reserve limitation shall be transferred to the Treasury.
(Pub. L. 104–204, title III, Sept. 26, 1996, 110 Stat. 2912; Pub. L. 105–65, title III, Oct. 27, 1997,
111 Stat. 1374; Pub. L. 105–276, title III, Oct. 21, 1998, 112 Stat. 2499.)
CODIFICATION
Section was formerly set out as a note under section 501 of Title 31, Money and Finance.
Section was enacted as part of the Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act, 1997, and not as part of the
National Environmental Policy Act of 1969 which comprises this chapter.
AMENDMENTS

1998—Pub. L. 105–276, which directed the insertion of "or reimbursed" after "that such fund
shall be paid in advance", was executed by making the insertion after "That such fund shall be
paid in advance", to reflect the probable intent of Congress.
1997—Pub. L. 105–65 substituted "a 'Working capital fund' to be available without fiscal year
limitation for expenses and equipment" for "a franchise fund pilot to be known as the 'Working
capital fund', as authorized by section 403 of Public Law 103–356, to be available as provided in
such section for expenses and equipment" and struck out proviso at end which read ": Provided
further, That such franchise fund pilot shall terminate pursuant to section 403(f) of Public Law
103–356".

§4370f. Availability of funds after expiration of period for liquidating
obligations
For fiscal year 2001 and thereafter, the obligated balances of sums available in multiple-year
appropriations accounts shall remain available through the seventh fiscal year after their period
of availability has expired for liquidating obligations made during the period of availability.
(Pub. L. 106–377, §1(a)(1) [title III], Oct. 27, 2000, 114 Stat. 1441, 1441A-44.)
CODIFICATION
Section was enacted as part of the Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act, 2001, and not as part of the
National Environmental Policy Act of 1969 which comprises this chapter.

§4370g. Availability of funds for uniforms and certain services
For fiscal year 2009 and thereafter, the Science and Technology and Environmental
Programs and Management Accounts are available for uniforms, or allowances therefore, 1 as
authorized by sections 5901 and 5902 of title 5 and for services as authorized by section 3109
of title 5, but at rates for individuals not to exceed the daily equivalent of the rate paid for level IV
of the Executive Schedule.
(Pub. L. 111–8, div. E, title II, Mar. 11, 2009, 123 Stat. 728.)
REFERENCES IN TEXT
Level IV of the Executive Schedule, referred to in text, is set out under section 5315 of Title 5,
Government Organization and Employees.
CODIFICATION
Section was enacted as part of the Department of the Interior, Environment, and Related
Agencies Appropriations Act, 2009, and also as part of the Omnibus Appropriations Act, 2009,
and not as part of the National Environmental Policy Act of 1969 which comprises this chapter.
1

So in original. Probably should be "therefor,".

§4370h. Availability of funds for facilities
For fiscal year 2009 and thereafter, the Science and Technology, Environmental Programs
and Management, Office of Inspector General, Hazardous Substance Superfund, and Leaking
Underground Storage Tank Trust Fund Program Accounts, are available for the construction,
alteration, repair, rehabilitation, and renovation of facilities provided that the cost does not
exceed $85,000 per project.
(Pub. L. 111–8, div. E, title II, Mar. 11, 2009, 123 Stat. 729.)

CODIFICATION
Section was enacted as part of the Department of the Interior, Environment, and Related
Agencies Appropriations Act, 2009, and also as part of the Omnibus Appropriations Act, 2009,
and not as part of the National Environmental Policy Act of 1969 which comprises this chapter.

SUBCHAPTER IV—FEDERAL PERMITTING IMPROVEMENT
§4370m. Definitions
In this subchapter:

(1) Agency
The term "agency" has the meaning given the term in section 551 of title 5.

(2) Agency CERPO
The term "agency CERPO" means the chief environmental review and permitting
officer of an agency, as designated by the head of the agency under section 4370m–
1(b)(2)(A)(iii)(I) of this title.

(3) Authorization
The term "authorization" means any license, permit, approval, finding,
determination, or other administrative decision issued by an agency that is required or
authorized under Federal law in order to site, construct, reconstruct, or commence
operations of a covered project administered by a Federal agency or, in the case of a
State that chooses to participate in the environmental review and authorization
process in accordance with section 4370m–2(c)(3)(A) of this title, a State agency.

(4) Cooperating agency
The term "cooperating agency" means any agency with—
(A) jurisdiction under Federal law; or
(B) special expertise as described in section 1501.6 of title 40, Code of Federal
Regulations (as in effect on December 4, 2015).

(5) Council
The term "Council" means the Federal Infrastructure Permitting Improvement
Steering Council 1 established under section 4370m–1(a) of this title.

(6) Covered project
(A) In general
The term "covered project" means any activity in the United States that requires
authorization or environmental review by a Federal agency involving construction of
infrastructure for renewable or conventional energy production, electricity
transmission, surface transportation, aviation, ports and waterways, water resource
projects, broadband, pipelines, manufacturing, or any other sector as determined by
a majority vote of the Council that—
(i)(I) is subject to NEPA;
(II) is likely to require a total investment of more than $200,000,000; and
(III) does not qualify for abbreviated authorization or environmental review
processes under any applicable law; or

(ii) is subject to NEPA and the size and complexity of which, in the opinion of
the Council, make the project likely to benefit from enhanced oversight and
coordination, including a project likely to require—
(I) authorization from or environmental review involving more than 2 Federal
agencies; or
(II) the preparation of an environmental impact statement under NEPA.

(B) Exclusion
The term "covered project" does not include—
(i) any project subject to section 139 of title 23; or
(ii) any project subject to section 2348 of title 33.

(7) Dashboard
The term "Dashboard" means the Permitting Dashboard required under section
4370m–2(b) of this title.

(8) Environmental assessment
The term "environmental assessment" means a concise public document for which
a Federal agency is responsible under section 1508.9 of title 40, Code of Federal
Regulations (or successor regulations).

(9) Environmental document
(A) In general
The term "environmental document" means an environmental assessment,
finding of no significant impact, notice of intent, environmental impact statement, or
record of decision.

(B) Inclusions
The term "environmental document" includes—
(i) any document that is a supplement to a document described in
subparagraph (A); and
(ii) a document prepared pursuant to a court order.

(10) Environmental impact statement
The term "environmental impact statement" means the detailed written statement
required under section 102(2)(C) of NEPA [42 U.S.C. 4332(2)(C)].

(11) Environmental review
The term "environmental review" means the agency procedures and processes for
applying a categorical exclusion or for preparing an environmental assessment, an
environmental impact statement, or other document required under NEPA.

(12) Executive Director
The term "Executive Director" means the Executive Director appointed by the
President under section 4370m–1(b)(1)(A) of this title.

(13) Facilitating agency
The term "facilitating agency" means the agency that receives the initial notification
from the project sponsor required under section 4370m–2(a) of this title.

(14) Inventory
The term "inventory" means the inventory of covered projects established by the
Executive Director under section 4370m–1(c)(1)(A) of this title.

(15) Lead agency
The term "lead agency" means the agency with principal responsibility for an
environmental review of a covered project under NEPA and parts 1500 through 1508
of title 40, Code of Federal Regulations (or successor regulations).

(16) NEPA
The term "NEPA" means the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).

(17) Participating agency
The term "participating agency" means an agency participating in an environmental
review or authorization for a covered project in accordance with section 4370m–2 of
this title.

(18) Project sponsor
The term "project sponsor" means an entity, including any private, public, or publicprivate entity, seeking an authorization for a covered project.
(Pub. L. 114–94, div. D, title XLI, §41001, Dec. 4, 2015, 129 Stat. 1741.)
REFERENCES IN TEXT
The National Environmental Policy Act of 1969 or NEPA, referred to in pars. (6)(A), (11), and
(15) and defined in (16), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified
generally to this chapter. For complete classification of this Act to the Code, see Short Title note
set out under section 4321 of this title and Tables.
CODIFICATION
Section was enacted as part of the Fixing America's Surface Transportation Act, also known
as the FAST Act, and not as part of the National Environmental Policy Act of 1969 which
comprises this chapter.
SAVINGS CLAUSE
Pub. L. 114–94, div. A, title XI, §11503(b), Dec. 4, 2015, 129 Stat. 1692, provided that:
"Except as expressly provided in section 41003(f) [42 U.S.C. 4370m–2(f)] and subsection (o) of
section 139 of title 23, United States Code, the requirements and other provisions of title 41 of
this Act [probably means title XLI of div. D of Pub. L. 114–94, 42 U.S.C. 4370m et seq.] shall not
apply to—
"(1) programs administered now and in the future by the Department of
Transportation or its operating administrations under title 23, 46, or 49, United States
Code, including direct loan and loan guarantee programs, or other Federal statutes or
programs or projects administered by an agency pursuant to their authority under title
49, United States Code; or
"(2) any project subject to section 2045 of the Water Resources Development Act
of 2007 (33 U.S.C. 2348)."
PLACEMENT IN UNITED STATES CODE
Pub. L. 114–94, div. D, title XLI, §41014, Dec. 4, 2015, 129 Stat. 1762, provided that: "The
Office of the Law Revision Counsel is directed to place sections 41001 through 41013 of this
title in chapter 55 of title 42, United States Code, as subchapter IV."

1

So in original. Probably should be "Federal Permitting Improvement Steering
Council".

§4370m–1. Federal Permitting Improvement Council
(a) Establishment
There is established the Federal Permitting Improvement Steering Council.

(b) Composition
(1) Chair
The Executive Director shall—
(A) be appointed by the President; and
(B) serve as Chair of the Council.

(2) Council members
(A) In general
(i) Designation by head of agency
Each individual listed in subparagraph (B) shall designate a member of the
agency in which the individual serves to serve on the Council.

(ii) Qualifications
A councilmem-ber 1 described in clause (i) shall hold a position in the agency
of deputy secretary (or the equivalent) or higher.

(iii) Support
(I) In general
Consistent with guidance provided by the Director of the Office of
Management and Budget, each individual listed in subparagraph (B) shall
designate 1 or more appropriate members of the agency in which the
individual serves to serve as an agency CERPO.

(II) Reporting
In carrying out the duties of the agency CERPO under this subchapter, an
agency CERPO shall report directly to a deputy secretary (or the equivalent) or
higher.

(B) Heads of agencies
The individuals that shall each designate a councilmember under this
subparagraph are as follows:
(i) The Secretary of Agriculture.
(ii) The Secretary of the Army.
(iii) The Secretary of Commerce.
(iv) The Secretary of the Interior.
(v) The Secretary of Energy.
(vi) The Secretary of Transportation.
(vii) The Secretary of Defense.
(viii) The Administrator of the Environmental Protection Agency.
(ix) The Chairman of the Federal Energy Regulatory Commission.
(x) The Chairman of the Nuclear Regulatory Commission.
(xi) The Secretary of Homeland Security.
(xii) The Secretary of Housing and Urban Development.

(xiii) The Chairman of the Advisory Council on Historic Preservation.
(xiv) Any other head of a Federal agency that the Executive Director may invite
to participate as a member of the Council.

(3) Additional members
In addition to the members listed in paragraphs (1) and (2), the Chairman of the
Council on Environmental Quality and the Director of the Office of Management and
Budget shall also be members of the Council.

(c) Duties
(1) Executive Director
(A) Inventory development
The Executive Director, in consultation with the Council, shall—
(i) not later than 180 days after December 4, 2015, establish an inventory of
covered projects that are pending the environmental review or authorization of
the head of any Federal agency;
(ii)(I) categorize the projects in the inventory as appropriate, based on sector
and project type; and
(II) for each category, identify the types of environmental reviews and
authorizations most commonly involved; and
(iii) add a covered project to the inventory after receiving a notice described in
section 4370m–2(a)(1) of this title.

(B) Facilitating agency designation
The Executive Director, in consultation with the Council, shall—
(i) designate a facilitating agency for each category of covered projects
described in subparagraph (A)(ii); and
(ii) publish the list of designated facilitating agencies for each category of
projects in the inventory on the Dashboard in an easily accessible format.

(C) Performance schedules
(i) In general
Not later than 1 year after December 4, 2015, the Executive Director, in
consultation with the Council, shall develop recommended performance
schedules, including intermediate and final completion dates, for environmental
reviews and authorizations most commonly required for each category of
covered projects described in subparagraph (A)(ii).

(ii) Requirements
(I) In general
The performance schedules shall reflect employment of the use of the most
efficient applicable processes, including the alignment of Federal reviews of
projects and reduction of permitting and project delivery time.

(II) Limit
(aa) In general
The final completion dates in any performance schedule for the
completion of an environmental review or authorization under clause (i) shall
not exceed the average time to complete an environmental review or
authorization for a project within that category.

(bb) Calculation of average time
The average time referred to in item (aa) shall be calculated on the basis
of data from the preceding 2 calendar years and shall run from the period
beginning on the date on which the Executive Director must make a specific
entry for the project on the Dashboard under section 4370m–2(b)(2) of this
title (except that, for projects initiated before that duty takes effect, the
period beginning on the date of filing of a completed application), and
ending on the date of the issuance of a record of decision or other final
agency action on the review or authorization.

(cc) Completion date
Each performance schedule shall specify that any decision by an agency
on an environmental review or authorization must be issued not later than
180 days after the date on which all information needed to complete the
review or authorization (including any hearing that an agency holds on the
matter) is in the possession of the agency.

(iii) Review and revision
Not later than 2 years after the date on which the performance schedules are
established under this subparagraph, and not less frequently than once every 2
years thereafter, the Executive Director, in consultation with the Council, shall
review and revise the performance schedules.

(D) Guidance
The Executive Director, in consultation with the Council, may recommend to the
Director of the Office of Management and Budget or to the Council on
Environmental Quality, as appropriate, that guidance be issued as necessary for
agencies—
(i) to carry out responsibilities under this subchapter; and
(ii) to effectuate the adoption by agencies of the best practices and
recommendations of the Council described in paragraph (2).

(2) Council
(A) Recommendations
(i) In general
The Council shall make recommendations to the Executive Director with
respect to the designations under paragraph (1)(B) and the performance
schedules under paragraph (1)(C).

(ii) Update
The Council may update the recommendations described in clause (i).

(B) Best practices
Not later than 1 year after December 4, 2015, and not less frequently than
annually thereafter, the Council shall issue recommendations on the best practices
for—
(i) enhancing early stakeholder engagement, including fully considering and,
as appropriate, incorporating recommendations provided in public comments on
any proposed covered project;
(ii) ensuring timely decisions regarding environmental reviews and
authorizations, including through the development of performance metrics;

(iii) improving coordination between Federal and non-Federal governmental
entities, including through the development of common data standards and
terminology across agencies;
(iv) increasing transparency;
(v) reducing information collection requirements and other administrative
burdens on agencies, project sponsors, and other interested parties;
(vi) developing and making available to applicants appropriate geographic
information systems and other tools;
(vii) creating and distributing training materials useful to Federal, State, tribal,
and local permitting officials; and
(viii) addressing other aspects of infrastructure permitting, as determined by
the Council.

(C) Meetings
The Council shall meet not less frequently than annually with groups or
individuals representing State, tribal, and local governments that are engaged in the
infrastructure permitting process.

(3) Agency CERPOs
An agency CERPO shall—
(A) advise the respective agency councilmember on matters related to
environmental reviews and authorizations;
(B) provide technical support, when requested to facilitate efficient and timely
processes for environmental reviews and authorizations for covered projects under
the jurisdictional responsibility of the agency, including supporting timely
identification and resolution of potential disputes within the agency or between the
agency and other Federal agencies;
(C) analyze agency environmental review and authorization processes, policies,
and authorities and make recommendations to the respective agency
councilmember for ways to standardize, simplify, and improve the efficiency of the
processes, policies, and authorities, including by implementing guidance issued
under paragraph (1)(D) and other best practices, including the use of information
technology and geographic information system tools within the agency and across
agencies, to the extent consistent with existing law; and
(D) review and develop training programs for agency staff that support and
conduct environmental reviews or authorizations.

(d) Administrative support
The Director of the Office of Management and Budget shall designate a Federal agency,
other than an agency that carries out or provides support only for projects that are not covered
projects, to provide administrative support for the Executive Director, and the designated
agency shall, as reasonably necessary, provide support and staff to enable the Executive
Director to fulfill the duties of the Executive Director under this subchapter.
(Pub. L. 114–94, div. D, title XLI, §41002, Dec. 4, 2015, 129 Stat. 1743.)
CODIFICATION
Section was enacted as part of the Fixing America's Surface Transportation Act, also known
as the FAST Act, and not as part of the National Environmental Policy Act of 1969 which
comprises this chapter.
1

So in original.

§4370m–2. Permitting process improvement
(a) Project initiation and designation of participating agencies
(1) Notice
(A) In general
A project sponsor of a covered project shall submit to the Executive Director and
the facilitating agency notice of the initiation of a proposed covered project.

(B) Default designation
If, at the time of submission of the notice under subparagraph (A), the Executive
Director has not designated a facilitating agency under section 4370m–1(c)(1)(B) of
this title for the categories of projects noticed, the agency that receives the notice
under subparagraph (A) shall be designated as the facilitating agency.

(C) Contents
Each notice described in subparagraph (A) shall include—
(i) a statement of the purposes and objectives of the proposed project;
(ii) a concise description, including the general location of the proposed project
and a summary of geospatial information, if available, illustrating the project area
and the locations, if any, of environmental, cultural, and historic resources;
(iii) a statement regarding the technical and financial ability of the project
sponsor to construct the proposed project;
(iv) a statement of any Federal financing, environmental reviews, and
authorizations anticipated to be required to complete the proposed project; and
(v) an assessment that the proposed project meets the definition of a covered
project under section 4370m of this title and a statement of reasons supporting
the assessment.

(2) Invitation
(A) In general
Not later than 45 days after the date on which the Executive Director must make
a specific entry for the project on the Dashboard under subsection (b)(2)(A), the
facilitating agency or lead agency, as applicable, shall—
(i) identify all Federal and non-Federal agencies and governmental entities
likely to have financing, environmental review, authorization, or other
responsibilities with respect to the proposed project; and
(ii) invite all Federal agencies identified under clause (i) to become a
participating agency or a cooperating agency, as appropriate, in the
environmental review and authorization management process described in
section 4370m–4 of this title.

(B) Deadlines
Each invitation made under subparagraph (A) shall include a deadline for a
response to be submitted to the facilitating or lead agency, as applicable.

(3) Participating and cooperating agencies
(A) In general
An agency invited under paragraph (2) shall be designated as a participating or
cooperating agency for a covered project, unless the agency informs the facilitating

or lead agency, as applicable, in writing before the deadline under paragraph (2)(B)
that the agency—
(i) has no jurisdiction or authority with respect to the proposed project; or
(ii) does not intend to exercise authority related to, or submit comments on, the
proposed project.

(B) Changed circumstances
On request and a showing of changed circumstances, the Executive Director
may designate an agency that has opted out under subparagraph (A)(ii) to be a
participating or cooperating agency, as appropriate.

(4) Effect of designation
The designation described in paragraph (3) shall not—
(A) give the participating agency authority or jurisdiction over the covered project;
or
(B) expand any jurisdiction or authority a cooperating agency may have over the
proposed project.

(5) Lead agency designation
(A) In general
On establishment of the lead agency, the lead agency shall assume the
responsibilities of the facilitating agency under this subchapter.

(B) Redesignation of facilitating agency
If the lead agency assumes the responsibilities of the facilitating agency under
subparagraph (A), the facilitating agency may be designated as a cooperative or
participating agency.

(6) Change of facilitating or lead agency
(A) In general
On the request of a participating agency or project sponsor, the Executive
Director may designate a different agency as the facilitating or lead agency, as
applicable, for a covered project, if the facilitating or lead agency or the Executive
Director receives new information regarding the scope or nature of a covered
project that indicates that the project should be placed in a different category under
section 4370m–1(c)(1)(B) of this title.

(B) Resolution of dispute
The Chairman of the Council on Environmental Quality shall resolve any dispute
over designation of a facilitating or lead agency for a particular covered project.

(b) Permitting dashboard
(1) Requirement to maintain
(A) In general
The Executive Director, in coordination with the Administrator of General
Services, shall maintain an online database to be known as the "Permitting
Dashboard" to track the status of Federal environmental reviews and authorizations
for any covered project in the inventory described in section 4370m–1(c)(1)(A) of
this title.

(B) Specific and searchable entry

The Dashboard shall include a specific and searchable entry for each covered
project.

(2) Additions
(A) In general
(i) Existing projects
Not later than 14 days after the date on which the Executive Director adds a
project to the inventory under section 4370m–1(c)(1)(A) of this title, the Executive
Director shall create a specific entry on the Dashboard for the covered project.

(ii) New projects
Not later than 14 days after the date on which the Executive Director receives
a notice under subsection (a)(1), the Executive Director shall create a specific
entry on the Dashboard for the covered project, unless the Executive Director,
facilitating agency, or lead agency, as applicable, determines that the project is
not a covered project.

(B) Explanation
If the facilitating agency or lead agency, as applicable, determines that the
project is not a covered project, the project sponsor may submit a further
explanation as to why the project is a covered project not later than 14 days after
the date of the determination under subparagraph (A).

(C) Final determination
Not later than 14 days after receiving an explanation described in subparagraph
(B), the Executive Director shall—
(i) make a final and conclusive determination as to whether the project is a
covered project; and
(ii) if the Executive Director determines that the project is a covered project,
create a specific entry on the Dashboard for the covered project.

(3) Postings by agencies
(A) In general
For each covered project added to the Dashboard under paragraph (2), the
facilitating or lead agency, as applicable, and each cooperating and participating
agency shall post to the Dashboard—
(i) a hyperlink that directs to a website that contains, to the extent consistent
with applicable law—
(I) the notification submitted under subsection (a)(1);
(II)(aa) where practicable, the application and supporting documents, if
applicable, that have been submitted by a project sponsor for any required
environmental review or authorization; or
(bb) a notice explaining how the public may obtain access to such
documents;
(III) a description of any Federal agency action taken or decision made that
materially affects the status of a covered project;
(IV) any significant document that supports the action or decision described
in subclause (III); and
(V) a description of the status of any litigation to which the agency is a party
that is directly related to the project, including, if practicable, any judicial

document made available on an electronic docket maintained by a Federal,
State, or local court; and
(ii) any document described in clause (i) that is not available by hyperlink on
another website.

(B) Deadline
The information described in subparagraph (A) shall be posted to the website
made available by hyperlink on the Dashboard not later than 5 business days after
the date on which the Federal agency receives the information.

(4) Postings by the Executive Director
The Executive Director shall publish to the Dashboard—
(A) the permitting timetable established under subparagraph (A) or (C) of
subsection (c)(2);
(B) the status of the compliance of each agency with the permitting timetable;
(C) any modifications of the permitting timetable;
(D) an explanation of each modification described in subparagraph (C); and
(E) any memorandum of understanding established under subsection (c)(3)(B).

(c) Coordination and timetables
(1) Coordinated project plan
(A) In general
Not later than 60 days after the date on which the Executive Director must make
a specific entry for the project on the Dashboard under subsection (b)(2)(A), the
facilitating or lead agency, as applicable, in consultation with each coordinating and
participating agency, shall establish a concise plan for coordinating public and
agency participation in, and completion of, any required Federal environmental
review and authorization for the project.

(B) Required information
The Coordinated Project Plan shall include the following information and be
updated by the facilitating or lead agency, as applicable, at least once per quarter:
(i) A list of, and roles and responsibilities for, all entities with environmental
review or authorization responsibility for the project.
(ii) A permitting timetable, as described in paragraph (2), setting forth a
comprehensive schedule of dates by which all environmental reviews and
authorizations, and to the maximum extent practicable, State permits, reviews
and approvals must be made.
(iii) A discussion of potential avoidance, minimization, and mitigation
strategies, if required by applicable law and known.
(iv) Plans and a schedule for public and tribal outreach and coordination, to the
extent required by applicable law.

(C) Memorandum of understanding
The coordinated project plan described in subparagraph (A) may be incorporated
into a memorandum of understanding.

(2) Permitting timetable
(A) Establishment

As part of the coordination project plan under paragraph (1), the facilitating or
lead agency, as applicable, in consultation with each cooperating and participating
agency, the project sponsor, and any State in which the project is located, and,
subject to subparagraph (C), with the concurrence of each cooperating agency,
shall establish a permitting timetable that includes intermediate and final completion
dates for action by each participating agency on any Federal environmental review
or authorization required for the project.

(B) Factors for consideration
In establishing the permitting timetable under subparagraph (A), the facilitating or
lead agency shall follow the performance schedules established under section
4370m–1(c)(1)(C) of this title, but may vary the timetable based on relevant factors,
including—
(i) the size and complexity of the covered project;
(ii) the resources available to each participating agency;
(iii) the regional or national economic significance of the project;
(iv) the sensitivity of the natural or historic resources that may be affected by
the project;
(v) the financing plan for the project; and
(vi) the extent to which similar projects in geographic proximity to the project
were recently subject to environmental review or similar procedures under State
law.

(C) Dispute resolution
(i) In general
The Executive Director, in consultation with appropriate agency CERPOs and
the project sponsor, shall, as necessary, mediate any disputes regarding the
permitting timetable referred to under subparagraph (A).

(ii) Disputes
If a dispute remains unresolved 30 days after the date on which the dispute
was submitted to the Executive Director, the Director of the Office of
Management and Budget, in consultation with the Chairman of the Council on
Environmental Quality, shall facilitate a resolution of the dispute and direct the
agencies party to the dispute to resolve the dispute by the end of the 60-day
period beginning on the date of submission of the dispute to the Executive
Director.

(iii) Final resolution
Any action taken by the Director of the Office of Management and Budget in
the resolution of a dispute under clause (ii) shall—
(I) be final and conclusive; and
(II) not be subject to judicial review.

(D) Modification after approval
(i) In general
The facilitating or lead agency, as applicable, may modify a permitting
timetable established under subparagraph (A) only if—
(I) the facilitating or lead agency, as applicable, and the affected cooperating
agencies, after consultation with the participating agencies and the project
sponsor, agree to a different completion date;

(II) the facilitating agency or lead agency, as applicable, or the affected
cooperating agency provides a written justification for the modification; and
(III) in the case of a modification that would necessitate an extension of a
final completion date under a permitting timetable established under
subparagraph (A) to a date more than 30 days after the final completion date
originally established under subparagraph (A), the facilitating or lead agency
submits a request to modify the permitting timetable to the Executive Director,
who shall consult with the project sponsor and make a determination on the
record, based on consideration of the relevant factors described under
subparagraph (B), whether to grant the facilitating or lead agency, as
applicable, authority to make such modification.

(ii) Completion date
A completion date in the permitting timetable may not be modified within 30
days of the completion date.

(iii) Limitation on length of modifications
(I) In general
Except as provided in subclause (II), the total length of all modifications to a
permitting timetable authorized or made under this subparagraph, other than
for reasons outside the control of Federal, State, local, or tribal governments,
may not extend the permitting timetable for a period of time greater than half of
the amount of time from the establishment of the permitting timetable under
subparagraph (A) to the last final completion date originally established under
subparagraph (A).

(II) Additional extensions
The Director of the Office of Management and Budget, after consultation
with the project sponsor, may permit the Executive Director to authorize
additional extensions of a permitting timetable beyond the limit prescribed by
subclause (I). In such a case, the Director of the Office of Management and
Budget shall transmit, not later than 5 days after making a determination to
permit an authorization of extension under this subclause, a report to
Congress explaining why such modification is required. Such report shall
explain to Congress with specificity why the original permitting timetable and
the modifications authorized by the Executive Director failed to be adequate.
The lead or facilitating agency, as applicable, shall transmit to Congress, the
Director of the Office of Management and Budget, and the Executive Director a
supplemental report on progress toward the final completion date each year
thereafter, until the permit review is completed or the project sponsor
withdraws its notice or application or other request to which this subchapter
applies under section 4370m–9 of this title.

(iv) Limitation on judicial review
The following shall not be subject to judicial review:
(I) A determination by the Executive Director under clause (i)(III).
(II) A determination under clause (iii)(II) by the Director of the Office of
Management and Budget to permit the Executive Director to authorize
extensions of a permitting timetable.

(E) Consistency with other time periods

A permitting timetable established under subparagraph (A) shall be consistent
with any other relevant time periods established under Federal law and shall not
prevent any cooperating or participating agency from discharging any obligation
under Federal law in connection with the project.

(F) Conforming to permitting timetables
(i) In general
Each Federal agency shall conform to the completion dates set forth in the
permitting timetable established under subparagraph (A), or with any completion
date modified under subparagraph (D).

(ii) Failure to conform
If a Federal agency fails to conform with a completion date for agency action
on a covered project or is at significant risk of failing to conform with such a
completion date, the agency shall—
(I) promptly submit to the Executive Director for publication on the
Dashboard an explanation of the specific reasons for failing or significantly
risking failing to conform to the completion date and a proposal for an
alternative completion date;
(II) in consultation with the facilitating or lead agency, as applicable,
establish an alternative completion date; and
(III) each month thereafter until the agency has taken final action on the
delayed authorization or review, submit to the Executive Director for posting on
the Dashboard a status report describing any agency activity related to the
project.

(G) Abandonment of covered project
(i) In general
If the facilitating or lead agency, as applicable, has a reasonable basis to
doubt the continuing technical or financial ability of the project sponsor to
construct the covered project, the facilitating or lead agency may request the
project sponsor provide an updated statement regarding the ability of the project
sponsor to complete the project.

(ii) Failure to respond
If the project sponsor fails to respond to a request described in clause (i) by
the date that is 30 days after receiving the request, the lead or facilitating agency,
as applicable, shall notify the Executive Director, who shall publish an
appropriate notice on the Dashboard.

(iii) Publication to Dashboard
On publication of a notice under clause (ii), the completion dates in the
permitting timetable shall be tolled and agencies shall be relieved of the
obligation to comply with subparagraph (F) until such time as the project sponsor
submits to the facilitating or lead agency, as applicable, an updated statement
regarding the technical and financial ability of the project sponsor to construct the
project.

(3) Cooperating State, local, or tribal governments
(A) State authority

If the Federal environmental review is being implemented within the boundaries
of a State, the State, consistent with State law, may choose to participate in the
environmental review and authorization process under this subsection and to make
subject to the process all State agencies that—
(i) have jurisdiction over the covered project;
(ii) are required to conduct or issue a review, analysis, opinion, or statement
for the covered project; or
(iii) are required to make a determination on issuing a permit, license, or other
approval or decision for the covered project.

(B) Coordination
To the maximum extent practicable under applicable law, the facilitating or lead
agency, as applicable, shall coordinate the Federal environmental review and
authorization processes under this subsection with any State, local, or tribal agency
responsible for conducting any separate review or authorization of the covered
project to ensure timely and efficient completion of environmental reviews and
authorizations.

(C) Memorandum of understanding
(i) In general
Any coordination plan between the facilitating or lead agency, as applicable,
and any State, local, or tribal agency shall, to the maximum extent practicable, be
included in a memorandum of understanding.

(ii) Submission to Executive Director
The facilitating or lead agency, as applicable, shall submit to the Executive
Director each memorandum of understanding described in clause (i).

(D) Applicability
The requirements under this subchapter shall only apply to a State or an
authorization issued by a State if the State has chosen to participate in the
environmental review and authorization process pursuant to this paragraph.

(d) Early consultation
The facilitating or lead agency, as applicable, shall provide an expeditious process for project
sponsors to confer with each cooperating and participating agency involved and, not later than
60 days after the date on which the project sponsor submits a request under this subsection, to
have each such agency provide to the project sponsor information concerning—
(1) the availability of information and tools, including pre-application toolkits, to
facilitate early planning efforts;
(2) key issues of concern to each agency and to the public; and
(3) issues that must be addressed before an environmental review or authorization
can be completed.

(e) Cooperating agency
(1) In general
A lead agency may designate a participating agency as a cooperating agency in
accordance with part 1501 of title 40, Code of Federal Regulations (or successor
regulations).

(2) Effect on other designation

The designation described in paragraph (1) shall not affect any designation under
subsection (a)(3).

(3) Limitation on designation
Any agency not designated as a participating agency under subsection (a)(3) shall
not be designated as a cooperating agency under paragraph (1).

(f) Reporting status of other projects on Dashboard
(1) In general
On request of the Executive Director, the Secretary and the Secretary of the Army
shall use best efforts to provide information for inclusion on the Dashboard on projects
subject to section 139 of title 23 and section 2348 of title 33 likely to require—
(A) a total investment of more than $200,000,000; and
(B) an environmental impact statement under NEPA.

(2) Effect of inclusion on Dashboard
Inclusion on the Dashboard of information regarding projects subject to section 139
of title 23 or section 2348 of title 33 shall not subject those projects to any
requirements of this subchapter.
(Pub. L. 114–94, div. D, title XLI, §41003, Dec. 4, 2015, 129 Stat. 1747.)
REFERENCES IN TEXT
NEPA, referred to in subsec. (f)(1)(B), means the National Environmental Policy Act of 1969,
Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to this chapter. See
section 4370m(16) of this title. For complete classification of this Act to the Code, see Short Title
note set out under section 4321 of this title and Tables.
CODIFICATION
Section was enacted as part of the Fixing America's Surface Transportation Act, also known
as the FAST Act, and not as part of the National Environmental Policy Act of 1969 which
comprises this chapter.

§4370m–3. Interstate compacts
(a) In general
The consent of Congress is given for 3 or more contiguous States to enter into an interstate
compact establishing regional infrastructure development agencies to facilitate authorization
and review of covered projects, under State law or in the exercise of delegated permitting
authority described under section 4370m–5 of this title, that will advance infrastructure
development, production, and generation within the States that are parties to the compact.

(b) Regional infrastructure
For the purpose of this subchapter, a regional infrastructure development agency referred to
in subsection (a) shall have the same authorities and responsibilities of a State agency.
(Pub. L. 114–94, div. D, title XLI, §41004, Dec. 4, 2015, 129 Stat. 1755.)
CODIFICATION
Section was enacted as part of the Fixing America's Surface Transportation Act, also known
as the FAST Act, and not as part of the National Environmental Policy Act of 1969 which
comprises this chapter.

§4370m–4. Coordination of required reviews

(a) Concurrent reviews
To integrate environmental reviews and authorizations, each agency shall, to the maximum
extent practicable—
(1) carry out the obligations of the agency with respect to a covered project under
any other applicable law concurrently, and in conjunction with, other environmental
reviews and authorizations being conducted by other cooperating or participating
agencies, including environmental reviews and authorizations required under NEPA,
unless the agency determines that doing so would impair the ability of the agency to
carry out the statutory obligations of the agency; and
(2) formulate and implement administrative, policy, and procedural mechanisms to
enable the agency to ensure completion of the environmental review process in a
timely, coordinated, and environmentally responsible manner.

(b) Adoption, incorporation by reference, and use of documents
(1) 1 State environmental documents; supplemental documents
(A) Use of existing documents
(i) In general
On the request of a project sponsor, a lead agency shall consider and, as
appropriate, adopt or incorporate by reference, the analysis and documentation
that has been prepared for a covered project under State laws and procedures
as the documentation, or part of the documentation, required to complete an
environmental review for the covered project, if the analysis and documentation
were, as determined by the lead agency in consultation with the Council on
Environmental Quality, prepared under circumstances that allowed for
opportunities for public participation and consideration of alternatives,
environmental consequences, and other required analyses that are substantially
equivalent to what would have been available had the documents and analysis
been prepared by a Federal agency pursuant to NEPA.

(ii) Guidance by CEQ
The Council on Environmental Quality may issue guidance to carry out this
subsection.

(B) NEPA obligations
An environmental document adopted under subparagraph (A) or a document that
includes documentation incorporated under subparagraph (A) may serve as the
documentation required for an environmental review or a supplemental
environmental review required to be prepared by a lead agency under NEPA.

(C) Supplementation of State documents
If the lead agency adopts or incorporates analysis and documentation described
in subparagraph (A), the lead agency shall prepare and publish a supplemental
document if the lead agency determines that during the period after preparation of
the analysis and documentation and before the adoption or incorporation—
(i) a significant change has been made to the covered project that is relevant
for purposes of environmental review of the project; or
(ii) there has been a significant circumstance or new information has emerged
that is relevant to the environmental review for the covered project.

(D) Comments

If a lead agency prepares and publishes a supplemental document under
subparagraph (C), the lead agency shall solicit comments from other agencies and
the public on the supplemental document for a period of not more than 45 days,
beginning on the date on which the supplemental document is published, unless—
(i) the lead agency, the project sponsor, and any cooperating agency agree to
a longer deadline; or
(ii) the lead agency extends the deadline for good cause.

(E) Notice of outcome of environmental review
A lead agency shall issue a record of decision or finding of no significant impact,
as appropriate, based on the document adopted under subparagraph (A) and any
supplemental document prepared under subparagraph (C).

(c) Alternatives analysis
(1) Participation
(A) In general
As early as practicable during the environmental review, but not later than the
commencement of scoping for a project requiring the preparation of an
environmental impact statement, the lead agency shall engage the cooperating
agencies and the public to determine the range of reasonable alternatives to be
considered for a covered project.

(B) Determination
The determination under subparagraph (A) shall be completed not later than the
completion of scoping.

(2) Range of alternatives
(A) In general
Following participation under paragraph (1) and subject to subparagraph (B), the
lead agency shall determine the range of reasonable alternatives for consideration
in any document that the lead agency is responsible for preparing for the covered
project.

(B) Alternatives required by law
In determining the range of alternatives under subparagraph (A), the lead agency
shall include all alternatives required to be considered by law.

(3) Methodologies
(A) In general
The lead agency shall determine, in collaboration with each cooperating agency
at appropriate times during the environmental review, the methodologies to be used
and the level of detail required in the analysis of each alternative for a covered
project.

(B) Environmental review
A cooperating agency shall use the methodologies referred to in subparagraph
(A) when conducting any required environmental review, to the extent consistent
with existing law.

(4) Preferred alternative

With the concurrence of the cooperating agencies with jurisdiction under Federal
law and at the discretion of the lead agency, the preferred alternative for a project,
after being identified, may be developed to a higher level of detail than other
alternatives to facilitate the development of mitigation measures or concurrent
compliance with other applicable laws if the lead agency determines that the
development of the higher level of detail will not prevent—
(A) the lead agency from making an impartial decision as to whether to accept
another alternative that is being considered in the environmental review; and
(B) the public from commenting on the preferred and other alternatives.

(d) Environmental review comments
(1) Comments on draft environmental impact statement
For comments by an agency or the public on a draft environmental impact
statement, the lead agency shall establish a comment period of not less than 45 days
and not more than 60 days after the date on which a notice announcing availability of
the environmental impact statement is published in the Federal Register, unless—
(A) the lead agency, the project sponsor, and any cooperating agency agree to a
longer deadline; or
(B) the lead agency, in consultation with each cooperating agency, extends the
deadline for good cause.

(2) Other review and comment periods
For all other review or comment periods in the environmental review process
described in parts 1500 through 1508 of title 40, Code of Federal Regulations (or
successor regulations), the lead agency shall establish a comment period of not more
than 45 days after the date on which the materials on which comment is requested
are made available, unless—
(A) the lead agency, the project sponsor, and any cooperating agency agree to a
longer deadline; or
(B) the lead agency extends the deadline for good cause.

(e) Issue identification and resolution
(1) Cooperation
The lead agency and each cooperating and participating agency shall work
cooperatively in accordance with this section to identify and resolve issues that could
delay completion of an environmental review or an authorization required for the
project under applicable law or result in the denial of any approval under applicable
law.

(2) Lead agency responsibilities
(A) In general
The lead agency shall make information available to each cooperating and
participating agency and project sponsor as early as practicable in the
environmental review regarding the environmental, historic, and socioeconomic
resources located within the project area and the general locations of the
alternatives under consideration.

(B) Sources of information
The information described in subparagraph (A) may be based on existing data
sources, including geographic information systems mapping.

(3) Cooperating and participating agency responsibilities
Each cooperating and participating agency shall—
(A) identify, as early as practicable, any issues of concern regarding any potential
environmental impacts of the covered project, including any issues that could
substantially delay or prevent an agency from completing any environmental review
or authorization required for the project; and
(B) communicate any issues described in subparagraph (A) to the project
sponsor.

(f) Categories of projects
The authorities granted under this section may be exercised for an individual covered project
or a category of covered projects.
(Pub. L. 114–94, div. D, title XLI, §41005, Dec. 4, 2015, 129 Stat. 1755.)
REFERENCES IN TEXT
NEPA, referred to in subsecs. (a)(1) and (b)(1)(A)(i), (B), means the National Environmental
Policy Act of 1969, Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to
this chapter. See section 4370m(16) of this title. For complete classification of this Act to the
Code, see Short Title note set out under section 4321 of this title and Tables.
CODIFICATION
Section was enacted as part of the Fixing America's Surface Transportation Act, also known
as the FAST Act, and not as part of the National Environmental Policy Act of 1969 which
comprises this chapter.
1

So in original. No par. (2) has been enacted.

§4370m–5. Delegated State permitting programs
(a) In general
If a Federal statute permits a Federal agency to delegate to or otherwise authorize a State to
issue or otherwise administer a permit program in lieu of the Federal agency, the Federal
agency with authority to carry out the statute shall—
(1) on publication by the Council of best practices under section 4370m–1(c)(2)(B)
of this title, initiate a national process, with public participation, to determine whether
and the extent to which any of the best practices are generally applicable on a
delegation- or authorization-wide basis to permitting under the statute; and
(2) not later than 2 years after December 4, 2015, make model recommendations
for State modifications of the applicable permit program to reflect the best practices
described in section 4370m–1(c)(2)(B) of this title, as appropriate.

(b) Best practices
Lead and cooperating agencies may share with State, tribal, and local authorities best
practices involved in review of covered projects and invite input from State, tribal, and local
authorities regarding best practices.
(Pub. L. 114–94, div. D, title XLI, §41006, Dec. 4, 2015, 129 Stat. 1758.)
CODIFICATION
Section was enacted as part of the Fixing America's Surface Transportation Act, also known
as the FAST Act, and not as part of the National Environmental Policy Act of 1969 which
comprises this chapter.

§4370m–6. Litigation, judicial review, and savings provision
(a) Limitations on claims
(1) In general
Notwithstanding any other provision of law, a claim arising under Federal law
seeking judicial review of any authorization issued by a Federal agency for a covered
project shall be barred unless—
(A) the action is filed not later than 2 years after the date of publication in the
Federal Register of the final record of decision or approval or denial of a permit,
unless a shorter time is specified in the Federal law under which judicial review is
allowed; and
(B) in the case of an action pertaining to an environmental review conducted
under NEPA—
(i) the action is filed by a party that submitted a comment during the
environmental review; and
(ii) any commenter filed a sufficiently detailed comment so as to put the lead
agency on notice of the issue on which the party seeks judicial review, or the
lead agency did not provide a reasonable opportunity for such a comment on that
issue.

(2) New information
(A) In general
The head of a lead agency or participating agency shall consider new information
received after the close of a comment period if the information satisfies the
requirements under regulations implementing NEPA.

(B) Separate action
If Federal law requires the preparation of a supplemental environmental impact
statement or other supplemental environmental document, the preparation of such
document shall be considered a separate final agency action and the deadline for
filing a claim for judicial review of the agency action shall be 2 years after the date
on which a notice announcing the final agency action is published in the Federal
Register, unless a shorter time is specified in the Federal law under which judicial
review is allowed.

(3) Rule of construction
Nothing in this subsection creates a right to judicial review or places any limit on
filing a claim that a person has violated the terms of an authorization.

(b) Preliminary injunctive relief
In addition to considering any other applicable equitable factors, in any action seeking a
temporary restraining order or preliminary injunction against an agency or a project sponsor in
connection with review or authorization of a covered project, the court shall—
(1) consider the potential effects on public health, safety, and the environment, and
the potential for significant negative effects on jobs resulting from an order or
injunction; and
(2) not presume that the harms described in paragraph (1) are reparable.

(c) Judicial review
Except as provided in subsection (a), nothing in this subchapter affects the reviewability of
any final Federal agency action in a court of competent jurisdiction.

(d) Savings clause
Nothing in this subchapter—
(1) supersedes, amends, or modifies any Federal statute or affects the
responsibility of any Federal officer to comply with or enforce any statute; or
(2) creates a presumption that a covered project will be approved or favorably
reviewed by any agency.

(e) Limitations
Nothing in this section preempts, limits, or interferes with—
(1) any practice of seeking, considering, or responding to public comment; or
(2) any power, jurisdiction, responsibility, or authority that a Federal, State, or local
governmental agency, metropolitan planning organization, Indian tribe, or project
sponsor has with respect to carrying out a project or any other provisions of law
applicable to any project, plan, or program.
(Pub. L. 114–94, div. D, title XLI, §41007, Dec. 4, 2015, 129 Stat. 1758.)
REFERENCES IN TEXT
NEPA, referred to in subsec. (a)(1)(B), (2)(A), means the National Environmental Policy Act
of 1969, Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to this chapter.
See section 4370m(16) of this title. For complete classification of this Act to the Code, see Short
Title note set out under section 4321 of this title and Tables.
CODIFICATION
Section was enacted as part of the Fixing America's Surface Transportation Act, also known
as the FAST Act, and not as part of the National Environmental Policy Act of 1969 which
comprises this chapter.

§4370m–7. Reports
(a) Report to Congress
(1) In general
Not later than April 15 of each year for 10 years beginning on December 4, 2015,
the Executive Director shall submit to Congress a report detailing the progress
accomplished under this subchapter during the previous fiscal year.

(2) Contents
The report described in paragraph (1) shall assess the performance of each
participating agency and lead agency based on the best practices described in section
4370m–1(c)(2)(B) of this title, including—
(A) agency progress in making improvements consistent with those best
practices; and
(B) agency compliance with the performance schedules established under
section 4370m–1(c)(1)(C) of this title.

(3) Opportunity to include comments
Each councilmember, with input from the respective agency CERPO, shall have the
opportunity to include comments concerning the performance of the agency in the
report described in paragraph (1).

(b) Comptroller general report
Not later than 3 years after December 4, 2015, the Comptroller General of the United States
shall submit to Congress a report that describes—

(1) agency progress in making improvements consistent with the best practices
issued under section 4370m–1(c)(2)(B) of this title; and
(2) agency compliance with the performance schedules established under section
4370m–1(c)(1)(C) of this title.
(Pub. L. 114–94, div. D, title XLI, §41008, Dec. 4, 2015, 129 Stat. 1760.)
CODIFICATION
Section was enacted as part of the Fixing America's Surface Transportation Act, also known
as the FAST Act, and not as part of the National Environmental Policy Act of 1969 which
comprises this chapter.

§4370m–8. Funding for governance, oversight, and processing of
environmental reviews and permits
(a) In general
The heads of agencies listed in section 4370m–1(b)(2)(B) of this title, with the guidance of the
Director of the Office of Management and Budget and in consultation with the Executive
Director, may, after public notice and opportunity for comment, issue regulations establishing a
fee structure for project proponents to reimburse the United States for reasonable costs incurred
in conducting environmental reviews and authorizations for covered projects.

(b) Reasonable costs
As used in this section, the term "reasonable costs" shall include costs to implement the
requirements and authorities required under sections 4370m–1 and 4370m–2 of this title,
including the costs to agencies and the costs of operating the Council.

(c) Fee structure
The fee structure established under subsection (a) shall—
(1) be developed in consultation with affected project proponents, industries, and
other stakeholders;
(2) exclude parties for which the fee would impose an undue financial burden or is
otherwise determined to be inappropriate; and
(3) be established in a manner that ensures that the aggregate amount of fees
collected for a fiscal year is estimated not to exceed 20 percent of the total estimated
costs for the fiscal year for the resources allocated for the conduct of the
environmental reviews and authorizations covered by this subchapter, as determined
by the Director of the Office of Management and Budget.

(d) Environmental Review and Permitting Improvement Fund
(1) In general
All amounts collected pursuant to this section shall be deposited into a separate
fund in the Treasury of the United States to be known as the "Environmental Review
Improvement Fund" (referred to in this section as the "Fund").

(2) Availability
Amounts in the Fund shall be available to the Executive Director, without
appropriation or fiscal year limitation, solely for the purposes of administering,
implementing, and enforcing this subchapter, including the expenses of the Council.

(3) Transfer
The Executive Director, with the approval of the Director of the Office of
Management and Budget, may transfer amounts in the Fund to other agencies to

facilitate timely and efficient environmental reviews and authorizations for proposed
covered projects.

(e) Effect on permitting
The regulations adopted pursuant to subsection (a) shall ensure that the use of funds
accepted under subsection (d) will not impact impartial decision-making with respect to
environmental reviews or authorizations, either substantively or procedurally.

(f) Transfer of appropriated funds
(1) In general
The heads of agencies listed in section 4370m–1(b)(2)(B) of this title shall have the
authority to transfer, in accordance with section 1535 of title 31, funds appropriated to
those agencies and not otherwise obligated to other affected Federal agencies for the
purpose of implementing the provisions of this subchapter.

(2) Limitation
Appropriations under title 23 and appropriations for the civil works program of the
Army Corps of Engineers shall not be available for transfer under paragraph (1).
(Pub. L. 114–94, div. D, title XLI, §41009, Dec. 4, 2015, 129 Stat. 1760.)
CODIFICATION
Section was enacted as part of the Fixing America's Surface Transportation Act, also known
as the FAST Act, and not as part of the National Environmental Policy Act of 1969 which
comprises this chapter.

§4370m–9. Application
This subchapter applies to any covered project for which—
(1) a notice is filed under section 4370m–2(a)(1) of this title; or
(2) an application or other request for a Federal authorization is pending before a
Federal agency 90 days after December 4, 2015.
(Pub. L. 114–94, div. D, title XLI, §41010, Dec. 4, 2015, 129 Stat. 1761.)
CODIFICATION
Section was enacted as part of the Fixing America's Surface Transportation Act, also known
as the FAST Act, and not as part of the National Environmental Policy Act of 1969 which
comprises this chapter.

§4370m–10. GAO report
Not later than 3 years after December 4, 2015, the Comptroller General of the United States
shall submit to Congress a report that includes an analysis of whether the provisions of this
subchapter could be adapted to streamline the Federal permitting process for smaller projects
that are not covered projects.
(Pub. L. 114–94, div. D, title XLI, §41011, Dec. 4, 2015, 129 Stat. 1761.)
CODIFICATION
Section was enacted as part of the Fixing America's Surface Transportation Act, also known
as the FAST Act, and not as part of the National Environmental Policy Act of 1969 which
comprises this chapter.

§4370m–11. Savings provision

Nothing in this subchapter amends the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.).
(Pub. L. 114–94, div. D, title XLI, §41012, Dec. 4, 2015, 129 Stat. 1761.)
REFERENCES IN TEXT
The National Environmental Policy Act of 1969, referred to in text, is Pub. L. 91–190, Jan. 1,
1970, 83 Stat. 852, which is classified generally to this chapter. For complete classification of
this Act to the Code, see Short Title note set out under section 4321 of this title and Tables.
CODIFICATION
Section was enacted as part of the Fixing America's Surface Transportation Act, also known
as the FAST Act, and not as part of the National Environmental Policy Act of 1969 which
comprises this chapter.

§4370m–12. Sunset
This subchapter shall terminate 7 years after December 4, 2015.
(Pub. L. 114–94, div. D, title XLI, §41013, Dec. 4, 2015, 129 Stat. 1761.)
CODIFICATION
Section was enacted as part of the Fixing America's Surface Transportation Act, also known
as the FAST Act, and not as part of the National Environmental Policy Act of 1969 which
comprises this chapter.