The National Environmental Policy Act

NATIONAL ENVIRONMENTAL POLICY ACT
as amended1
42 U.S.C. § 4321 et seq.
PURPOSE
42 USC 4321
Sec 2. The purposes of this Act are: To declare a national policy which will
encourage productive and enjoyable harmony between man and his environment to
promote efforts 'which will prevent or eliminate damage to the environment and
biosphere and stimulate the health and welfare of man; to enrich the understanding of
the ecological systems and natural resources important to the Nation; and to establish
a Council on Environmental Qualify.

TITLE I - POLICIES AND GOALS
CONGRESSIONAL DECLARATION OF NATIONAL
ENVIRONMENTAL POLICY
42 USC 4331
Sec 101. (a) The Congress, recognizes 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 recognizes
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.

-------1
PL 91-190, January 1, 1970, as amended by PL 94-52, July 3, 1975; PL 94-83, August
9, 1975; PL 99-160, November 25, 1985; PL 100-202, December 22, 1987; PL 100404, August 19, 1988; PL 101-144, November 9, 1989, and PL 102-389, October 6,
1992

(b)
In order to carry out the policy set forth in this Act, it is the continuing
responsibility of the Federal Government to use all practicable means, consistent with
other essential considerations of national policy, to improve and coordinate Federal
plans, functions, programs, and resources to the end that the Nation may-(1)
fulfill the responsibilities of each generation as trustee of the
environment for succeeding generations:
(2)
assure for all Americans safe, healthful, productive and esthetically and
culturally pleasing. surroundings;
(3)
attain the widest range of beneficial uses of the environment without
degradation, risk to health of 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.

COOPERATION OF AGENCIES, REPORTS, AVAILABILITY OF
INFORMATION-, RECOMMENDATIONS; INTERNATIONAL AND
NATIONAL COORDINATION OF EFFORTS

42 USC 4332
Sec. 102. The Congress authorizes and directs that, to the fullest extent possible:
(1) the policies, regulations, and public laws of the United States shall be interpreted
and administered in accordance with the policies set forth in this Act, and (2) all
agencies of the Federal Government shall-(A) utilize a systematic, interdisciplinary approach which will insure the
integrated use of the natural and social sciences and the environmental design arts in
planning and in decisionmaking which may have an impact on man’s environment;
(B)
identify and develop methods and procedures, in consultation with the
Council on Environmental Quality established by title II of this Act, which will insure
that presently unquantified environmental amenities and values may be given
appropriate consideration in decisionmaking along with economic and technical
considerations;
(C) Include in every recommendation or report on proposals for legislation and
other major Federal actions significantly affecting the quality of the human
environment, a detailed statement by the responsible official on--

(i) the environmental impact of the proposed action,
(ii) any adverse environmental effects which cannot be avoided should the
proposal be implemented,
(iii) alternatives to the proposed action,
(iv) the relationship between local short-term uses of man’s environment and
the maintenance and enhancement of long-term productivity, and
(v) any irreversible and irretrievable commitments of resources which would
be involved in the proposed action should it be implemented.
Prior to making any detailed statement, the responsible Federal official shall consult
with and obtain the comments of any Federal agency which has jurisdiction by law or
special expertise with respect to any environmental impact Involved. Copies of such
statement and the comments and views of the appropriate Federal, State, and local
agencies, which are authorized to develop and enforce environmental standards, shall
be made available to the President, the Council on Environmental Quality and to the
public as provided by section 552 of title 5, United States Code, and shall accompany
the proposal through the existing agency review process.
(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) 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, an d content of the entire statement or of any
other responsibility under this Act: and, further, this subparagraph does not affect the
legal sufficiency of statements prepared by State agencies with less than statewide
jurisdiction.
(E) study, develop, and describe appropriate alternatives to recommended
courses of action in any proposal which involves unresolved conflicts concerning
alternative uses of available resources;
(F) recognize the worldwide and long-range character of environmental
problems and, where consistent with the foreign policy of the United States, lend
appropriate support to initiatives, resolutions, and programs designed to maximize
international cooperation in anticipating and preventing a decline in the quality of
mankind's world environment;
(G) make available to States, counties, municipalities, institutions, and
individuals, advice and information useful in restoring, maintaining, and enhancing the

quality of the environment;
(H) initiate and utilize ecological information in the planning and
development of resource-oriented projects; and
(I) assist the Council on Environmental Quality established by title II
of this Act.
CONFORMITY OF ADMINISTRATIVE PROCEDURES TO
NATIONAL ENVIRONMENTAL POLICY
42 USC 4333
Sec. 103 All agencies of the Federal Government shall review their present
statutory authority, administrative regulations, and current policies and procedures for
the purpose of determining whether there are any deficiencies or inconsistencies therein
which prohibit full compliance with the purposes of this Act and shall propose to the
President not later than July 1, 1971, such measures as may be necessary to bring their
authority and policies into conformity with the intent, purposes, and procedures set
forth in this Act.

OTHER STATUTORY OBLIGATIONS OF AGENCIES
42 USC 4334
Sec. 104. Nothing in Section 102 or 103 shall in any way affect the specific
statutory, obligations of any Federal agency (1) to comply with criteria or standards of
environmental quality, (2) to coordinate or consult with any other Federal or State
agency, or (3) to act, or refrain from acting contingent upon the recommendations or
certification of any other Federal or State agency.

EFFORTS SUPPLEMENTAL TO EXISTING AUTHORIZATIONS
42 USC 4335
Sec. 105. The policies and goals set forth in this Act are supplementary to those
set forth in existing authorizations of Federal agencies.

TITLE II - COUNCIL ON ENVIRONMENTAL QUALITY

REPORTS TO CONGRESS; RECOMMENDATIONS FOR LEGISLATION
42 USC 4341
Sec. 201. The President shall transmit to the Congress annually beginning July
1, 1970, an Environmental Quality Report (hereinafter referred to as the "report") which
shall set forth (1) the status and condition of the major natural manmade, or altered

environmental classes of the Nation, including, but not limited to, the air, the aquatic,
including marine, estuarine, and fresh water, and the terrestrial environment, including,
but not limited to, the forest, dryland, wetland, rangeland, urban, suburban, and rural
environment; (2) current and foreseeable trends in the quality,.management and
utilization of such environments and the effects of those trends on the social, economic,
and other requirements of the Nation;, (3) the adequacy of available natural resources
for fulfilling human and economic requirements of the Nation in the light of expected
population pressures; (4) a review of the programs and activities (including regulatory
activities) of the Federal Government, the State and local governments, and nongovernmental entities or individuals, with particular reference to their effect on the
environment and on the conservation, development and utilization of natural resources
and; (5) a program for remedying the deficiencies of existing programs and activities,
together with recommendations for legislation.

ESTABLISHMENT; MEMBERSHIP; CHAIRMAN; APPOINTMENTS
42 USC 4342
Sec. 202. There is created in the Executive Office of the President a Council on
Environmental Quality (hereinafter referred to as the "council"). The Council shall be
composed of three members who shall be appointed by the President to serve at his
pleasure, by and with the advice and consent of the Senate. The President shall
designate one of the members of the Council to serve as Chairman. Each member shall
be a person who, as a result of his training experience, and attainments, is exceptionally
well qualified to analyze and interpret environmental trends and information of all
kinds; to appraise programs and activities of the Federal Government in the light of the
policy set forth in title I of this Act; to be conscious of and responsive to the scientific,
economic, social, esthetic, and cultural needs, and to formulate and recommend
national policies to promote improvement of the quality of the environment.

DUTIES AND FUNCTIONS
42 USC 4344
Sec. 204. It shall be the duty and function of the Council-(1) to assist and advisee the President in the preparation of the Environmental
Quality Report required by section 201;
(2) to gather timely and authoritative information concerning the conditions and
trends in the quality of the environment both current and prospective, to analyze and
interpret such information for the purpose of determining whether such conditions and
trends are interfering, or are likely to interfere, with the achievement of the policy set
forth in title I of this Act, and to compile and submit to the President studies relating
to such conditions and trends;
(3) to review and appraise the various programs and activities of the Federal
Government in the light of the policy set forth in title I of this Act for the purpose of
determining the extent to which such programs and activities are contributing to the
achievement of such policy, and to make recommendations to the President with respect
thereto;
(4) to develop and recommend to the President national policies to foster and
promote the improvement of environmental quality to meet the conservation, social,
economics 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.

EMPLOYMENT OF PERSONNEL, EXPERTS AND CONSULTANTS
42 USC 4343
Sec. 203. (a) The Council may employ such officers and employees as may be
necessary to carry out its functions under this Act. In addition, the Council may
employ and fix the compensation of such experts and consultants as may be necessary
for the carrying out of its functions under this Act, in accordance with section 3109 of
title 5, United States Code (but without regard to the last sentence thereof)..
(b) Notwithstanding section 3679(b) of the Revised Statutes (31 U.S.C. 665 (b)), the
Council may accept and employ voluntary and uncompensated services in furtherance
of the purposes of the Council.

CONSULTATION WITH THE CITIZENS' ADVISORY COMMITTEE ON
ENVIRONMENTAL QUALITY AND OTHER REPRESENTATIVES
42 US C 4345
Sec. 205. In exercising its powers, functions, and duties under this Act, the
Council shall-(1) consult with the Citizens' Advisory Committee on Environmental Quality
established by Executive Order 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 an d
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.

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AMENDMENTS THAT DO NOT AMEND
COUNCIL ON ENVIRONMENTAL
ENVIRONMENTAL QUALITY

QUALITY

AND

OFFICE

OF

TENURE AND COMPENSATION OF MEMBERS
42 USC 4346
Sec. 206. Members of the Council shall serve full time and the Chairman of the
Council shall be compensated at the rate provided for Level II of the Executive
Schedule Pay Rates (5 U.S.C. 5313). The other members of the Council shall be
compensated at the rate provided for level IV of the Executive Pay Rates (5 U.S.C.
5315).

TRAVEL REIMBURSEMENT BY PRIVATE ORGANIZATIONS AND
FEDERAL, STATE, AND LOCAL GOVERNMENTS
42 USC 4346a
Sec, 207. The Council may accept reimbursements from any private nonprofit
organization or from any department, agency, or instrumentality of the Federal
Government, any State, or local government, for the reasonable travel expenses
incurred by an officer or employee of the Council in connection with his attendance at
any conference, seminar, or similar meeting conducted for the benefit of the Council.

EXPENDITURES IN SUPPORT OF INTERNATIONAL ACTIVITIES
42 USC 4346b
Sec. 208. The Council may make expenditures in support of its international activities,
including expenditures for: (1) international travel; (2) activities in implementation of
international agreements; and (3) the support of international exchange programs in the
United States and in foreign countries.

AUTHORIZATION OF APPROPRIATIONS
42 USC 4347
Sec. 209. There are authorized to be appropriated to carry out the provisions of this
Act not to exceed $300,00 for fiscal year 1970, $700,000 for fiscal year 1971, and
$1,000,000 for each fiscal year thereafter.

FROM P.L 102-389, OCTOBER 6,-992
For necessary expenses of the Council on. Environmental Quality and the Office of
Environmental Quality, in carrying out their functions under the National
Environmental Policy Act of 1969 (Public law 91-190), the Environmental Quality
Improvement Act of 1970 (Public Law 91-224), and Reorganization Plan No. 1 of
1977, including not to exceed $875 for official reception and representation expenses,
and hire of passenger motor vehicles, $2,560,000: Provided, That the Council on
Environmental Quality and Office of Environmental Quality shall reimburse other
agencies for not less than one-half of the personnel compensation costs of individuals
detailed to it.