42 Usc 4321 (nepa)

Page 5211

TITLE 42—THE PUBLIC HEALTH AND WELFARE

Sec.

Sec.

SUBCHAPTER I—POLICIES AND GOALS
4331.
4332.

4333.
4334.
4335.

Congressional declaration of national environmental policy.
Cooperation of agencies; reports; availability
of information; recommendations; international and national coordination of efforts.
Conformity of administrative procedures to
national environmental policy.
Other statutory obligations of agencies.
Efforts supplemental to existing authorizations.

SUBCHAPTER II—COUNCIL ON ENVIRONMENTAL
QUALITY
4341.
4342.
4343.
4344.
4345.

4346.
4346a.

4346b.
4347.

§ 4321

Omitted.
Establishment; membership; Chairman; appointments.
Employment of personnel, experts and consultants.
Duties and functions.
Consultation with Citizens’ Advisory Committee on Environmental Quality and other
representatives.
Tenure and compensation of members.
Travel reimbursement by private organizations and Federal, State, and local governments.
Expenditures in support of international activities.
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 Repealed.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.
4370f.
4370g.
4370h.

Working capital fund in Treasury.
Availability of funds after expiration of period for liquidating obligations.
Availability of funds for uniforms and certain
services.
Availability of funds for facilities.

§ 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.
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 [set
out as a note under this section] if the President determines that a revised or new executive order will
achieve equal or better environmental or energy efficiency results.’’
Pub. L. 111–8, div. D, title VII, § 748, Mar. 11, 2009, 123
Stat. 693, which provided that Ex. Ord. No. 13423 (set
out as a note under this section) 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.

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Page 5212

111–117, div. C, title VII, § 742(a), Dec. 16, 2009, 123 Stat.
3216.

$26,000,000 for fiscal year 1994, and $33,000,000 for fiscal
year 1995.’’

NECESSITY OF MILITARY LOW-LEVEL FLIGHT TRAINING
TO PROTECT NATIONAL SECURITY AND ENHANCE MILITARY READINESS

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

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,

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

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

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

§ 4321

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:

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

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

Page 5214

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

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

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 nontarget 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

§ 4321

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.

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

—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.

Page 5216

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 ma-

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

rine 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 oceanog-

§ 4321

raphy 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 chap-

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

ter] 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 [16 U.S.C. 460l et seq.], 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

Page 5218

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, 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

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

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.

§ 4321

(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

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

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:

Page 5220

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.

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

(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 offroad 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

§ 4321

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, 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:
(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)]. This
determination shall be made according to a Department of Housing and Urban Development (HUD) floodplain map or a more detailed map of an area, if available. If such maps are not available, the agency shall
make a determination of the location of the floodplain
based on the best available information. The Water Resources Council shall issue guidance on this information not later than October 1, 1977.
(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. 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 clearing-

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

houses 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 Director 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. They
shall deviate only to the extent that the standards of
the Flood Insurance Program 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 base flood level 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.

Page 5222

(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 202 and 205 of the Flood Disaster
Protection Act of 1973, as amended (42 U.S.C. 4106 and
4128), agencies which guarantee, approve, regulate, or
insure any financial transaction which is related to an
area located in a floodplain shall, prior to completing
action on such transaction, inform any private parties
participating in the transaction of the hazards of locating structures in the floodplain.
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, including at a minimum, that area subject to a one percent or greater chance of flooding in any given year.
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 305 and 306 of the Disaster
Relief Act of 1974 (88 Stat. 148, 42 U.S.C. 5145 and 5146).
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].
JIMMY CARTER.
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

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

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 nonFederal 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

§ 4321

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.).

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

(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 re-

Page 5224

quest 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

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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);

§ 4321

(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

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

(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, 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.

Page 5226

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:

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

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 popu-

§ 4321

lations 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

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

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 fact-finding, 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.

Page 5228

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:

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

(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 environ-

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mental 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 court-imposed or statutory deadline, the agency

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

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

Page 5230

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;

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

(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

§ 4321

(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.

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

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.

Page 5232

(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, ap-

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

point members of the advisory committee representing
stakeholders. Among other things, the advisory committee shall recommend plans and actions 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. 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-todate 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 proc-

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ess 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.
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, set out below.
EX. ORD. NO. 13423. STRENGTHENING FEDERAL ENVIRONMENTAL, ENERGY, AND TRANSPORTATION MANAGEMENT
Ex. Ord. No. 13423, Jan. 24, 2007, 72 F.R. 3919, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, and to strengthen the environmental, energy,
and transportation management of Federal agencies, it
is hereby ordered as follows:
SECTION 1. Policy. It is the policy of the United States
that Federal agencies 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.
SEC. 2. Goals for Agencies. In implementing the policy
set forth in section 1 of this order, the head of each
agency shall:
(a) improve energy efficiency and reduce greenhouse
gas emissions of the agency, through reduction of energy intensity by (i) 3 percent annually through the
end of fiscal year 2015, or (ii) 30 percent by the end of
fiscal year 2015, relative to the baseline of the agency’s
energy use in fiscal year 2003;
(b) ensure that (i) at least half of the statutorily required renewable energy consumed by the agency in a

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

fiscal year comes from new renewable sources, and (ii)
to the extent feasible, the agency implements renewable energy generation projects on agency property for
agency use;
(c) beginning in FY 2008, reduce water consumption
intensity, relative to the baseline of the agency’s water
consumption in fiscal year 2007, through life-cycle costeffective measures by 2 percent annually through the
end of fiscal year 2015 or 16 percent by the end of fiscal
year 2015;
(d) require in agency acquisitions of goods and services (i) use of sustainable environmental practices, including acquisition of biobased, environmentally preferable, energy-efficient, water-efficient, and recycledcontent products, and (ii) use of paper of at least 30 percent post-consumer fiber content;
(e) ensure that the agency (i) reduces the quantity of
toxic and hazardous chemicals and materials acquired,
used, or disposed of by the agency, (ii) increases diversion of solid waste as appropriate, and (iii) maintains
cost-effective waste prevention and recycling programs
in its facilities;
(f) ensure that (i) new construction and major renovation of agency buildings comply with the Guiding Principles for Federal Leadership in High Performance and
Sustainable Buildings set forth in the Federal Leadership
in High Performance and Sustainable Buildings Memorandum of Understanding (2006), and (ii) 15 percent of the
existing Federal capital asset building inventory of the
agency as of the end of fiscal year 2015 incorporates the
sustainable practices in the Guiding Principles;
(g) ensure that, if the agency operates a fleet of at
least 20 motor vehicles, the agency, relative to agency
baselines for fiscal year 2005, (i) reduces the fleet’s
total consumption of petroleum products by 2 percent
annually through the end of fiscal year 2015, (ii) increases the total fuel consumption that is non-petroleum-based by 10 percent annually, and (iii) uses plugin hybrid (PIH) vehicles when PIH vehicles are commercially available at a cost reasonably comparable,
on the basis of life-cycle cost, to non-PIH vehicles; and
(h) ensure that the agency (i) when acquiring an electronic product to meet its requirements, meets at least
95 percent of those requirements with an Electronic
Product Environmental Assessment Tool (EPEAT)-registered electronic product, unless there is no EPEAT
standard for such product, (ii) enables the Energy Star
feature on agency computers and monitors, (iii) establishes and implements policies to extend the useful life
of agency electronic equipment, and (iv) uses environmentally sound practices with respect to disposition of
agency electronic equipment that has reached the end
of its useful life.
SEC. 3. Duties of Heads of Agencies. In implementing
the policy set forth in section 1 of this order, the head
of each agency shall:
(a) implement within the agency sustainable practices for (i) energy efficiency, greenhouse gas emissions
avoidance or reduction, and petroleum products use reduction, (ii) renewable energy, including bioenergy,
(iii) water conservation, (iv) acquisition, (v) pollution
and waste prevention and recycling, (vi) reduction or
elimination of acquisition and use of toxic or hazardous
chemicals, (vii) high performance construction, lease,
operation, and maintenance of buildings, (viii) vehicle
fleet management, and (ix) electronic equipment management;
(b) implement within the agency environmental management systems (EMS) at all appropriate organizational levels to ensure (i) use of EMS as the primary
management approach for addressing environmental
aspects of internal agency operations and activities, including environmental aspects of energy and transportation functions, (ii) establishment of agency objectives and targets to ensure implementation of this
order, and (iii) collection, analysis, and reporting of information to measure performance in the implementation of this order;
(c) establish within the agency programs for (i) environmental management training, (ii) environmental

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compliance review and audit, and (iii) leadership
awards to recognize outstanding environmental, energy, or transportation management performance in
the agency;
(d) within 30 days after the date of this order (i) designate 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,
to be responsible for implementation of this order within the agency, (ii) report such designation to the Director of the Office of Management and Budget and the
Chairman of the Council on Environmental Quality,
and (iii) assign the designated official the authority
and duty to (A) monitor and report to the head of the
agency on agency activities to carry out subsections (a)
and (b) of this section, and (B) perform such other duties relating to the implementation of this order within
the agency as the head of the agency deems appropriate;
(e) ensure that contracts entered into after the date
of this order for contractor operation of governmentowned facilities or vehicles require the contractor to
comply with the provisions of this order with respect to
such facilities or vehicles to the same extent as the
agency would be required to comply if the agency operated the facilities or vehicles;
(f) ensure that agreements, permits, leases, licenses,
or other legally-binding obligations between the agency and a tenant or concessionaire entered into after the
date of this order require, to the extent the head of the
agency determines appropriate, that the tenant or concessionaire take actions relating to matters within the
scope of the contract that facilitate the agency’s compliance with this order;
(g) provide reports on agency implementation of this
order to the Chairman of the Council on such schedule
and in such format as the Chairman of the Council may
require; and
(h) provide information and assistance to the Director of the Office of Management and Budget, the Chairman of the Council, and the Federal Environmental Executive.
SEC. 4. Additional Duties of the Chairman of the Council
on Environmental Quality. In implementing the policy
set forth in section 1 of this order, the Chairman of the
Council on Environmental Quality:
(a)(i) shall establish a Steering Committee on
Strengthening Federal Environmental, Energy, and
Transportation Management to advise the Director of
the Office of Management and Budget and the Chairman of the Council on the performance of their functions under this order that shall consist exclusively of
(A) the Federal Environmental Executive, who shall
chair, convene and preside at meetings of, determine
the agenda of, and direct the work of, the Steering
Committee, and (B) the senior officials designated
under section 3(d)(i) of this order, and (ii) may establish subcommittees of the Steering Committee, to assist the Steering Committee in developing the advice of
the Steering Committee on particular subjects;
(b) may, after consultation with the Director of the
Office of Management and Budget and the Steering
Committee, issue instructions to implement this order,
other than instructions within the authority of the Director to issue under section 5 of this order; and
(c) shall administer a presidential leadership award
program to recognize exceptional and outstanding environmental, energy, or transportation management performance and excellence in agency efforts to implement this order.
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 the Office of
Management and Budget shall, after consultation with
the Chairman of the Council and the Steering Committee, issue instructions to the heads of agencies concerning:
(a) periodic evaluation of agency implementation of
this order;
(b) budget and appropriations matters relating to implementation of this order;

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(c) implementation of section 2(d) of this order; and
(d) amendments of the Federal Acquisition Regulation as necessary to implement this order.
SEC. 6. Duties of the Federal Environmental Executive. A
Federal Environmental Executive designated by the
President shall head the Office of the Federal Environmental Executive, which shall be maintained in the Environmental Protection Agency for funding and administrative purposes. In implementing the policy set forth
in section 1 of this order, the Federal Environmental
Executive shall:
(a) monitor, and advise the Chairman of the Council
on, performance by agencies of functions assigned by
sections 2 and 3 of this order;
(b) submit a report to the President, through the
Chairman of the Council, not less often than once every
2 years, on the activities of agencies to implement this
order; and
(c) advise the Chairman of the Council on the Chairman’s exercise of authority granted by subsection 4(c)
of this order.
SEC. 7. 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, and 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. 8. 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 and section 10, 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 and section 10, to the
extent the head of an agency determines necessary to
protect undercover operations from unauthorized disclosure.
(c)(i) 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 and section 10.
(ii) Heads of agencies shall manage fleets to which
paragraph (i) of this subsection 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 submit to the President, through the Chairman of the Council, a request
for an exemption of an agency activity, and related personnel, resources, and facilities, from this order.
SEC. 9. Definitions. As used in this order:
(a) ‘‘agency’’ means an executive agency as defined in
section 105 of title 5, United States Code, excluding the
Government Accountability Office;
(b) ‘‘Chairman of the Council’’ means the Chairman
of the Council on Environmental Quality, including in
the Chairman’s capacity as Director of the Office of Environmental Quality;
(c) ‘‘Council’’ means the Council on Environmental
Quality;
(d) ‘‘environmental’’ means environmental aspects of
internal agency operations and activities, including
those environmental aspects related to energy and
transportation functions;
(e) ‘‘greenhouse gases’’ means carbon dioxide, methane,
nitrous
oxide,
hydrofluorocarbons,
perfluorocarbons, and sulfur hexafluoride;

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(f) ‘‘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);
(g) ‘‘new renewable sources’’ means sources of renewable energy placed into service after January 1, 1999;
(h) ‘‘renewable energy’’ means energy produced by
solar, wind, biomass, landfill gas, ocean (including
tidal, wave, current and thermal), geothermal, municipal solid waste, or new hydroelectric generation capacity achieved from increased efficiency or additions of
new capacity at an existing hydroelectric project;
(i) ‘‘energy intensity’’ means energy consumption per
square foot of building space, including industrial or
laboratory facilities;
(j) ‘‘Steering Committee’’ means the Steering Committee on Strengthening Federal Environmental, Energy, and Transportation Management established
under subsection 4(b) of this order;
(k) ‘‘sustainable’’ means to create and maintain conditions, under which humans and nature can exist in
productive harmony, that permit fulfilling the social,
economic, and other requirements of present and future
generations of Americans; and
(l) ‘‘United States’’ when used in a geographical
sense, 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.
SEC. 10. General Provisions. (a) This order shall be implemented in a manner consistent with applicable law
and subject to the availability of appropriations.
(b) 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.
(c) This order is intended only to improve the internal management of the Federal Government and is not
intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity by a party against the United States, its departments, agencies, instrumentalities, entities, officers,
employees or agents, or any other person.
SEC. 11. Revocations; Conforming Provisions. (a) The following are revoked:
(i) Executive Order 13101 of September 14, 1998;
(ii) Executive Order 13123 of June 3, 1999;
(iii) Executive Order 13134 of August 12, 1999, as
amended;
(iv) Executive Order 13148 of April 21, 2000; and
(v) Executive Order 13149 of April 21, 2000.
(b) In light of subsection 317(e) of the National Defense Authorization Act for Fiscal Year 2002 (Public
Law 107–107), not later than January 1 of each year
through and including 2010, the Secretary of Defense
shall submit to the Senate and the House of Representatives a report regarding progress made toward achieving the energy efficiency goals of the Department of
Defense.
(c) [Amended Ex. Ord. No. 13327, set out as a note
under section 121 of Title 40, Public Buildings, Property, and Works.]
EX. ORD. NO. 13514. FEDERAL LEADERSHIP IN
ENVIRONMENTAL, ENERGY, AND ECONOMIC PERFORMANCE
Ex. Ord. No. 13514, Oct. 5, 2009, 74 F.R. 52117, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, and to establish an integrated strategy towards sustainability in the Federal Government and to
make reduction of greenhouse gas emissions a priority
for Federal agencies, it is hereby ordered as follows:
SECTION 1. Policy. In order to create a clean energy
economy that will increase our Nation’s prosperity,
promote energy security, protect the interests of taxpayers, and safeguard the health of our environment,
the Federal Government must lead by example. It is
therefore the policy of the United States that Federal
agencies shall increase energy efficiency; measure, re-

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port, and reduce their greenhouse gas emissions from
direct and indirect activities; conserve and protect
water resources through efficiency, reuse, and stormwater management; eliminate waste, recycle, and prevent pollution; leverage agency acquisitions to foster
markets for sustainable technologies and environmentally preferable materials, products, and services;
design, construct, maintain, and operate high performance sustainable buildings in sustainable locations;
strengthen the vitality and livability of the communities in which Federal facilities are located; and inform Federal employees about and involve them in the
achievement of these goals.
It is further the policy of the United States that to
achieve these goals and support their respective missions, agencies shall prioritize actions based on a full
accounting of both economic and social benefits and
costs and shall drive continuous improvement by annually evaluating performance, extending or expanding
projects that have net benefits, and reassessing or discontinuing under-performing projects.
Finally, it is also the policy of the United States that
agencies’ efforts and outcomes in implementing this
order shall be transparent and that agencies shall
therefore disclose results associated with the actions
taken pursuant to this order on publicly available Federal websites.
SEC. 2. Goals for Agencies. In implementing the policy
set forth in section 1 of this order, and preparing and
implementing the Strategic Sustainability Performance Plan called for in section 8 of this order, the head
of each agency shall:
(a) within 90 days of the date of this order, establish
and report to the Chair of the Council on Environmental Quality (CEQ Chair) and the Director of the Office of Management and Budget (OMB Director) a percentage reduction target for agency-wide reductions of
scope 1 and 2 greenhouse gas emissions in absolute
terms by fiscal year 2020, relative to a fiscal year 2008
baseline of the agency’s scope 1 and 2 greenhouse gas
emissions. Where appropriate, the target shall exclude
direct emissions from excluded vehicles and equipment
and from electric power produced and sold commercially to other parties in the course of regular business.
This target shall be subject to review and approval by
the CEQ Chair in consultation with the OMB Director
under section 5 of this order. In establishing the target,
the agency head shall consider reductions associated
with:
(i) reducing energy intensity in agency buildings;
(ii) increasing agency use of renewable energy and
implementing renewable energy generation projects
on agency property; and
(iii) reducing the use of fossil fuels by:
(A) using low greenhouse gas emitting vehicles
including alternative fuel vehicles;
(B) optimizing the number of vehicles in the
agency fleet; and
(C) reducing, if the agency operates a fleet of at
least 20 motor vehicles, the agency fleet’s total consumption of petroleum products by a minimum of 2
percent annually through the end of fiscal year
2020, relative to a baseline of fiscal year 2005;
(b) within 240 days of the date of this order and concurrent with submission of the Strategic Sustainability
Performance Plan as described in section 8 of this
order, establish and report to the CEQ Chair and the
OMB Director a percentage reduction target for reducing agency-wide scope 3 greenhouse gas emissions in
absolute terms by fiscal year 2020, relative to a fiscal
year 2008 baseline of agency scope 3 emissions. This target shall be subject to review and approval by the CEQ
Chair in consultation with the OMB Director under section 5 of this order. In establishing the target, the
agency head shall consider reductions associated with:
(i) pursuing opportunities with vendors and contractors to address and incorporate incentives to reduce greenhouse gas emissions (such as changes to
manufacturing, utility or delivery services, modes of
transportation used, or other changes in supply chain
activities);

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(ii) implementing strategies and accommodations
for transit, travel, training, and conferencing that actively support lower-carbon commuting and travel by
agency staff;
(iii) greenhouse gas emission reductions associated
with pursuing other relevant goals in this section;
and
(iv) developing and implementing innovative policies and practices to address scope 3 greenhouse gas
emissions unique to agency operations;
(c) establish and report to the CEQ Chair and OMB
Director a comprehensive inventory of absolute greenhouse gas emissions, including scope 1, scope 2, and
specified scope 3 emissions (i) within 15 months of the
date of this order for fiscal year 2010, and (ii) thereafter, annually at the end of January, for the preceding
fiscal year.
(d) improve water use efficiency and management by:
(i) reducing potable water consumption intensity
by 2 percent annually through fiscal year 2020, or 26
percent by the end of fiscal year 2020, relative to a
baseline of the agency’s water consumption in fiscal
year 2007, by implementing water management strategies including water-efficient and low-flow fixtures
and efficient cooling towers;
(ii) reducing agency industrial, landscaping, and agricultural water consumption by 2 percent annually
or 20 percent by the end of fiscal year 2020 relative to
a baseline of the agency’s industrial, landscaping, and
agricultural water consumption in fiscal year 2010;
(iii) consistent with State law, identifying, promoting, and implementing water reuse strategies that reduce potable water consumption; and
(iv) implementing and achieving the objectives
identified in the stormwater management guidance
referenced in section 14 of this order;
(e) promote pollution prevention and eliminate waste
by:
(i) minimizing the generation of waste and pollutants through source reduction;
(ii) diverting at least 50 percent of non-hazardous
solid waste, excluding construction and demolition
debris, by the end of fiscal year 2015;
(iii) diverting at least 50 percent of construction
and demolition materials and debris by the end of fiscal year 2015;
(iv) reducing printing paper use and acquiring
uncoated printing and writing paper containing at
least 30 percent postconsumer fiber;
(v) reducing and minimizing the quantity of toxic
and hazardous chemicals and materials acquired,
used, or disposed of;
(vi) increasing diversion of compostable and organic material from the waste stream;
(vii) implementing integrated pest management
and other appropriate landscape management practices;
(viii) increasing agency use of acceptable alternative chemicals and processes in keeping with the
agency’s procurement policies;
(ix) decreasing agency use of chemicals where such
decrease will assist the agency in achieving greenhouse gas emission reduction targets under section
2(a) and (b) of this order; and
(x) 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 et seq.);
(f) advance regional and local integrated planning by:
(i) participating in regional transportation planning and recognizing existing community transportation infrastructure;
(ii) aligning Federal policies to increase the effectiveness of local planning for energy choices such as
locally generated renewable energy;
(iii) ensuring that planning for new Federal facilities or new leases includes consideration of sites that
are pedestrian friendly, near existing employment
centers, and accessible to public transit, and emphasizes existing central cities and, in rural communities, existing or planned town centers;

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(iv) identifying and analyzing impacts from energy
usage and alternative energy sources in all Environmental Impact Statements and Environmental Assessments for proposals for new or expanded Federal
facilities under the National Environmental Policy
Act of 1969, as amended (42 U.S.C. 4321 et seq.); and
(v) coordinating with regional programs for Federal, State, tribal, and local ecosystem, watershed,
and environmental management;
(g) implement high performance sustainable Federal
building design, construction, operation and management, maintenance, and deconstruction including by:
(i) beginning in 2020 and thereafter, ensuring that
all new Federal buildings that enter the planning
process are designed to achieve zero-net-energy by
2030;
(ii) ensuring that all new construction, major renovation, or repair and alteration of Federal buildings
complies with the Guiding Principles for Federal Leadership in High Performance and Sustainable Buildings,
(Guiding Principles);
(iii) ensuring that at least 15 percent of the agency’s existing buildings (above 5,000 gross square feet)
and building leases (above 5,000 gross square feet)
meet the Guiding Principles by fiscal year 2015 and
that the agency makes annual progress toward 100percent conformance with the Guiding Principles for
its building inventory;
(iv) pursuing cost-effective, innovative strategies,
such as highly reflective and vegetated roofs, to minimize consumption of energy, water, and materials;
(v) managing existing building systems to reduce
the consumption of energy, water, and materials, and
identifying alternatives to renovation that reduce existing assets’ deferred maintenance costs;
(vi) when adding assets to the agency’s real property inventory, identifying opportunities to consolidate and dispose of existing assets, optimize the performance of the agency’s real-property portfolio, and
reduce associated environmental impacts; and
(vii) ensuring that rehabilitation of federally owned
historic buildings utilizes best practices and technologies in retrofitting to promote long-term viability of the buildings;
(h) advance sustainable acquisition to ensure that 95
percent of new contract actions including task and delivery orders, for products and services with the exception of acquisition of weapon systems, are energy-efficient (Energy Star or Federal Energy Management Program (FEMP) designated), water-efficient, biobased, environmentally preferable (e.g., Electronic Product Environmental Assessment Tool (EPEAT) certified), nonozone depleting, contain recycled content, or are nontoxic or less-toxic alternatives, where such products
and services meet agency performance requirements;
(i) promote electronics stewardship, in particular by:
(i) ensuring procurement preference for EPEATregistered electronic products;
(ii) establishing and implementing policies to enable power management, duplex printing, and other
energy-efficient or environmentally preferable features on all eligible agency electronic products;
(iii) employing environmentally sound practices
with respect to the agency’s disposition of all agency
excess or surplus electronic products;
(iv) ensuring the procurement of Energy Star and
FEMP designated electronic equipment;
(v) implementing best management practices for
energy-efficient management of servers and Federal
data centers; and
(j) sustain environmental management, including by:
(i) continuing implementation of formal environmental management systems at all appropriate organizational levels; and
(ii) ensuring these formal systems are appropriately implemented and maintained to achieve the
performance necessary to meet the goals of this
order.
SEC. 3. Steering Committee on Federal Sustainability.
The OMB Director and the CEQ Chair shall:

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(a) establish an interagency Steering Committee
(Steering Committee) on Federal Sustainability composed of the Federal Environmental Executive, designated under section 6 of Executive Order 13423 of January 24, 2007, and Agency Senior Sustainability Officers, designated under section 7 of this order, and that
shall:
(i) serve in the dual capacity of the Steering Committee on Strengthening Federal Environmental, Energy, and Transportation Management designated by
the CEQ Chair pursuant to section 4 of Executive
Order 13423;
(ii) advise the OMB Director and the CEQ Chair on
implementation of this order;
(iii) facilitate the implementation of each agency’s
Strategic Sustainability Performance Plan; and
(iv) share information and promote progress towards the goals of this order;
(b) enlist the support of other organizations within
the Federal Government to assist the Steering Committee in addressing the goals of this order;
(c) establish and disband, as appropriate, interagency
subcommittees of the Steering Committee, to assist
the Steering Committee in carrying out its responsibilities;
(d) determine appropriate Federal actions to achieve
the policy of section 1 and the goals of section 2 of this
order;
(e) ensure that Federal agencies are held accountable
for conformance with the requirements of this order;
and
(f) in coordination with the Department of Energy’s
Federal Energy Management Program and the Office of
the Federal Environmental Executive designated under
section 6 of Executive Order 13423, provide guidance and
assistance to facilitate the development of agency targets for greenhouse gas emission reductions required
under subsections 2(a) and (b) of this order.
SEC. 4. Additional Duties of the Director of the Office of
Management and Budget. In addition to the duties of the
OMB Director specified elsewhere in this order, the
OMB Director shall:
(a) review and approve each agency’s multi-year
Strategic Sustainability Performance Plan under section 8 of this order and each update of the Plan. The Director shall, where feasible, review each agency’s Plan
concurrently with OMB’s review and evaluation of the
agency’s budget request;
(b) prepare scorecards providing periodic evaluation
of Federal agency performance in implementing this
order and publish scorecard results on a publicly available website; and
(c) approve and issue instructions to the heads of
agencies concerning budget and appropriations matters
relating to implementation of this order.
SEC. 5. Additional Duties of the Chair of the Council on
Environmental Quality. In addition to the duties of the
CEQ Chair specified elsewhere in this order, the CEQ
Chair shall:
(a) issue guidance for greenhouse gas accounting and
reporting required under section 2 of this order;
(b) issue instructions to implement this order, in addition to instructions within the authority of the OMB
Director to issue under subsection 4(c) of this order;
(c) review and approve each agency’s targets, in consultation with the OMB Director, for agency-wide reductions of greenhouse gas emissions under section 2 of
this order;
(d) prepare, in coordination with the OMB Director,
streamlined reporting metrics to determine each agency’s progress under section 2 of this order;
(e) review and evaluate each agency’s multi-year
Strategic Sustainability Performance Plan under section 8 of this order and each update of the Plan;
(f) assess agency progress toward achieving the goals
and policies of this order, and provide its assessment of
the agency’s progress to the OMB Director;
(g) within 120 days of the date of this order, provide
the President with an aggregate Federal Governmentwide target for reducing scope 1 and 2 greenhouse gas

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

emissions in absolute terms by fiscal year 2020 relative
to a fiscal year 2008 baseline;
(h) within 270 days of the date of this order, provide
the President with an aggregate Federal Governmentwide target for reducing scope 3 greenhouse gas emissions in absolute terms by fiscal year 2020 relative to a
fiscal year 2008 baseline;
(i) establish and disband, as appropriate, interagency
working groups to provide recommendations to the
CEQ for areas of Federal agency operational and managerial improvement associated with the goals of this
order; and
(j) administer the Presidential leadership awards program, established under subsection 4(c) of Executive
Order 13423, to recognize exceptional and outstanding
agency performance with respect to achieving the goals
of this order and to recognize extraordinary innovation, technologies, and practices employed to achieve
the goals of this order.
SEC. 6. Duties of the Federal Environmental Executive.
The Federal Environmental Executive designated by
the President to head the Office of the Federal Environmental Executive, pursuant to section 6 of Executive
Order 13423, shall:
(a) identify strategies and tools to assist Federal implementation efforts under this order, including
through the sharing of best practices from successful
Federal sustainability efforts; and
(b) monitor and advise the CEQ Chair and the OMB
Director on the agencies’ implementation of this order
and their progress in achieving the order’s policies and
goals.
SEC. 7. Agency Senior Sustainability Officers. (a) Within
30 days of the date of this order, the head of each agency shall designate from among the agency’s senior
management officials a Senior Sustainability Officer
who shall be accountable for agency conformance with
the requirements of this order; and shall report such
designation to the OMB Director and the CEQ Chair.
(b) The Senior Sustainability Officer for each agency
shall perform the functions of the senior agency official
designated by the head of each agency pursuant to section 3(d)(i) of Executive Order 13423 and shall be responsible for:
(i) preparing the targets for agency-wide reductions
and the inventory of greenhouse gas emissions required under subsections 2(a), (b), and (c) of this
order;
(ii) within 240 days of the date of this order, and annually thereafter, preparing and submitting to the
CEQ Chair and the OMB Director, for their review
and approval, a multi-year Strategic Sustainability
Performance Plan (Sustainability Plan or Plan) as
described in section 8 of this order;
(iii) preparing and implementing the approved Plan
in coordination with appropriate offices and organizations within the agency including the General
Counsel, Chief Information Officer, Chief Acquisition
Officer, Chief Financial Officer, and Senior Real
Property Officers, and in coordination with other
agency plans, policies, and activities;
(iv) monitoring the agency’s performance and
progress in implementing the Plan, and reporting the
performance and progress to the CEQ Chair and the
OMB Director, on such schedule and in such format
as the Chair and the Director may require; and
(v) reporting annually to the head of the agency on
the adequacy and effectiveness of the agency’s Plan
in implementing this order.
SEC. 8. Agency Strategic Sustainability Performance
Plan. Each agency shall develop, implement, and annually update an integrated Strategic Sustainability Performance Plan that will prioritize agency actions based
on lifecycle return on investment. Each agency Plan
and update shall be subject to approval by the OMB Director under section 4 of this order. With respect to the
period beginning in fiscal year 2011 and continuing
through the end of fiscal year 2021, each agency Plan
shall:
(a) include a policy statement committing the agency
to compliance with environmental and energy statutes,
regulations, and Executive Orders;

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(b) achieve the sustainability goals and targets, including greenhouse gas reduction targets, established
under section 2 of this order;
(c) be integrated into the agency’s strategic planning
and budget process, including the agency’s strategic
plan under section 3 of the Government Performance
and Results Act of 1993, as amended (5 U.S.C. 306);
(d) identify agency activities, policies, plans, procedures, and practices that are relevant to the agency’s
implementation of this order, and where necessary,
provide for development and implementation of new or
revised policies, plans, procedures, and practices;
(e) identify specific agency goals, a schedule, milestones, and approaches for achieving results, and quantifiable metrics for agency implementation of this
order;
(f) take into consideration environmental measures
as well as economic and social benefits and costs in
evaluating projects and activities based on lifecycle return on investment;
(g) outline planned actions to provide information
about agency progress and performance with respect to
achieving the goals of this order on a publicly available
Federal website;
(h) incorporate actions for achieving progress metrics
identified by the OMB Director and the CEQ Chair;
(i) evaluate agency climate-change risks and vulnerabilities to manage the effects of climate change on the
agency’s operations and mission in both the short and
long term; and
(j) identify in annual updates opportunities for improvement and evaluation of past performance in order
to extend or expand projects that have net lifecycle
benefits, and reassess or discontinue under-performing
projects.
SEC. 9. Recommendations for Greenhouse Gas Accounting
and Reporting. The Department of Energy, through its
Federal Energy Management Program, and in coordination with the Environmental Protection Agency, the
Department of Defense, the General Services Administration, the Department of the Interior, the Department of Commerce, and other agencies as appropriate,
shall:
(a) within 180 days of the date of this order develop
and provide to the CEQ Chair recommended Federal
greenhouse gas reporting and accounting procedures for
agencies to use in carrying out their obligations under
subsections 2(a), (b), and (c) of this order, including
procedures that will ensure that agencies:
(i) accurately and consistently quantify and account for greenhouse gas emissions from all scope 1,
2, and 3 sources, using accepted greenhouse gas accounting and reporting principles, and identify appropriate opportunities to revise the fiscal year 2008
baseline to address significant changes in factors affecting agency emissions such as reorganization and
improvements in accuracy of data collection and estimation procedures or other major changes that would
otherwise render the initial baseline information unsuitable;
(ii) consider past Federal agency efforts to reduce
greenhouse gas emissions; and
(iii) consider and account for sequestration and
emissions of greenhouse gases resulting from Federal
land management practices;
(b) within 1 year of the date of this order, to ensure
consistent and accurate reporting under this section,
provide electronic accounting and reporting capability
for the Federal greenhouse gas reporting procedures developed under subsection (a) of this section, and to the
extent practicable, ensure compatibility between this
capability and existing Federal agency reporting systems; and
(c) every 3 years from the date of the CEQ Chair’s issuance of the initial version of the reporting guidance,
and as otherwise necessary, develop and provide recommendations to the CEQ Chair for revised Federal greenhouse gas reporting procedures for agencies to use in
implementing subsections 2(a), (b), and (c) of this order.
SEC. 10. Recommendations for Sustainable Locations for
Federal Facilities. Within 180 days of the date of this

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order, the Department of Transportation, in accordance
with its Sustainable Partnership Agreement with the
Department of Housing and Urban Development and
the Environmental Protection Agency, and in coordination with the General Services Administration, the Department of Homeland Security, the Department of Defense, and other agencies as appropriate, shall:
(a) review existing policies and practices associated
with site selection for Federal facilities; and
(b) provide recommendations to the CEQ Chair regarding sustainable location strategies for consideration in Sustainability Plans. The recommendations
shall be consistent with principles of sustainable development including prioritizing central business district
and rural town center locations, prioritizing sites well
served by transit, including site design elements that
ensure safe and convenient pedestrian access, consideration of transit access and proximity to housing affordable to a wide range of Federal employees, adaptive
reuse or renovation of buildings, avoidance of development of sensitive land resources, and evaluation of
parking management strategies.
SEC. 11. Recommendations for Federal Local Transportation Logistics. Within 180 days of the date of this
order, the General Services Administration, in coordination with the Department of Transportation, the Department of the Treasury, the Department of Energy,
the Office of Personnel Management, and other agencies as appropriate, shall review current policies and
practices associated with use of public transportation
by Federal personnel, Federal shuttle bus and vehicle
transportation routes supported by multiple Federal
agencies, and use of alternative fuel vehicles in Federal
shuttle bus fleets, and shall provide recommendations
to the CEQ Chair on how these policies and practices
could be revised to support the implementation of this
order and the achievement of its policies and goals.
SEC. 12. Guidance for Federal Fleet Management. Within
180 days of the date of this order, the Department of
Energy, in coordination with the General Services Administration, shall issue guidance on Federal fleet
management that addresses the acquisition of alternative fuel vehicles and use of alternative fuels; the use
of biodiesel blends in diesel vehicles; the acquisition of
electric vehicles for appropriate functions; improvement of fleet fuel economy; the optimizing of fleets to
the agency mission; petroleum reduction strategies,
such as the acquisition of low greenhouse gas emitting
vehicles and the reduction of vehicle miles traveled;
and the installation of renewable fuel pumps at Federal
fleet fueling centers.
SEC. 13. Recommendations for Vendor and Contractor
Emissions. Within 180 days of the date of this order, the
General Services Administration, in coordination with
the Department of Defense, the Environmental Protection Agency, and other agencies as appropriate, shall
review and provide recommendations to the CEQ Chair
and the Administrator of OMB’s Office of Federal Procurement Policy regarding the feasibility of working
with the Federal vendor and contractor community to
provide information that will assist Federal agencies in
tracking and reducing scope 3 greenhouse gas emissions
related to the supply of products and services to the
Government. These recommendations should consider
the potential impacts on the procurement process, and
the Federal vendor and contractor community including small businesses and other socioeconomic procurement programs. Recommendations should also explore
the feasibility of:
(a) requiring vendors and contractors to register with
a voluntary registry or organization for reporting
greenhouse gas emissions;
(b) requiring contractors, as part of a new or revised
registration under the Central Contractor Registration
or other tracking system, to develop and make available its greenhouse gas inventory and description of efforts to mitigate greenhouse gas emissions;
(c) using Federal Government purchasing preferences
or other incentives for products manufactured using
processes that minimize greenhouse gas emissions; and

§ 4321

(d) other options for encouraging sustainable practices and reducing greenhouse gas emissions.
SEC. 14. Stormwater Guidance for Federal Facilities.
Within 60 days of the date of this order, the Environmental Protection Agency, in coordination with other
Federal agencies as appropriate, shall issue guidance
on the implementation of section 438 of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17094).
SEC. 15. Regional Coordination. Within 180 days of the
date of this order, the Federal Environmental Executive shall develop and implement a regional implementation plan to support the goals of this order taking
into account energy and environmental priorities of
particular regions of the United States.
SEC. 16. Agency Roles in Support of Federal Adaptation
Strategy. In addition to other roles and responsibilities
of agencies with respect to environmental leadership as
specified in this order, the agencies shall participate
actively in the interagency Climate Change Adaptation
Task Force, which is already engaged in developing the
domestic and international dimensions of a U.S. strategy for adaptation to climate change, and shall develop
approaches through which the policies and practices of
the agencies can be made compatible with and reinforce that strategy. Within 1 year of the date of this
order the CEQ Chair shall provide to the President, following consultation with the agencies and the Climate
Change Adaptation Task Force, as appropriate, a
progress report on agency actions in support of the national adaptation strategy and recommendations for
any further such measures as the CEQ Chair may deem
necessary.
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, and 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 and section 20, 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 and section 20, to the
extent the head of an agency determines necessary to
protect undercover operations from unauthorized disclosure.
(c)(i) 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 and section 20.
(ii) Heads of agencies shall manage fleets to which
paragraph (i) of this subsection 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 and section 20,
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 CEQ Chair in writing
within 30 days of issuance of the exemption under this

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

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 CEQ Chair, 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 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 fueled 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, self-propelled vehicles such as bicycles
and any other alternative fuel vehicles that are defined
by statute;
(d) ‘‘construction and demolition materials and debris’’ means materials and debris generated during construction, renovation, demolition, or dismantling of all
structures and buildings and associated infrastructure;
(e) ‘‘divert’’ and ‘‘diverting’’ means redirecting materials that might otherwise be placed in the waste
stream to recycling or recovery, excluding diversion to
waste-to-energy facilities;
(f) ‘‘energy intensity’’ means energy consumption per
square foot of building space, including industrial or
laboratory facilities;
(g) ‘‘environmental’’ means environmental aspects of
internal agency operations and activities, including
those aspects related to energy and transportation
functions;
(h) ‘‘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:
(i) combat support, combat service support, tactical
or relief operations, or training for such operations;
(ii) Federal law enforcement (including protective
service and investigation);
(iii) emergency response (including fire and rescue);
or
(iv) spaceflight vehicles (including associated
ground-support equipment);
(i) ‘‘greenhouse gases’’ means carbon dioxide, methane,
nitrous
oxide,
hydrofluorocarbons,
perfluorocarbons, and sulfur hexafluoride;
(j) ‘‘renewable energy’’ means energy produced by
solar, wind, biomass, landfill gas, ocean (including
tidal, wave, current, and thermal), geothermal, municipal solid waste, or new hydroelectric generation capacity achieved from increased efficiency or additions of
new capacity at an existing hydroelectric project;
(k) ‘‘scope 1, 2, and 3’’ mean;
(i) scope 1: direct greenhouse gas emissions from
sources that are owned or controlled by the Federal
agency;
(ii) scope 2: direct greenhouse gas emissions resulting from the generation of electricity, heat, or steam
purchased by a Federal agency; and
(iii) scope 3: greenhouse gas emissions from sources
not owned or directly controlled by a Federal agency
but related to agency activities such as vendor supply
chains, delivery services, and employee travel and
commuting;
(l) ‘‘sustainability’’ and ‘‘sustainable’’ mean to create
and maintain conditions, under which humans and nature can exist in productive harmony, that permit fulfilling the social, economic, and other requirements of
present and future generations;
(m) ‘‘United States’’ means the fifty States, the District of Columbia, the Commonwealth of Puerto Rico,

Page 5240

Guam, American Samoa, the United States Virgin Islands, and the Northern Mariana Islands, and associated territorial waters and airspace;
(n) ‘‘water consumption intensity’’ means water consumption per square foot of building space; and
(o) ‘‘zero-net-energy building’’ means a building that
is designed, constructed, and operated to require a
greatly reduced quantity of energy to operate, meet the
balance of energy needs from sources of energy that do
not produce greenhouse gases, and therefore result in
no net emissions of greenhouse gases and be economically viable.
SEC. 20. General Provisions.
(a) This order shall be implemented in a manner consistent with applicable law and subject to the availability of appropriations.
(b) Nothing in this order shall be construed to impair
or otherwise affect the functions of the OMB Director
relating to budgetary, administrative, or legislative
proposals.
(c) This order is intended only to improve the internal management of the Federal Government and 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