42 U.S.C. 4321 - National Environmental Policy Act

§ 4321

TITLE 42—THE PUBLIC HEALTH AND WELFARE

Page 5848

Sec.

Sec.

4342.

4370m–4. Coordination of required reviews.
4370m–5. Delegated State permitting programs.
4370m–6. Litigation, judicial review, and savings provision.
4370m–7. Reports.
4370m–8. Funding for governance, oversight, and processing of environmental reviews and permits.
4370m–9. Application.
4370m–10. GAO report.
4370m–11. Savings provision.
4370m–12. Repealed.

Establishment; membership; Chairman; appointments.
4343.
Employment of personnel, experts and consultants.
4344.
Duties and functions.
4345.
Consultation with Citizens’ Advisory Committee on Environmental Quality and other
representatives.
4346.
Tenure and compensation of members.
4346a.
Travel reimbursement by private organizations and Federal, State, and local governments.
4346b.
Expenditures in support of international activities.
4347.
Authorization of appropriations.
SUBCHAPTER III—MISCELLANEOUS PROVISIONS
4361, 4361a. Repealed.
4361b.
Implementation by Administrator of Environmental Protection Agency of recommendations of ‘‘CHESS’’ Investigative
Report; waiver; inclusion of status of implementation requirements in annual revisions
of plan for research, development, and demonstration.
4361c.
Staff management.
4362.
Interagency cooperation on prevention of environmental cancer and heart and lung disease.
4362a.
Membership of Task Force on Environmental
Cancer and Heart and Lung Disease.
4363.
Continuing and long-term environmental research and development.
4363a.
Pollution control technologies demonstrations.
4364.
Expenditure of funds for research and development related to regulatory program activities.
4365.
Science Advisory Board.
4366.
Identification and coordination of research,
development, and demonstration activities.
4366a.
Omitted.
4367.
Reporting requirements of financial interests
of officers and employees of Environmental
Protection Agency.
4368.
Grants to qualified citizens groups.
4368a.
Utilization of talents of older Americans in
projects of pollution prevention, abatement, and control.
4368b.
General assistance program.
4369.
Miscellaneous reports.
4369a.
Reports on environmental research and development activities of Agency.
4370.
Reimbursement for use of facilities.
4370a.
Assistant Administrators of Environmental
Protection Agency; appointment; duties.
4370b.
Availability of fees and charges to carry out
Agency programs.
4370c.
Environmental Protection Agency fees.
4370d.
Percentage of Federal funding for organizations owned by socially and economically
disadvantaged individuals.
4370e.
Working capital fund in Treasury.
4370f.
Availability of funds after expiration of period for liquidating obligations.
4370g.
Availability of funds for uniforms and certain
services.
4370h.
Availability of funds for facilities.
4370i.
Regional liaisons for minority, tribal, and
low-income communities.
4370j.
Municipal Ombudsman.
SUBCHAPTER IV—FEDERAL PERMITTING
IMPROVEMENT
4370m.
Definitions.
4370m–1. Federal Permitting Improvement Steering
Council.
4370m–2. Permitting process improvement.
4370m–3. Interstate compacts.

§ 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.)
Statutory Notes and Related Subsidiaries
SHORT TITLE OF 2020 AMENDMENT
Pub. L. 116–260, div. S, § 102(a), Dec. 27, 2020, 134 Stat.
2243, provided that: ‘‘This section [enacting section
16298 of this title, amending sections 4370m and 7403 of
this title, and enacting provisions set out as a note
under section 4370m of this title] may be cited as the
‘Utilizing Significant Emissions with Innovative Technologies Act’ or the ‘USE IT Act’.’’
SHORT TITLE
Pub. L. 91–190, § 1, Jan. 1, 1970, 83 Stat. 852, provided:
‘‘That this Act [enacting this chapter] may be cited as
the ‘National Environmental Policy Act of 1969’.’’
ENVIRONMENTAL PROTECTION AGENCY HEADQUARTERS
Pub. L. 112–237, § 2, Dec. 28, 2012, 126 Stat. 1628, provided that:
‘‘(a) Redesignation.—The Environmental Protection
Agency Headquarters located at 1200 Pennsylvania Avenue N.W. in Washington, D.C., known as the Ariel Rios
Building, shall be known and redesignated as the ‘William Jefferson Clinton Federal Building’.
‘‘(b) References.—Any reference in a law, map, regulation, document, paper, or other record of the United
States to the Environmental Protection Agency Headquarters referred to in subsection (a) shall be deemed
to be a reference to the ‘William Jefferson Clinton Federal Building’.’’
MODIFICATION OR REPLACEMENT OF EXECUTIVE ORDER
NO. 13423
Pub. L. 111–117, div. C, title VII, § 742(b), Dec. 16, 2009,
123 Stat. 3216, provided that: ‘‘Hereafter, the President
may modify or replace Executive Order No. 13423 [formerly set out below] if the President determines that
a revised or new executive order will achieve equal or
better environmental or energy efficiency results.’’
[Pursuant to section 742(b) of Pub. L. 111–117, set out
above, Ex. Ord. No. 13423 was replaced by Ex. Ord. No.
13693, Mar. 19, 2015, 80 F.R. 15871, formerly set out
below.]
Pub. L. 111–8, div. D, title VII, § 748, Mar. 11, 2009, 123
Stat. 693, which provided that Ex. Ord. No. 13423 (formerly set out below) would remain in effect on and
after Mar. 11, 2009, except as otherwise provided by law

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after Mar. 11, 2009, was repealed by Pub. L. 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

TRANSFER OF FUNCTIONS

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,

Executive Documents

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.
REORGANIZATION PLAN NO. 3 OF 1970
Eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. 2086, as
amended Pub. L. 98–80, § 2(a)(2), (b)(2), (c)(2)(C), Aug.
23, 1983, 97 Stat. 485, 486
Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, July 9, 1970, pursuant to the provisions of
Chapter 9 of Title 5 of the United States Code.
ENVIRONMENTAL PROTECTION AGENCY
SECTION 1. ESTABLISHMENT OF AGENCY
(a) There is hereby established the Environmental
Protection Agency, hereinafter referred to as the
‘‘Agency.’’
(b) There shall be at the head of the Agency the Administrator of the Environmental Protection Agency,
hereinafter referred to as the ‘‘Administrator.’’ The Administrator shall be appointed by the President, by and
with the advice and consent of the Senate.
(c) There shall be in the Agency a Deputy Administrator of the Environmental Protection Agency who
shall be appointed by the President, by and with the
advice and consent of the Senate. The Deputy Administrator shall perform such functions as the Administrator shall from time to time assign or delegate, and
shall act as Administrator during the absence or disability of the Administrator or in the event of a vacancy in the office of Administrator.
(d) There shall be in the Agency not to exceed five
Assistant Administrators of the Environmental Protection Agency who shall be appointed by the President,
by and with the advice and consent of the Senate. Each
Assistant Administrator shall perform such functions
as the Administrator shall from time to time assign or
delegate. [As amended Pub. L. 98–80, § 2(a)(2), (b)(2),
(c)(2)(C), Aug. 23, 1983, 97 Stat. 485, 486.]

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

SEC. 2. TRANSFERS TO ENVIRONMENTAL PROTECTION
AGENCY
(a) There are hereby transferred to the Administrator:
(1) All functions vested by law in the Secretary of the
Interior and the Department of the Interior which are
administered through the Federal Water Quality Administration, all functions which were transferred to
the Secretary of the Interior by Reorganization Plan
No. 2 of 1966 (80 Stat. 1608), and all functions vested in
the Secretary of the Interior or the Department of the
Interior by the Federal Water Pollution Control Act or
by provisions of law amendatory or supplementary
thereof [see 33 U.S.C. 1251 et seq.].
(2)(i) The functions vested in the Secretary of the Interior by the Act of August 1, 1958, 72 Stat. 479, 16
U.S.C. 742d–1 (being an Act relating to studies on the
effects of insecticides, herbicides, fungicides, and pesticides upon the fish and wildlife resources of the
United States), and (ii) the functions vested by law in
the Secretary of the Interior and the Department of the
Interior which are administered by the Gulf Breeze Biological Laboratory of the Bureau of Commercial Fisheries at Gulf Breeze, Florida.
(3) The functions vested by law in the Secretary of
Health, Education, and Welfare or in the Department of
Health, Education, and Welfare which are administered
through the Environmental Health Service, including
the functions exercised by the following components
thereof:
(i) The National Air Pollution Control Administration,
(ii) The Environmental Control Administration:
(A) Bureau of Solid Waste Management,
(B) Bureau of Water Hygiene,
(C) Bureau of Radiological Health,
except that functions carried out by the following components of the Environmental Control Administration
of the Environmental Health Service are not transferred: (i) Bureau of Community Environmental Management, (ii) Bureau of Occupational Safety and
Health, and (iii) Bureau of Radiological Health, insofar
as the functions carried out by the latter Bureau pertain to (A) regulation of radiation from consumer products, including electronic product radiation, (B) radiation as used in the healing arts, (C) occupational exposures to radiation, and (D) research, technical assistance, and training related to clauses (A), (B), and (C).
(4) The functions vested in the Secretary of Health,
Education, and Welfare of establishing tolerances for
pesticide chemicals under the Federal Food, Drug, and
Cosmetic Act, as amended, 21 U.S.C. 346, 346a, and 348,
together with authority, in connection with the functions transferred, (i) to monitor compliance with the
tolerances and the effectiveness of surveillance and enforcement, and (ii) to provide technical assistance to
the States and conduct research under the Federal
Food, Drug, and Cosmetic Act, as amended [21 U.S.C.
301 et seq.], and the Public Health Service Act, as
amended [42 U.S.C. 201 et seq.].
(5) So much of the functions of the Council on Environmental Quality under section 204(5) of the National
Environmental Policy Act of 1969 (Public Law 91–190,
approved January 1, 1970, 83 Stat. 855) [42 U.S.C. 4344(5)],
as pertains to ecological systems.
(6) The functions of the Atomic Energy Commission
under the Atomic Energy Act of 1954, as amended [42
U.S.C. 2011 et seq.], administered through its Division
of Radiation Protection Standards, to the extent that
such functions of the Commission consist of establishing generally applicable environmental standards
for the protection of the general environment from radioactive material. As used herein, standards mean
limits on radiation exposures or levels, or concentrations or quantities of radioactive material, in the general environment outside the boundaries of locations
under the control of persons possessing or using radioactive material.
(7) All functions of the Federal Radiation Council (42
U.S.C. 2021(h)).

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(8)(i) The functions of the Secretary of Agriculture
and the Department of Agriculture under the Federal
Insecticide, Fungicide, and Rodenticide Act, as amended (7 U.S.C. 135–135k) [7 U.S.C. 136 et seq.], (ii) the functions of the Secretary of Agriculture and the Department of Agriculture under section 408(l) of the Federal
Food, Drug, and Cosmetic Act, as amended (21 U.S.C.
346a(l)), and (iii) the functions vested by law in the Secretary of Agriculture and the Department of Agriculture which are administered through the Environmental Quality Branch of the Plant Protection Division of the Agricultural Research Service.
(9) So much of the functions of the transferor officers
and agencies referred to in or affected by the foregoing
provisions of this section as is incidental to or necessary for the performance by or under the Administrator of the functions transferred by those provisions
or relates primarily to those functions. The transfers
to the Administrator made by this section shall be
deemed to include the transfer of (1) authority, provided by law, to prescribe regulations relating primarily to the transferred functions, and (2) the functions vested in the Secretary of the Interior and the
Secretary of Health, Education, and Welfare by section
169(d)(1)(B) and (3) of the Internal Revenue Code of 1954
(as enacted by section 704 of the Tax Reform Act of
1969, 83 Stat. 668); but shall be deemed to exclude the
transfer of the functions of the Bureau of Reclamation
under section 3(b)(1) of the Water Pollution Control Act
(33 U.S.C. [former] 466a(b)(1)).
(b) There are hereby transferred to the Agency:
(1) From the Department of the Interior, (i) the
Water Pollution Control Advisory Board (33 U.S.C.
[former] 466f) [see 33 U.S.C. 1363], together with its
functions, and (ii) the hearing boards provided for in
sections 10(c)(4) and 10(f) of the Federal Water Pollution Control Act, as amended (33 U.S.C. [former]
466g(c)(4); 466g(f)). The functions of the Secretary of the
Interior with respect to being or designating the Chairman of the Water Pollution Control Advisory Board are
hereby transferred to the Administrator.
(2) From the Department of Health, Education, and
Welfare, the Air Quality Advisory Board (42 U.S.C.
1857e) [42 U.S.C. 7417], together with its functions. The
functions of the Secretary of Health, Education, and
Welfare with respect to being a member and the Chairman of that Board are hereby transferred to the Administrator.
SEC. 3. PERFORMANCE OF TRANSFERRED FUNCTIONS
The Administrator may from time to time make such
provisions as he shall deem appropriate authorizing the
performance of any of the functions transferred to him
by the provisions of this reorganization plan by any
other officer, or by any organizational entity or employee, of the Agency.
SEC. 4. INCIDENTAL TRANSFERS
(a) So much of the personnel, property, records, and
unexpended balances of appropriations, allocations, and
other funds employed, used, held, available or to be
made available in connection with the functions transferred to the Administrator or the Agency by this reorganization plan as the Director of the Office of Management and Budget shall determine shall be transferred
to the Agency at such time or times as the Director
shall direct.
(b) Such further measures and dispositions as the Director of Office of Management and Budget shall deem
to be necessary in order to effectuate the transfers referred to in subsection (a) of this section shall be carried out in such manner as he shall direct and by such
agencies as he shall designate.
SEC. 5. INTERIM OFFICERS
(a) The President may authorize any person who immediately prior to the effective date of this reorganization plan held a position in the executive branch of the
Government to act as Administrator until the office of

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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.

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.

SEC. 6. ABOLITIONS

Our national government today is not structured to
make a coordinated attack on the pollutants which
debase the air we breathe, the water we drink, and the
land that grows our food. Indeed, the present governmental structure for dealing with environmental pollution often defies effective and concerted action.
Despite its complexity, for pollution control purposes
the environment must be perceived as a single, interrelated system. Present assignments of departmental
responsibilities do not reflect this interrelatedness.
Many agency missions, for example, are designed primarily along media lines—air, water, and land. Yet the
sources of air, water, and land pollution are interrelated and often interchangeable. A single source may
pollute the air with smoke and chemicals, the land
with solid wastes, and a river or lake with chemical
and other wastes. Control of the air pollution may
produce more solid wastes, which then pollute the land
or water. Control of the water-polluting effluent may
convert it into solid wastes, which must be disposed of
on land.
Similarly, some pollutants—chemicals, radiation,
pesticides—appear in all media. Successful control of
them at present requires the coordinated efforts of a
variety of separate agencies and departments. The results are not always successful.
A far more effective approach to pollution control
would:
—identify pollutants.
—trace them through the entire ecological chain, observing and recording changes in form as they
occur.
—Determine the total exposure of man his environment.
—Examine interactions among forms of pollution.
—Identify where in the ecological chain interdiction
would be most appropriate.
In organizational terms, this requires pulling together into one agency a variety of research, monitoring, standard-setting and enforcement activities
now scattered through several departments and agencies. It also requires that the new agency include sufficient support elements—in research and in aids to
State and local anti-pollution programs, for example—
to give it the needed strength and potential for carrying out its mission. The new agency would also, of
course, draw upon the results of research conducted by
other agencies.

(a) Subject to the provisions of this reorganization
plan, the following, exclusive of any functions, are
hereby abolished:
(1) The Federal Water Quality Administration in the
Department of the Interior (33 U.S.C. [former] 466–1).
(2) The Federal Radiation Council (73 Stat. 690; 42
U.S.C. 2021(h)).
(b) Such provisions as may be necessary with respect
to terminating any outstanding affairs shall be made
by the Secretary of the Interior in the case of the Federal Water Quality Administration and by the Administrator of General Services in the case of the Federal
Radiation Council.
SEC. 7. EFFECTIVE DATE
The provisions of this reorganization plan shall take
effect sixty days after the date they would take effect
under 5 U.S.C. 906(a) in the absence of this section.
MESSAGE OF THE PRESIDENT
To the Congress of the United States:
I transmit herewith Reorganization Plan No. 3 of
1970, prepared in accordance with chapter 9 of title 5 of
the United States Code and providing for an Environmental Protection Agency. My reasons for transmitting this plan are stated in a more extended accompanying message.
After investigation, I have found and hereby declare
that each reorganization included in Reorganization
Plan No. 3 of 1970 is necessary to accomplish one or
more of the purposes set forth in section 901(a) of title
5 of the United States Code. In particular, the plan is
responsive to section 901(a)(1), ‘‘to promote the better
execution of the laws, the more effective management
of the executive branch and of its agencies and functions, and the expeditious administration of the public
business;’’ and section 901(a)(3), ‘‘to increase the efficiency of the operations of the Government to the fullest extent practicable.’’
The reorganizations provided for in the plan make
necessary the appointment and compensation of new
officers as specified in section 1 of the plan. The rates
of compensation fixed for these officers are comparable
to those fixed for other officers in the executive branch
who have similar responsibilities.
Section 907 of title 5 of the United States Code will
operate to preserve administrative proceedings, including any public hearing proceedings, related to the
transferred functions, which are pending immediately
prior to the taking effect of the reorganization plan.
The reorganization plan should result in more efficient operation of the Government. It is not practical,
however, to itemize or aggregate the exact expenditure
reductions which will result from this action.
RICHARD NIXON.
THE WHITE HOUSE, July 9, 1970.
MESSAGE OF THE PRESIDENT
To the Congress of the United States:
As concern with the condition of our physical environment has intensified, it has become increasingly

ENVIRONMENTAL PROTECTION AGENCY (EPA)

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 Hy-

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

giene, and portions of the functions carried out by
the Bureau of Radiological Health of the Environmental Control Administration (from the Department of Health, Education, and Welfare).
—Certain functions with respect to pesticides carried
out by the Food and Drug Administration (from the
Department of Health, Education, and Welfare).
—Authority to perform studies relating to ecological
systems now vested in the Council on Environmental Quality.
—Certain functions respecting radiation criteria and
standards now vested in the Atomic Energy Commission and the Federal Radiation Council.
—Functions respecting pesticides registration and related activities now carried out by the Agricultural
Research Service (from the Department of Agriculture).
With its broad mandate, EPA would also develop
competence in areas of environmental protection that
have not previously been given enough attention, such,
for example, as the problem of noise, and it would provide an organization to which new programs in these
areas could be added.
In brief, these are the principal functions to be transferred:
Federal Water Quality Administration.—Charged
with the control of pollutants which impair water quality, it is broadly concerned with the impact of degraded
water quality. It performs a wide variety of functions,
including research, standard-setting and enforcement,
and provides construction grants and technical assistance.
Certain pesticides research authority from the Department of the Interior.—Authority for research on
the effects of pesticides on fish and wildlife would be
provided to the EPA through transfer of the specialized
research authority of the pesticides act enacted in 1958.
Interior would retain its responsibility to do research
on all factors affecting fish and wildlife. Under this
provision, only one laboratory would be transferred to
the EPA—the Gulf Breeze Biological Laboratory of the
Bureau of Commercial Fisheries. The EPA would work
closely with the fish and wildlife laboratories remaining with the Bureau of Sport Fisheries and Wildlife.
National Air Pollution Control Administration.—As
the principal Federal agency concerned with air pollution, it conducts research on the effects of air pollution, operates a monitoring network, and promulgates
criteria which serve as the basis for setting air quality
standards. Its regulatory functions are similar to those
of the Federal Water Quality Administration. NAPCA
is responsible for administering the Clean Air Act,
which involves designating air quality regions, approving State standards and providing financial and technical assistance to State Control agencies to enable
them to comply with the Act’s provisions. It also sets
and enforces Federal automotive emission standards.
Elements of the Environmental Control Administration.—ECA is the focal point within HEW for evaluation and control of a broad range of environmental
health problems, including water quality, solid wastes,
and radiation. Programs in the ECA involve research,
development of criteria and standards, and the administration of planning and demonstration grants. From
the ECA, the activities of the Bureaus of Water Hygiene and Solid Waste Management and portions of the
activities of the Bureau of Radiological Health would
be transferred. Other functions of the ECA including
those related to the regulation of radiation from consumer products and occupational safety and health
would remain in HEW.
Pesticides research and standard-setting programs of
the Food and Drug Administration.—FDA’s pesticides
program consists of setting and enforcing standards
which limit pesticide residues in food. EPA would have
the authority to set pesticide standards and to monitor
compliance with them, as well as to conduct related research. However, as an integral part of its food protection activities, FDA would retain its authority to remove from the market food with excess pesticide residues.

Page 5852

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
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

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against placing environmental protection activities
under the jurisdiction of one or another of the existing
departments and agencies are compelling.
In the first place, almost every part of government is
concerned with the environment in some way, and affects it in some way. Yet each department also has its
own primary mission—such as resource development,
transportation, health, defense, urban growth or agriculture—which necessarily affects its own view of environmental questions.
In the second place, if the critical standard-setting
functions were centralized within any one existing department, it would require that department constantly
to make decisions affecting other departments—in
which, whether fairly or unfairly, its own objectivity as
an impartial arbiter could be called into question.
Because environmental protection cuts across so
many jurisdictions, and because arresting environmental deterioration is of great importance to the
quality of life in our country and the world, I believe
that in this case a strong, independent agency is needed. That agency would, of course, work closely with
and draw upon the expertise and assistance of other
agencies having experience in the environmental area.
ROLES AND FUNCTIONS OF EPA

The principal roles and functions of the EPA would
include:
—The establishment and enforcement of environmental protection standards consistent with national environmental goals.
—The conduct of research on the adverse effects of
pollution and on methods and equipment for controlling it, the gathering of information on pollution, and the use of this information in strengthening environmental protection programs and recommending policy changes.
—Assisting others, through grants, technical assistance and other means in arresting pollution of the
environment.
—Assisting the Council on Environmental Quality in
developing and recommending to the President new
policies for the protection of the environment.
One natural question concerns the relationship between the EPA and the Council on Environmental
Quality, recently established by Act of Congress.
It is my intention and expectation that the two will
work in close harmony, reinforcing each other’s mission. Essentially, the Council is a top-level advisory
group (which might be compared with the Council of
Economic Advisers), while the EPA would be an operating, ‘‘line’’ organization. The Council will continue
to be a part of the Executive Office of the President and
will perform its overall coordinating and advisory roles
with respect to all Federal programs related to environmental quality.
The Council, then, is concerned with all aspects of environmental quality—wildlife preservation, parklands,
land use, and population growth, as well as pollution.
The EPA would be charged with protecting the environment by abating pollution. In short, the Council focuses on what our broad policies in the environment
field should be; the EPA would focus on setting and enforcing pollution control standards. The two are not
competing, but complementary—and taken together,
they should give us, for the first time, the means to
mount an effectively coordinated campaign against environmental degradation in all of its many forms.
NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION
The oceans and the atmosphere are interacting parts
of the total environmental system upon which we depend not only for the quality of our lives, but for life
itself.
We face immediate and compelling needs for better
protection of life and property from natural hazards,
and for a better understanding of the total environment—and understanding which will enable us more ef-

§ 4321

fectively to monitor and predict its actions, and ultimately, perhaps to exercise some degree of control over
them.
We also face a compelling need for exploration and
development leading to the intelligent use of our marine resources. The global oceans, which constitute
nearly three-fourths of the surface of our planet, are
today the least-understood, the least-developed, and
the least-protected part of our earth. Food from the
oceans will increasingly be a key element in the
world’s fight against hunger. The mineral resources of
the ocean beds and of the oceans themselves, are being
increasingly tapped to meet the growing world demand.
We must understand the nature of these resources, and
assure their development without either contaminating
the marine environment or upsetting its balance.
Establishment of the National Oceanic and Atmospheric Administration—NOAA—within the Department
of Commerce would enable us to approach these tasks
in a coordinated way. By employing a unified approach
to the problems of the oceans and atmosphere, we can
increase our knowledge and expand our opportunities
not only in those areas, but in the third major component of our environment, the solid earth, as well.
Scattered through various Federal departments and
agencies, we already have the scientific, technological,
and administrative resources to make an effective, unified approach possible. What we need is to bring them
together. Establishment of NOAA would do so.
By far the largest of the components being merged
would be the Commerce Department’s Environmental
Science Services Administration (ESSA), with some
10,000 employees (70 percent of NOAA’s total personnel
strength) and estimated Fiscal 1970 expenditures of almost $200 million. Placing NOAA within the Department of Commerce therefore entails the least dislocation, while also placing it within a Department which
has traditionally been a center for service activities in
the scientific and technological area.
COMPONENTS OF NOAA

Under terms of Reorganization Plan No. 4, the programs of the following organizations would be moved
into NOAA:
—The Environmental Science Services Administration (from within the Department of Commerce).
—Elements of the Bureau of Commercial Fisheries
(from the Department of the Interior).
—The marine sport fish program of the Bureau of
Sport Fisheries and Wildlife (from the Department
of the Interior).
—The Marine Minerals Technology Center of the Bureau of Mines (from the Department of the Interior).
—The Office of Sea Grant Programs (from the National Science Foundation).
—Elements of the United States Lake Survey (from
the Department of the Army).
In addition, by executive action, the programs of the
following organizations would be transferred to NOAA:
—The National Oceanographic Data Center (from the
Department of the Navy).
—The National Oceanographic Instrumentation Center (from the Department of the Navy).
—The National Data Buoy Project (from the Department of Transportation).
In brief, these are the principal functions of the programs and agencies to be combined:
THE ENVIRONMENTAL SCIENCE SERVICES
ADMINISTRATION
(ESSA) comprises the following components:
—The Weather Bureau (weather, marine, river and
flood forecasting and warning).
—The Coast and Geodetic Survey (earth and marine
description, mapping and charting).
—The Environmental Data Service (storage and retrieval of environmental data).
—The National Environmental Satellite Center (observation of the global environment from earth-orbiting satellites).

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

—The ESSA Research Laboratories (research on
physical environmental problems).
ESSA’s activities include observing and predicting
the state of the oceans, the state of the lower and upper
atmosphere, and the size and shape of the earth. It
maintains the nation’s warning systems for such natural hazards as hurricanes, tornadoes, floods, earthquakes and seismic sea waves. It provides information
for national defense, agriculture, transportation and
industry.
ESSA monitors atmospheric, oceanic and geophysical
phenomena on a global basis, through an unparalleled
complex of air, ocean, earth and space facilities. It also
prepares aeronautical and marine maps and charts.
Bureau of Commercial Fisheries and marine sport
fish activities.—Those fishery activities of the Department of the Interior’s U.S. Fish and Wildlife Service
which are ocean related and those which are directed
toward commercial fishing would be transferred. The
Fish and Wildlife Service’s Bureau of Commercial Fisheries has the dual function of strengthening the fishing
industry and promoting conservation of fishery stocks.
It conducts research on important marine species and
on fundamental oceanography, and operates a fleet of
oceanographic vessels and a number of laboratories.
Most of its activities would be transferred. From the
Fish and Wildlife Service’s Bureau of Sport Fisheries
and Wildlife, the marine sport fishing program would
be transferred. This involves five supporting laboratories and three ships engaged in activities to enhance
marine sport fishing opportunities.
The Marine Minerals Technology Center is concerned
with the development of marine mining technology.
Office of Sea Grant Programs.—The Sea Grant Program was authorized in 1966 to permit the Federal Government to assist the academic and industrial communities in developing marine resources and technology.
It aims at strengthening education and training of marine specialists, supporting applied research in the recovery and use of marine resources, and developing extension and advisory services. The Office carries out
these objectives by making grants to selected academic
institutions.
The U.S. Lake Survey has two primary missions. It
prepares and publishes navigation charts of the Great
Lakes and tributary waters and conducts research on a
variety of hydraulic and hydrologic phenomena of the
Great Lakes’ waters. Its activities are very similar to
those conducted along the Atlantic and Pacific coasts
by ESSA’s Coast and Geodetic Survey.
The National Oceanographic Data Center is responsible for the collection and dissemination of oceanographic data accumulated by all Federal agencies.
The National Oceanographic Instrumentation Center
provides a central Federal service for the calibration
and testing of oceanographic instruments.
The National Data Buoy Development Project was established to determine the feasibility of deploying a
system of automatic ocean buoys to obtain oceanic and
atmospheric data.
ROLE OF NOAA

Drawing these activities together into a single agency would make possible a balanced Federal program to
improve our understanding of the resources of the sea,
and permit their development and use while guarding
against the sort of thoughtless exploitation that in the
past laid waste to so many of our precious natural assets. It would make possible a consolidated program for
achieving a more comprehensive understanding of oceanic and atmospheric phenomena, which so greatly affect our lives and activities. It would facilitate the cooperation between public and private interests that can
best serve the interests of all.
I expect that NOAA would exercise leadership in developing a national oceanic and atmospheric program
of research and development. It would coordinate its
own scientific and technical resources with the technical and operational capabilities of other government
agencies and private institutions. As important, NOAA

Page 5854

would continue to provide those services to other agencies of government, industry and private individuals
which have become essential to the efficient operation
of our transportation systems, our agriculture and our
national security. I expect it to maintain continuing
and close liaison with the new Environmental Protection Agency and the Council on Environmental Quality
as part of an effort to ensure that environmental questions are dealt with in their totality and they benefit
from the full range of the government’s technical and
human resources.
Authorities who have studied this matter, including
the Commission on Marine Science, Engineering and
Resources, strongly recommended the creation of a National Advisory Committee for the Oceans. I agree.
Consequently, I will request, upon approval of the plan,
that the Secretary of Commerce establish a National
Advisory Committee for the Oceans and the Atmosphere to advise him on the progress of governmental
and private programs in achieving the nation’s oceanic
and atmospheric objectives.
AN ON-GOING PROCESS
The reorganizations which I am here proposing afford
both the Congress and the Executive Branch an opportunity to re-evaluate the adequacy of existing program
authorities involved in these consolidations. As these
two new organizations come into being, we may well
find that supplementary legislation to perfect their authorities will be necessary. I look forward to working
with the Congress in this task.
In formulating these reorganization plans, I have
been greatly aided by the work of the President’s Advisory Council on Executive Organization (the Ash Council), the Commission on Marine Science, Engineering
and Resources (the Stratton Commission, appointed by
President Johnson), my special task force on oceanography headed by Dr. James Wakelin, and by the information developed during both House and Senate hearings on proposed NOAA legislation.
Many of those who have advised me have proposed additional reorganizations, and it may well be that in the
future I shall recommend further changes. For the
present, however, I think the two reorganizations
transmitted today represent a sound and significant beginning. I also think that in practical terms, in this
sensitive and rapidly developing area, it is better to
proceed a step at a time—and thus to be sure that we
are not caught up in a form of organizational indigestion from trying to rearrange too much at once. As we
see how these changes work out, we will gain a better
understanding of what further changes—in addition to
these—might be desirable.
Ultimately, our objective should be to insure that the
nation’s environmental and resource protection activities are so organized as to maximize both the effective
coordination of all and the effective functioning of
each.
The Congress, the Administration and the public all
share a profound commitment to the rescue of our natural environment, and the preservation of the Earth as
a place both habitable by and hospitable to man. With
its acceptance of these reorganization plans, the Congress will help us fulfill that commitment.
RICHARD NIXON.
THE WHITE HOUSE, July 9, 1970.
EX. ORD. NO. 11472. CABINET COMMITTEE ON THE ENVIRONMENT AND CITIZENS’ ADVISORY COMMITTEE ON ENVIRONMENTAL QUALITY
Ex. Ord. No. 11472, May 29, 1969, 34 F.R. 8693, as
amended by Ex. Ord. No. 11514, Mar. 5, 1970, 35 F.R. 4247;
Ex. Ord. No. 12007, Aug. 22, 1977, 42 F.R. 42839, provided:
By virtue of the authority vested in me as President
of the United States, it is ordered as follows:
PART I—CABINET COMMITTEE ON THE ENVIRONMENT
SECTION 101. Establishment of the Cabinet Committee. (a)
There is hereby established the Cabinet Committee on

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

the Environment (hereinafter referred to as ‘‘the Cabinet Committee’’).
(b) The President of the United States shall preside
over meetings of the Cabinet Committee. The Vice
President shall preside in the absence of the President.
(c) The Cabinet Committee shall be composed of the
following members:
The Vice President of the United States
Secretary of Agriculture
Secretary of Commerce
Secretary of Health, Education, and Welfare
Secretary of Housing and Urban Development
Secretary of the Interior
Secretary of Transportation
and such other heads of departments and agencies and
others as the President may from time to time direct.
(d) Each member of the Cabinet Committee may designate an alternate, who shall serve as a member of the
Cabinet Committee whenever the regular member is
unable to attend any meeting of the Cabinet Committee.
(e) When matters which affect the interest of Federal
agencies the heads of which are not members of the
Cabinet Committee are to be considered by the Cabinet
Committee, the President or his representative may invite such agency heads or their alternates to participate in the deliberations of the Cabinet Committee.
(f) The Director of the Bureau of the Budget [now the
Director of the Office of Management and Budget], the
Director of the Office of Science and Technology, the
Chairman of the Council of Economic Advisers, and the
Executive Secretary of the Council for Urban Affairs or
their representatives may participate in the deliberations of the Cabinet Committee on the Environment as
observers.
(g) The Chairman of the Council on Environmental
Quality (established by Public Law 91–190) [this chapter] shall assist the President in directing the affairs of
the Cabinet Committee.
SEC. 102. Functions of the Cabinet Committee. (a) The
Cabinet Committee shall advise and assist the President with respect to environmental quality matters
and shall perform such other related duties as the
President may from time to time prescribe. In addition
thereto, the Cabinet Committee is directed to:
(1) Recommend measures to ensure that Federal policies and programs, including those for development and
conservation of natural resources, take adequate account of environmental effects.
(2) Review the adequacy of existing systems for monitoring and predicting environmental changes so as to
achieve effective coverage and efficient use of facilities
and other resources.
(3) Foster cooperation between the Federal Government, State and local governments, and private organizations in environmental programs.
(4) Seek advancement of scientific knowledge of
changes in the environment and encourage the development of technology to prevent or minimize adverse effects that endanger man’s health and well-being.
(5) Stimulate public and private participation in programs and activities to protect against pollution of the
Nation’s air, water, and land and its living resources.
(6) Encourage timely public disclosure by all levels of
government and by private parties of plans that would
affect the quality of environment.
(7) Assure assessment of new and changing technologies for their potential effects on the environment.
(8) Facilitate coordination among departments and
agencies of the Federal Government in protecting and
improving the environment.
(b) The Cabinet Committee shall review plans and actions of Federal agencies affecting outdoor recreation
and natural beauty. The Cabinet Committee may conduct studies and make recommendations to the President on matters of policy in the fields of outdoor recreation and natural beauty. In carrying out the foregoing
provisions of this subsection, the Cabinet Committee
shall, as far as may be practical, advise Federal agencies with respect to the effect of their respective plans

§ 4321

and programs on recreation and natural beauty, and
may suggest to such agencies ways to accomplish the
purposes of this order. For the purposes of this order,
plans and programs may include, but are not limited
to, those for or affecting: (1) Development, restoration,
and preservation of the beauty of the countryside,
urban and suburban areas, water resources, wild rivers,
scenic roads, parkways and highways, (2) the protection
and appropriate management of scenic or primitive
areas, natural wonders, historic sites, and recreation
areas, (3) the management of Federal land and water
resources, including fish and wildlife, to enhance natural beauty and recreational opportunities consistent
with other essential uses, (4) cooperation with the
States and their local subdivisions and private organizations and individuals in areas of mutual interest, (5)
interstate arrangements, including Federal participation where authorized and necessary, and (6) leadership
in a nationwide recreation and beautification effort.
SEC. 103. Coordination. The Secretary of the Interior
may make available to the Cabinet Committee for coordination of outdoor recreation the authorities and resources available to him under the Act of May 28, 1963,
77 Stat. 49 [see 54 U.S.C. 200101], to the extent permitted
by law, he may make such authorities and resources
available to the Cabinet Committee also for promoting
such coordination of other matters assigned to the Cabinet Committee by this order.
SEC. 104. Assistance for the Cabinet Committee. In compliance with provisions of applicable law, and as necessary to serve the purposes of this order, (1) the Council on Environmental Quality (established by Public
Law 91–190) [this chapter] shall provide or arrange for
necessary administrative and staff services, support,
and facilities for the Cabinet Committee, and (2) each
department and agency which has membership on the
Cabinet Committee under Section 101(c) hereof shall
furnish the Cabinet Committee such information and
other assistance as may be available.
PART II—CITIZENS’ ADVISORY COMMITTEE ON
ENVIRONMENTAL QUALITY
[Revoked. Ex. Ord. No. 12007, Aug. 22, 1977, 42 F.R.
42839.]
PART III—GENERAL PROVISIONS
SEC. 301. Construction. Nothing in this order shall be
construed as subjecting any department, establishment, or other instrumentality of the executive branch
of the Federal Government or the head thereof, or any
function vested by law in or assigned pursuant to law
to any such agency or head, to the authority of any
other such agency or head or as abrogating, modifying,
or restricting any such function in any manner.
SEC. 302. Prior bodies and orders. The President’s Council on Recreation and Natural Beauty and the Citizens’
Advisory Committee on Recreation and Natural Beauty
are hereby terminated and the following are revoked:
(1) Executive Order No. 11278 of May 4, 1966.
(2) Executive Order No. 11359A of June 29, 1967.
(3) Executive Order No. 11402 of March 29, 1968.
TERMINATION OF CABINET COMMITTEE ON THE
ENVIRONMENT
The Cabinet Committee on the Environment was terminated and its functions transferred to the Domestic
Council, see section 2(b) of Ex. Ord. No. 11541, eff. July
1, 1970, 35 F.R. 10737, set out as a note under section 501
of Title 31, Money and Finance.
The Domestic Council was abolished by Reorg. Plan
No. 1 of 1977, § 3, 42 F.R. 56101, 91 Stat. 1633, set out in
the Appendix to Title 5, Government Organization and
Employees, effective on or before Apr. 1, 1978, at such
time as specified by the President. Section 5D of Reorg.
Plan No. 1 of 1977 transferred all functions vested in the
Domestic Council to the President with power to delegate the performance of such transferred functions
within the Executive Office of the President.

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

TERMINATION OF CITIZENS’ ADVISORY COMMITTEE ON
ENVIRONMENTAL QUALITY
For provisions relating to termination of Citizens’
Advisory Committee on Environmental Quality see Ex.
Ord. No. 12007, Aug. 22, 1977, 42 F.R. 42839, formerly set
out as a note under section 14 of the Federal Advisory
Committee Act in the Appendix to Title 5, Government
Organization and Employees.
EX. ORD. NO. 11514. PROTECTION AND ENHANCEMENT OF
ENVIRONMENTAL QUALITY
Ex. Ord. No. 11514, Mar. 5, 1970, 35 F.R. 4247, as amended by Ex. Ord. No. 11991, May 24, 1977, 42 F.R. 26967, provided:
By virtue of the authority vested in me as President
of the United States and in furtherance of the purpose
and policy of the National Environmental Policy Act of
1969 (Public Law No. 91–190, approved January 1, 1970)
[this chapter], it is ordered as follows:
SECTION 1. Policy. The Federal Government shall provide leadership in protecting and enhancing the quality
of the Nation’s environment to sustain and enrich
human life. Federal agencies shall initiate measures
needed to direct their policies, plans and programs so
as to meet national environmental goals. The Council
on Environmental Quality, through the Chairman,
shall advise and assist the President in leading this national effort.
SEC. 2. Responsibilities of Federal agencies. Consonant
with Title I of the National Environmental Policy Act
of 1969 [42 U.S.C. 4331 et seq.], hereafter referred to as
the ‘‘Act’’, the heads of Federal agencies shall:
(a) Monitor, evaluate, and control on a continuing
basis their agencies’ activities so as to protect and enhance the quality of the environment. Such activities
shall include those directed to controlling pollution
and enhancing the environment and those designed to
accomplish other program objectives which may affect
the quality of the environment. Agencies shall develop
programs and measures to protect and enhance environmental quality and shall assess progress in meeting
the specific objectives of such activities. Heads of agencies shall consult with appropriate Federal, State and
local agencies in carrying out their activities as they
affect the quality of the environment.
(b) Develop procedures to ensure the fullest practicable provision of timely public information and understanding of Federal plans and programs with environmental impact in order to obtain the views of interested parties. These procedures shall include, whenever
appropriate, provision for public hearings, and shall
provide the public with relevant information, including
information on alternative courses of action. Federal
agencies shall also encourage State and local agencies
to adopt similar procedures for informing the public
concerning their activities affecting the quality of the
environment.
(c) Insure that information regarding existing or potential environmental problems and control methods
developed as part of research, development, demonstration, test, or evaluation activities is made available to
Federal agencies, States, counties, municipalities, institutions, and other entities, as appropriate.
(d) Review their agencies’ statutory authority, administrative regulations, policies, and procedures, including those relating to loans, grants, contracts,
leases, licenses, or permits, in order to identify any deficiencies or inconsistencies therein which prohibit or
limit full compliance with the purposes and provisions
of the Act. A report on this review and the corrective
actions taken or planned, including such measures to
be proposed to the President as may be necessary to
bring their authority and policies into conformance
with the intent, purposes, and procedures of the Act,
shall be provided to the Council on Environmental
Quality not later than September 1, 1970.
(e) Engage in exchange of data and research results,
and cooperate with agencies of other governments to
foster the purposes of the Act.

Page 5856

(f) Proceed, in coordination with other agencies, with
actions required by section 102 of the Act [42 U.S.C.
4332].
(g) In carrying out their responsibilities under the
Act and this Order, comply with the regulations issued
by the Council except where such compliance would be
inconsistent with statutory requirements.
SEC. 3. Responsibilities of Council on Environmental
Quality. The Council on Environmental Quality shall:
(a) Evaluate existing and proposed policies and activities of the Federal Government directed to the control of pollution and the enhancement of the environment and to the accomplishment of other objectives
which affect the quality of the environment. This shall
include continuing review of procedures employed in
the development and enforcement of Federal standards
affecting environmental quality. Based upon such evaluations the Council shall, where appropriate, recommend to the President policies and programs to
achieve more effective protection and enhancement of
environmental quality and shall, where appropriate,
seek resolution of significant environmental issues.
(b) Recommend to the President and to the agencies
priorities among programs designed for the control of
pollution and for enhancement of the environment.
(c) Determine the need for new policies and programs
for dealing with environmental problems not being adequately addressed.
(d) Conduct, as it determines to be appropriate, public hearings or conferences on issues of environmental
significance.
(e) Promote the development and use of indices and
monitoring systems (1) to assess environmental conditions and trends, (2) to predict the environmental impact of proposed public and private actions, and (3) to
determine the effectiveness of programs for protecting
and enhancing environmental quality.
(f) Coordinate Federal programs related to environmental quality.
(g) Advise and assist the President and the agencies
in achieving international cooperation for dealing with
environmental problems, under the foreign policy guidance of the Secretary of State.
(h) Issue regulations to Federal agencies for the implementation of the procedural provisions of the Act (42
U.S.C. 4332(2)). Such regulations shall be developed
after consultation with affected agencies and after such
public hearings as may be appropriate. They will be designed to make the environmental impact statement
process more useful to decisionmakers and the public;
and to reduce paperwork and the accumulation of extraneous background data, in order to emphasize the
need to focus on real environmental issues and alternatives. They will require impact statements to be concise, clear, and to the point, and supported by evidence
that agencies have made the necessary environmental
analyses. The Council shall include in its regulations
procedures (1) for the early preparation of environmental impact statements, and (2) for the referral to
the Council of conflicts between agencies concerning
the implementation of the National Environmental
Policy Act of 1969, as amended [this chapter], and Section 309 of the Clean Air Act, as amended [42 U.S.C.
7609], for the Council’s recommendation as to their
prompt resolution.
(i) Issue such other instructions to agencies, and request such reports and other information from them, as
may be required to carry out the Council’s responsibilities under the Act.
(j) Assist the President in preparing the annual Environmental Quality Report provided for in section 201 of
the Act [42 U.S.C. 4341].
(k) Foster investigations, studies, surveys, research,
and analyses relating to (i) ecological systems and environmental quality, (ii) the impact of new and changing technologies thereon, and (iii) means of preventing
or reducing adverse effects from such technologies.
SEC. 4. Amendments of E.O. 11472. Executive Order No.
11472 of May 29, 1969, including the heading thereof, is
hereby amended:

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

(1) By substituting for the term ‘‘the Environmental
Quality Council’’, wherever it occurs, the following:
‘‘the Cabinet Committee on the Environment’’.
(2) By substituting for the term ‘‘the Council’’, wherever it occurs, the following: ‘‘the Cabinet Committee’’.
(3) By inserting in subsection (f) of section 101, after
‘‘Budget,’’, the following: ‘‘the Director of the Office of
Science and Technology,’’.
(4) By substituting for subsection (g) of section 101
the following:
‘‘(g) The Chairman of the Council on Environmental
Quality (established by Public Law 91–190) [this chapter] shall assist the President in directing the affairs of
the Cabinet Committee.’’
(5) By deleting subsection (c) of section 102.
(6) By substituting for ‘‘the Office of Science and
Technology’’, in section 104, the following: ‘‘the Council
on Environmental Quality (established by Public Law
91–190) [this chapter]’’.
(7) By substituting for ‘‘(hereinafter referred to as the
‘Committee’)’’, in section 201, the following: ‘‘(hereinafter referred to as the ‘Citizens’ Committee’)’’.
(8) By substituting for the term ‘‘the Committee’’,
wherever it occurs, the following: ‘‘the Citizens’ Committee’’.
EX. ORD. NO. 11523. NATIONAL INDUSTRIAL POLLUTION
CONTROL COUNCIL
Ex. Ord. No. 11523, eff. Apr. 9, 1970, 35 F.R. 5993, provided:
By virtue of the authority vested in me as President
of the United States, and in furtherance of the purpose
and policy of the National Environmental Policy Act of
1969 (Public Law 91–190, approved January 1, 1970) [this
chapter], it is ordered as follows:
SECTION 1. Establishment of the Council. (a) There is
hereby established the National Industrial Pollution
Control Council (hereinafter referred to as ‘‘the Industrial Council’’) which shall be composed of a Chairman,
a Vice-chairman, and other representatives of business
and industry appointed by the Secretary of Commerce
(hereinafter referred to as ‘‘the Secretary’’).
(b) The Secretary, with the concurrence of the Chairman, shall appoint an Executive Director of the Industrial Council.
SEC. 2. Functions of the Industrial Council. The Industrial Council shall advise the President and the Chairman of the Council on Environmental Quality, through
the Secretary, on programs of industry relating to the
quality of the environment. In particular, the Industrial Council may—
(1) Survey and evaluate the plans and actions of industry in the field of environmental quality.
(2) Identify and examine problems of the effects on
the environment of industrial practices and the needs
of industry for improvements in the quality of the environment, and recommend solutions to those problems.
(3) Provide liaison among members of the business
and industrial community on environmental quality
matters.
(4) Encourage the business and industrial community
to improve the quality of the environment.
(5) Advise on plans and actions of Federal, State, and
local agencies involving environmental quality policies
affecting industry which are referred to it by the Secretary, or by the Chairman of the Council on Environmental Quality through the Secretary.
SEC. 3. Subordinate Committees. The Industrial Council
may establish, with the concurrence of the Secretary,
such subordinate committees as it may deem appropriate to assist in the performance of its functions.
Each subordinate committee shall be headed by a
chairman appointed by the Chairman of the Industrial
Council with the concurrence of the Secretary.
SEC. 4. Assistance for the Industrial Council. In compliance with applicable law, and as necessary to serve the
purposes of this order, the Secretary shall provide or
arrange for administrative and staff services, support,
and facilities for the Industrial Council and any of its
subordinate committees.

§ 4321

SEC. 5. Expenses. Members of the Industrial Council or
any of its subordinate committees shall receive no
compensation from the United States by reason of their
services hereunder, but may be allowed travel expenses,
including per diem in lieu of subsistence, as authorized
by law (5 U.S.C. 5703) for persons in the Government
service employed intermittently.
SEC. 6. Regulations. The provisions of Executive Order
No. 11007 of February 26, 1962 (3 CFR 573) [see 5 U.S.C.
901 note] prescribing regulations for the formation and
use of advisory committees, are hereby made applicable
to the Industrial Council and each of its subordinate
committees. The Secretary may exercise the discretionary powers set forth in that order.
SEC. 7. Construction. Nothing in this order shall be
construed as subjecting any Federal agency, or any
function vested by law in, or assigned pursuant to law
to, any Federal agency to the authority of any other
Federal agency or of the Industrial Council or of any of
its subordinate committees, or as abrogating or restricting any such function in any manner.
RICHARD NIXON.
EXECUTIVE ORDER NO. 11643
Ex. Ord. No. 11643, eff. Feb. 8, 1972, 37 F.R. 2875, as
amended by Ex. Ord. No. 11870, eff. July 18, 1975, 40 F.R.
30611; Ex. Ord. No. 11917, eff. May 28, 1976, 41 F.R. 22239,
which related to environmental safeguards on activities for animal damage control on Federal lands, was
revoked by Ex. Ord. No. 12342, Jan. 27, 1982, 47 F.R. 4223.
EX. ORD. NO. 11644. USE OF OFF-ROAD VEHICLES ON
PUBLIC LANDS
Ex. Ord. No. 11644, Feb. 8, 1972, 37 F.R. 2877, as amended by Ex. Ord. No. 11989, May 24, 1977, 42 F.R. 26959; Ex.
Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided:
An estimated 5 million off-road recreational vehicles—motorcycles, minibikes, trail bikes, snowmobiles,
dunebuggies, all-terrain vehicles, and others—are in
use in the United States today, and their popularity
continues to increase rapidly. The widespread use of
such vehicles on the public lands—often for legitimate
purposes but also in frequent conflict with wise land
and resource management practices, environmental
values, and other types of recreational activity—has
demonstrated the need for a unified Federal policy toward the use of such vehicles on the public lands.
NOW, THEREFORE, by virtue of the authority vested
in me as President of the United States by the Constitution of the United States and in furtherance of the
purpose and policy of the National Environmental Policy Act of 1969 (42 U.S.C. 4321), it is hereby ordered as
follows:
SECTION 1. Purpose. It is the purpose of this order to
establish policies and provide for procedures that will
ensure that the use of off-road vehicles on public lands
will be controlled and directed so as to protect the resources of those lands, to promote the safety of all
users of those lands, and to minimize conflicts among
the various uses of those lands.
SEC. 2. Definitions. As used in this order, the term:
(1) ‘‘public lands’’ means (A) all lands under the custody and control of the Secretary of the Interior and
the Secretary of Agriculture, except Indian lands, (B)
lands under the custody and control of the Tennessee
Valley Authority that are situated in western Kentucky and Tennessee and are designated as ‘‘Land Between the Lakes,’’ and (C) lands under the custody and
control of the Secretary of Defense;
(2) ‘‘respective agency head’’ means the Secretary of
the Interior, the Secretary of Defense, the Secretary of
Agriculture, and the Board of Directors of the Tennessee Valley Authority, with respect to public lands
under the custody and control of each;
(3) ‘‘off-road vehicle’’ means any motorized vehicle
designed for or capable of cross-country travel on or
immediately over land, water, sand, snow, ice, marsh,
swampland, or other natural terrain; except that such
term excludes (A) any registered motorboat, (B) any

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

fire, military, emergency or law enforcement vehicle
when used for emergency purposes, and any combat or
combat support vehicle when used for national defense
purposes, and (C) any vehicle whose use is expressly authorized by the respective agency head under a permit,
lease, license, or contract; and
(4) ‘‘official use’’ means use by an employee, agent, or
designated representative of the Federal Government
or one of its contractors in the course of his employment, agency, or representation.
SEC. 3. Zones of Use. (a) Each respective agency head
shall develop and issue regulations and administrative
instructions, within six months of the date of this
order, to provide for administrative designation of the
specific areas and trails on public lands on which the
use of off-road vehicles may be permitted, and areas in
which the use of off-road vehicles may not be permitted, and set a date by which such designation of all
public lands shall be completed. Those regulations
shall direct that the designation of such areas and
trails will be based upon the protection of the resources
of the public lands, promotion of the safety of all users
of those lands, and minimization of conflicts among the
various uses of those lands. The regulations shall further require that the designation of such areas and
trails shall be in accordance with the following—
(1) Areas and trails shall be located to minimize damage to soil, watershed, vegetation, or other resources of
the public lands.
(2) Areas and trails shall be located to minimize harassment of wildlife or significant disruption of wildlife
habitats.
(3) Areas and trails shall be located to minimize conflicts between off-road vehicle use and other existing or
proposed recreational uses of the same or neighboring
public lands, and to ensure the compatibility of such
uses with existing conditions in populated areas, taking into account noise and other factors.
(4) Areas and trails shall not be located in officially
designated Wilderness Areas or Primitive Areas. Areas
and trails shall be located in areas of the National Park
system, Natural Areas, or National Wildlife Refuges
and Game Ranges only if the respective agency head
determines that off-road vehicle use in such locations
will not adversely affect their natural, aesthetic, or
scenic values.
(b) The respective agency head shall ensure adequate
opportunity for public participation in the promulgation of such regulations and in the designation of areas
and trails under this section.
(c) The limitations on off-road vehicle use imposed
under this section shall not apply to official use.
SEC. 4. Operating Conditions. Each respective agency
head shall develop and publish, within one year of the
date of this order, regulations prescribing operating
conditions for off-road vehicles on the public lands.
These regulations shall be directed at protecting resource values, preserving public health, safety, and welfare, and minimizing use conflicts.
SEC. 5. Public Information. The respective agency head
shall ensure that areas and trails where off-road vehicle
use is permitted are well marked and shall provide for
the publication and distribution of information, including maps, describing such areas and trails and explaining the conditions on vehicle use. He shall seek cooperation of relevant State agencies in the dissemination of this information.
SEC. 6. Enforcement. The respective agency head shall,
where authorized by law, prescribe appropriate penalties for violation of regulations adopted pursuant to
this order, and shall establish procedures for the enforcement of those regulations. To the extent permitted by law, he may enter into agreements with
State or local governmental agencies for cooperative
enforcement of laws and regulations relating to 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,

Page 5858

the Secretary of the Interior shall, as appropriate, consult with the Secretary of Energy and the Nuclear Regulatory Commission.
SEC. 8. Monitoring of Effects and Review. (a) The respective agency head shall monitor the effects of the
use of off-road vehicles on lands under their jurisdictions. On the basis of the information gathered, they
shall from time to time amend or rescind designation
of areas or other actions taken pursuant to this order
as necessary to further the policy of this order.
(b) The Council on Environmental Quality shall
maintain a continuing review of the implementation of
this order.
SEC. 9. Special Protection of the Public Lands. (a) Notwithstanding the provisions of Section 3 of this Order,
the respective agency head shall, whenever he determines that the use of off-road vehicles will cause or is
causing considerable adverse effects on the soil, vegetation, wildlife, wildlife habitat or cultural or historic resources of particular areas or trails of the public lands,
immediately close such areas or trails to the type of
off-road vehicle causing such effects, until such time as
he determines that such adverse effects have been
eliminated and that measures have been implemented
to prevent future recurrence.
(b) Each respective agency head is authorized to
adopt the policy that portions of the public lands within his jurisdiction shall be closed to use by off-road vehicles except those areas or trails which are suitable
and specifically designated as open to such use pursuant to Section 3 of this Order.
EXECUTIVE ORDER NO. 11987
Ex. Ord. No. 11987, May 24, 1977, 42 F.R. 26949, which
directed executive agencies, and encouraged States,
local governments, and private citizens, to restrict the
introduction of exotic species into the natural ecosystems on lands and waters under their control, and
which directed executive agencies to restrict the exportation of native species for introduction of such species
into ecosystems outside the United States where they
do not naturally occur, unless such introduction or exportation was found not to have an adverse effect on
natural ecosystems, was revoked by Ex. Ord. No. 13112,
§ 6(b), Feb. 3, 1999, 64 F.R. 6186, set out below.
EX. ORD. NO. 11988. FLOODPLAIN MANAGEMENT
Ex. Ord. No. 11988, May 24, 1977, 42 F.R. 26951, as
amended by Ex. Ord. No. 12148, July 20, 1979, 44 F.R.
43239; Ex. Ord. No. 13690, § 2, Jan. 30, 2015, 80 F.R. 6425,
provided:
By virtue of the authority vested in me by the Constitution and statutes of the United States of America,
and as President of the United States of America, in
furtherance of the National Environmental Policy Act
of 1969, as amended (42 U.S.C. 4321 et seq.), the National
Flood Insurance Act of 1968, as amended (42 U.S.C. 4001
et seq.), and the Flood Disaster Protection Act of 1973
(Public Law 93–234, 87 Stat. 975) [see Short Title of 1973
Amendment note set out under 42 U.S.C. 4001], in order
to avoid to the extent possible the long and short term
adverse impacts associated with the occupancy and
modification of floodplains and to avoid direct or indirect support of floodplain development wherever there
is a practicable alternative, it is hereby ordered as follows:
SECTION 1. Each agency shall provide leadership and
shall take action to reduce the risk of flood loss, to
minimize the impact of floods on human safety, health
and welfare, and to restore and preserve the natural
and beneficial values served by floodplains in carrying
out its responsibilities for (1) acquiring, managing, and
disposing of Federal lands and facilities; (2) providing
Federally undertaken, financed, or assisted construction and improvements; and (3) conducting Federal activities and programs affecting land use, including but
not limited to water and related land resources planning, regulating, and licensing activities.
SEC. 2. In carrying out the activities described in Section 1 of this Order, each agency has a responsibility to

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

evaluate the potential effects of any actions it may
take in a floodplain; to ensure that its planning programs and budget requests reflect consideration of
flood hazards and floodplain management; and to prescribe procedures to implement the policies and requirements of this Order, as follows, to the extent permitted by law:
(a)(1) Before taking an action, each agency shall determine whether the proposed action will occur in a
floodplain—for major Federal actions significantly affecting the quality of the human environment, the
evaluation required below will be included in any statement prepared under Section 102(2)(C) of the National
Environmental Policy Act [42 U.S.C. 4332(2)(C)]. To determine whether the action is located in a floodplain,
the agency shall use one of the approaches in Section
6(c) of this Order based on the best-available information and the Federal Emergency Management Agency’s
effective Flood Insurance Rate Map.
(2) If an agency has determined to, or proposes to,
conduct, support, or allow an action to be located in a
floodplain, the agency shall consider alternatives to
avoid adverse effects and incompatible development in
the floodplains. Where possible, an agency shall use
natural systems, ecosystem processes, and naturebased approaches when developing alternatives for consideration. If the head of the agency finds that the only
practicable alternative consistent with the law and
with the policy set forth in this Order requires siting in
a floodplain, the agency shall, prior to taking action,
(i) design or modify its action in order to minimize potential harm to or within the floodplain, consistent
with regulations issued in accord with Section 2(d) of
this Order, and (ii) prepare and circulate a notice containing an explanation of why the action is proposed to
be located in the floodplain.
(3) For programs subject to the Office of Management
and Budget Circular A–95, the agency shall send the notice, not to exceed three pages in length including a location map, to the state and areawide A–95 clearinghouses for the geographic areas affected. The notice
shall include: (i) the reasons why the action is proposed
to be located in a floodplain; (ii) a statement indicating
whether the action conforms to applicable state or
local floodplain protection standards and (iii) a list of
the alternatives considered. Agencies shall endeavor to
allow a brief comment period prior to taking any action.
(4) Each agency shall also provide opportunity for
early public review of any plans or proposals for actions in floodplains, in accordance with Section 2(b) of
Executive Order No. 11514, as amended [set out above],
including the development of procedures to accomplish
this objective for Federal actions whose impact is not
significant enough to require the preparation of an environmental impact statement under Section 102(2)(C)
of the National Environmental Policy Act of 1969, as
amended [42 U.S.C. 4332(2)(C)].
(b) Any requests for new authorizations or appropriations transmitted to the Office of Management and
Budget shall indicate, if an action to be proposed will
be located in a floodplain, whether the proposed action
is in accord with this Order.
(c) Each agency shall take floodplain management
into account when formulating or evaluating any water
and land use plans and shall require land and water resources use appropriate to the degree of hazard involved. Agencies shall include adequate provision for
the evaluation and consideration of flood hazards in the
regulations and operating procedures for the licenses,
permits, loan or grants-in-aid programs that they administer. Agencies shall also encourage and provide appropriate guidance to applicants to evaluate the effects
of their proposals in floodplains prior to submitting applications for Federal licenses, permits, loans or
grants.
(d) As allowed by law, each agency shall issue or
amend existing regulations and procedures within one
year to comply with this Order. These procedures shall
incorporate the Unified National Program for Flood-

§ 4321

plain Management of the Water Resources Council, and
shall explain the means that the agency will employ to
pursue the nonhazardous use of riverine, coastal and
other floodplains in connection with the activities
under its authority. To the extent possible, existing
processes, such as those of the Council on Environmental Quality and the Water Resources Council, shall
be utilized to fulfill the requirements of this Order.
Agencies shall prepare their procedures in consultation
with the Water Resources Council, the Administrator
of the Federal Emergency Management Agency, and
the Council on Environmental Quality, and shall update such procedures as necessary.
SEC. 3. In addition to the requirements of Section 2,
agencies with responsibilities for Federal real property
and facilities shall take the following measures:
(a) The regulations and procedures established under
Section 2(d) of this Order shall, at a minimum, require
the construction of Federal structures and facilities to
be in accordance with the standards and criteria and to
be consistent with the intent of those promulgated
under the National Flood Insurance Program. The regulations and procedures must also be consistent with
the Federal Flood Risk Management Standard
(FFRMS). They shall deviate only to the extent that
the standards of the Flood Insurance Program and
FFRMS are demonstrably inappropriate for a given
type of structure or facility.
(b) If, after compliance with the requirements of this
Order, new construction of structures or facilities are
to be located in a floodplain, accepted floodproofing
and other flood protection measures shall be applied to
new construction or rehabilitation. To achieve flood
protection, agencies shall, wherever practicable, elevate structures above the elevation of the floodplain as
defined in Section 6(c) of this Order rather than filling
in land.
(c) If property used by the general public has suffered
flood damage or is located in an identified flood hazard
area, the responsible agency shall provide on structures, and other places where appropriate, conspicuous
delineation of past and probable flood height in order
to enhance public awareness of and knowledge about
flood hazards.
(d) When property in floodplains is proposed for lease,
easement, right-of-way, or disposal to non-Federal public or private parties, the Federal agency shall (1) reference in the conveyance those uses that are restricted
under identified Federal, State or local floodplain regulations; and (2) attach other appropriate restrictions to
the uses of properties by the grantee or purchaser and
any successors, except where prohibited by law; or (3)
withhold such properties from conveyance.
SEC. 4. In addition to any responsibilities under this
Order and Sections 102, 202, and 205 of the Flood Disaster Protection Act of 1973, as amended (42 U.S.C.
4012a, 4106, and 4128), agencies which guarantee, approve, regulate, or insure any financial transaction
which is related to an area located in an area subject
to the base flood shall, prior to completing action on
such transaction, inform any private parties participating in the transaction of the hazards of locating
structures in the area subject to the base flood.
SEC. 5. The head of each agency shall submit a report
to the Council on Environmental Quality and to the
Water Resources Council on June 30, 1978, regarding the
status of their procedures and the impact of this Order
on the agency’s operations. Thereafter, the Water Resources Council shall periodically evaluate agency procedures and their effectiveness.
SEC. 6. As used in this Order:
(a) The term ‘‘agency’’ shall have the same meaning
as the term ‘‘Executive agency’’ in Section 105 of Title
5 of the United States Code and shall include the military departments; the directives contained in this
Order, however, are meant to apply only to those agencies which perform the activities described in Section
1 which are located in or affecting floodplains.
(b) The term ‘‘base flood’’ shall mean that flood
which has a one percent or greater chance of occurrence in any given year.

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

(c) The term ‘‘floodplain’’ shall mean the lowland and
relatively flat areas adjoining inland and coastal waters including floodprone areas of offshore islands. The
floodplain shall be established using one of the following approaches:
(1) Unless an exception is made under paragraph (2),
the floodplain shall be:
(i) the elevation and flood hazard area that result
from using a climate-informed science approach that
uses the best-available, actionable hydrologic and hydraulic data and methods that integrate current and
future changes in flooding based on climate science.
This approach will also include an emphasis on whether
the action is a critical action as one of the factors to
be considered when conducting the analysis;
(ii) the elevation and flood hazard area that result
from using the freeboard value, reached by adding an
additional 2 feet to the base flood elevation for noncritical actions and by adding an additional 3 feet to
the base flood elevation for critical actions;
(iii) the area subject to flooding by the 0.2 percent annual chance flood; or
(iv) the elevation and flood hazard area that result
from using any other method identified in an update to
the FFRMS.
(2) The head of an agency may except an agency action from paragraph (1) where it is in the interest of national security, where the agency action is an emergency action, where application to a Federal facility or
structure is demonstrably inappropriate, or where the
agency action is a mission-critical requirement related
to a national security interest or an emergency action.
When an agency action is excepted from paragraph (1)
because it is in the interest of national security, it is
an emergency action, or it is a mission-critical requirement related to a national security interest or an
emergency action, the agency head shall rely on the
area of land subject to the base flood.
(d) The term ‘‘critical action’’ shall mean any activity for which even a slight chance of flooding would be
too great.
SEC. 7. Executive Order No. 11296 of August 10, 1966, is
hereby revoked. All actions, procedures, and issuances
taken under that Order and still in effect shall remain
in effect until modified by appropriate authority under
the terms of this Order.
SEC. 8. Nothing in this Order shall apply to assistance
provided for emergency work essential to save lives and
protect property and public health and safety, performed pursuant to Sections 403 and 502 of the Robert
T. Stafford Disaster Relief and Emergency Assistance
Act of 1988 (42 U.S.C. 5170b and 5192).
SEC. 9. To the extent the provisions of Section 2(a) of
this Order are applicable to projects covered by Section
104(h) of the Housing and Community Development Act
of 1974, as amended (88 Stat. 640, 42 U.S.C. 5304(h)), the
responsibilities under those provisions may be assumed
by the appropriate applicant, if the applicant has also
assumed, with respect to such projects, all of the responsibilities for environmental review, decisionmaking, and action pursuant to the National Environmental Policy Act of 1969, as amended [42 U.S.C. 4321].
EX. ORD. NO. 11990. PROTECTION OF WETLANDS
Ex. Ord. No. 11990, May 24, 1977, 42 F.R. 26961, as
amended by Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R.
34617, provided:
By virtue of the authority vested in me by the Constitution and statutes of the United States of America,
and as President of the United States of America, in
furtherance of the National Environmental Policy Act
of 1969, as amended (42 U.S.C. 4321 et seq.), in order to
avoid to the extent possible the long and short term adverse impacts associated with the destruction or modification of wetlands and to avoid direct or indirect support of new construction in wetlands wherever there is
a practicable alternative, it is hereby ordered as follows:
SECTION 1. (a) Each agency shall provide leadership
and shall take action to minimize the destruction, loss

Page 5860

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

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

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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(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-

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

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);

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(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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(6) the degree to which the agency is involved in or
able to affect a decision to be made.
(c) Agency procedure under Section 2–1 may provide
for categorical exclusions and for such exemptions in
addition to those specified in subsection (a) of this Section as may be necessary to meet emergency circumstances, situations involving exceptional foreign
policy and national security sensitivities and other
such special circumstances. In utilizing such additional
exemptions agencies shall, as soon as feasible, consult
with the Department of State and the Council on Environmental Quality.
(d) The provisions of Section 2–5 do not apply to actions described in Section 2–3(a) unless permitted by
law.
SECTION 3
3–1. Rights of Action. This Order is solely for the purpose of establishing internal procedures for Federal
agencies to consider the significant effects of their actions on the environment outside the United States, its
territories and possessions, and nothing in this Order
shall be construed to create a cause of action.
3–2. Foreign Relations. The Department of State shall
coordinate all communications by agencies with foreign governments concerning environmental agreements and other arrangements in implementation of
this Order.
3–3. Multi-Agency Actions. Where more than one Federal agency is involved in an action or program, a lead
agency, as determined by the agencies involved, shall
have responsibility for implementation of this Order.
3–4. Certain Terms. For purposes of this Order, ‘‘environment’’ means the natural and physical environment
and excludes social, economic and other environments;
and an action significantly affects the environment if
it does significant harm to the environment even
though on balance the agency believes the action to be
beneficial to the environment. The term ‘‘export approvals’’ in Section 2–5(a)(v) does not mean or include
direct loans to finance exports.
3–5. Multiple Impacts. If a major Federal action having
effects on the environment of the United States or the
global commons requires preparation of an environmental impact statement, and if the action also has effects on the environment of a foreign nation, an environmental impact statement need not be prepared with
respect to the effects on the environment of the foreign
nation.
JIMMY CARTER.
EXECUTIVE ORDER NO. 12194
Ex. Ord. No. 12194, Feb. 21, 1980, 45 F.R. 12209, which
established the Radiation Policy Council and provided
for its membership, functions, etc., was revoked by Ex.
Ord. No. 12379, § 23, Aug. 17, 1982, 47 F.R. 36100, formerly
set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to Title 5, Government Organization and Employees.
EXECUTIVE ORDER NO. 12737
Ex. Ord. No. 12737, Dec. 12, 1990, 55 F.R. 51681, which
established President’s Commission on Environmental
Quality and provided for its functions and administration, was revoked by Ex. Ord. No. 12852, § 4(c), June 29,
1993, 58 F.R. 35841, formerly set out below.
EX. ORD. NO. 12761. ESTABLISHMENT OF PRESIDENT’S
ENVIRONMENT AND CONSERVATION CHALLENGE AWARDS
Ex. Ord. No. 12761, May 21, 1991, 56 F.R. 23645, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, and in order to establish, in accordance with
the goals and purposes of the National Environmental
Policy Act of 1969, as amended (42 U.S.C. 4321 et seq.),
the Environmental Quality Improvement Act of 1970, as
amended (42 U.S.C. 4371 et seq.), and the National Environmental Education Act, Public Law 101–619, 104 Stat.

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

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; Ex. Ord. No. 14008, § 220, Jan. 27, 2021, 86 F.R. 7629,
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:

Page 5864

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) There is hereby created within
the Executive Office of the President a White House
Environmental Justice Interagency Council (Interagency Council). The Chair of the Council on Environmental Quality shall serve as Chair of the Interagency
Council.
(b) Membership. The Interagency Council shall consist of the following additional members:
(i) the Secretary of Defense;
(ii) the Attorney General;
(iii) the Secretary of the Interior;
(iv) the Secretary of Agriculture;
(v) the Secretary of Commerce;
(vi) the Secretary of Labor;
(vii) the Secretary of Health and Human Services;
(viii) the Secretary of Housing and Urban Development;
(ix) the Secretary of Transportation;
(x) the Secretary of Energy;
(xi) the Chair of the Council of Economic Advisers;
(xii) the Administrator of the Environmental Protection Agency;
(xiii) the Director of the Office of Management and
Budget;
(xiv) the Executive Director of the Federal Permitting Improvement Steering Council;
(xv) the Director of the Office of Science and Technology Policy;
(xvi) the National Climate Advisor;
(xvii) the Assistant to the President for Domestic
Policy; and
(xviii) the Assistant to the President for Economic
Policy.
(c) At the direction of the Chair, the Interagency
Council may establish subgroups consisting exclusively
of Interagency Council members or their designees
under this section, as appropriate.
(d) Mission and Work. The Interagency Council shall
develop a strategy to address current and historic environmental injustice by consulting with the White
House Environmental Justice Advisory Council and
with local environmental justice leaders. The Interagency Council shall also develop clear performance
metrics to ensure accountability, and publish an annual public performance scorecard on its implementation.
(e) Administration. The Office of Administration
within the Executive Office of the President shall provide funding and administrative support for the Interagency Council, to the extent permitted by law and
within existing appropriations. To the extent permitted
by law, including the Economy Act (31 U.S.C. 1535), and
subject to the availability of appropriations, the Department of Labor, the Department of Transportation,
and the Environmental Protection Agency shall provide administrative support as necessary.
(f) Meetings and Staff. The Chair shall convene regular meetings of the Council, determine its agenda, and
direct its work. The Chair shall designate an Executive
Director of the Council, who shall coordinate the work
of the Interagency Council and head any staff assigned
to the Council.
(g) Officers. To facilitate the work of the Interagency
Council, the head of each agency listed in subsection
(b) shall assign a designated official within the agency
to be an Environmental Justice Officer, with the au-

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thority to represent the agency on the Interagency
Council and perform such other duties relating to the
implementation of this order within the agency as the
head of the agency deems appropriate.
1–103. Development of Agency Strategies. (a) Except as
provided in section 6–605 of this order, each Federal
agency shall develop an agency-wide environmental
justice strategy, as set forth in subsections (b)–(e) of
this section that identifies and addresses disproportionately high and adverse human health or environmental
effects of its programs, policies, and activities on minority populations and low-income populations. The
environmental justice strategy shall list programs,
policies, planning and public participation processes,
enforcement, and/or rulemakings related to human
health or the environment that should be revised to, at
a minimum: (1) promote enforcement of all health and
environmental statutes in areas with minority populations and low-income populations; (2) ensure greater
public participation; (3) improve research and data collection relating to the health of and environment of
minority populations and low-income populations; and
(4) identify differential patterns of consumption of natural resources among minority populations and low-income populations. In addition, the environmental justice strategy shall include, where appropriate, a timetable for undertaking identified revisions and consideration of economic and social implications of the revisions.
(b) Within 4 months of the date of this order, each
Federal agency shall identify an internal administrative process for developing its environmental justice
strategy, and shall inform the Working Group of the
process.
(c) Within 6 months of the date of this order, each
Federal agency shall provide the Working Group with
an outline of its proposed environmental justice strategy.
(d) Within 10 months of the date of this order, each
Federal agency shall provide the Working Group with
its proposed environmental justice strategy.
(e) By March 24, 1995, each Federal agency shall finalize its environmental justice strategy and provide a
copy and written description of its strategy to the
Working Group. From the date of this order through
March 24, 1995, each Federal agency, as part of its environmental justice strategy, shall identify several specific projects that can be promptly undertaken to address particular concerns identified during the development of the proposed environmental justice strategy,
and a schedule for implementing those projects.
(f) Within 24 months of the date of this order, each
Federal agency shall report to the Working Group on
its progress in implementing its agency-wide environmental justice strategy.
(g) Federal agencies shall provide additional periodic
reports to the Working Group as requested by the
Working Group.
1–104. Reports to the President. Within 14 months of the
date of this order, the Working Group shall submit to
the President, through the Office of the Deputy Assistant to the President for Environmental Policy and the
Office of the Assistant to the President for Domestic
Policy, a report that describes the implementation of
this order, and includes the final environmental justice
strategies described in section 1–103(e) of this order.
SEC. 2–2. FEDERAL AGENCY RESPONSIBILITIES
FOR FEDERAL PROGRAMS. Each Federal agency
shall conduct its programs, policies, and activities that
substantially affect human health or the environment,
in a manner that ensures that such programs, policies,
and activities do not have the effect of excluding persons (including populations) from participation in, denying persons (including populations) the benefits of,
or subjecting persons (including populations) to discrimination under, such programs, policies, and activities, because of their race, color, or national origin.
SEC. 3–3. RESEARCH, DATA COLLECTION, AND
ANALYSIS.
3–301. Human Health and Environmental Research and
Analysis. (a) Environmental human health research,

§ 4321

whenever practicable and appropriate, shall include diverse segments of the population in epidemiological
and clinical studies, including segments at high risk
from environmental hazards, such as minority populations, low-income populations and workers who may
be exposed to substantial environmental hazards.
(b) Environmental human health analyses, whenever
practicable and appropriate, shall identify multiple and
cumulative exposures.
(c) Federal agencies shall provide minority populations and low-income populations the opportunity to
comment on the development and design of research
strategies undertaken pursuant to this order.
3–302. Human Health and Environmental Data Collection
and Analysis. To the extent permitted by existing law,
including the Privacy Act, as amended (5 U.S.C. section
552a): (a) each Federal agency, whenever practicable
and appropriate, shall collect, maintain, and analyze
information assessing and comparing environmental
and human health risks borne by populations identified
by race, national origin, or income. To the extent practical and appropriate, Federal agencies shall use this
information to determine whether their programs, policies, and activities have disproportionately high and
adverse human health or environmental effects on minority populations and low-income populations;
(b) In connection with the development and implementation of agency strategies in section 1–103 of this
order, each Federal agency, whenever practicable and
appropriate, shall collect, maintain and analyze information on the race, national origin, income level, and
other readily accessible and appropriate information
for areas surrounding facilities or sites expected to
have a substantial environmental, human health, or
economic effect on the surrounding populations, when
such facilities or sites become the subject of a substantial Federal environmental administrative or judicial
action. Such information shall be made available to the
public, unless prohibited by law; and
(c) Each Federal agency, whenever practicable and
appropriate, shall collect, maintain, and analyze information on the race, national origin, income level, and
other readily accessible and appropriate information
for areas surrounding Federal facilities that are: (1)
subject to the reporting requirements under the Emergency Planning and Community Right-to-Know Act, 42
U.S.C. section 11001–11050 as mandated in Executive
Order No. 12856 [former 42 U.S.C. 11001 note]; and (2) expected to have a substantial environmental, human
health, or economic effect on surrounding populations.
Such information shall be made available to the public,
unless prohibited by law.
(d) In carrying out the responsibilities in this section,
each Federal agency, whenever practicable and appropriate, shall share information and eliminate unnecessary duplication of efforts through the use of existing
data systems and cooperative agreements among Federal agencies and with State, local, and tribal governments.
SEC. 4–4. SUBSISTENCE CONSUMPTION OF FISH
AND WILDLIFE.
4–401. Consumption Patterns. In order to assist in identifying the need for ensuring protection of populations
with differential patterns of subsistence consumption
of fish and wildlife, Federal agencies, whenever practicable and appropriate, shall collect, maintain, and
analyze information on the consumption patterns of
populations who principally rely on fish and/or wildlife
for subsistence. Federal agencies shall communicate to
the public the risks of those consumption patterns.
4–402. Guidance. Federal agencies, whenever practicable and appropriate, shall work in a coordinated
manner to publish guidance reflecting the latest scientific information available concerning methods for
evaluating the human health risks associated with the
consumption of pollutant-bearing fish or wildlife.
Agencies shall consider such guidance in developing
their policies and rules.
SEC. 5–5. PUBLIC PARTICIPATION AND ACCESS TO
INFORMATION. (a) The public may submit rec-

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

ommendations 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.
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.
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:

Page 5866

By the authority vested in me as President by the
Constitution and the laws of the United States of
America, it is hereby ordered as follows:
SECTION 1. Policy.
1–101. A growing body of scientific knowledge demonstrates that children may suffer disproportionately
from environmental health risks and safety risks.
These risks arise because: children’s neurological,
immunological, digestive, and other bodily systems are
still developing; children eat more food, drink more
fluids, and breathe more air in proportion to their body
weight than adults; children’s size and weight may diminish their protection from standard safety features;
and children’s behavior patterns may make them more
susceptible to accidents because they are less able to
protect themselves. Therefore, to the extent permitted
by law and appropriate, and consistent with the agency’s mission, each Federal agency:
(a) shall make it a high priority to identify and assess environmental health risks and safety risks that
may disproportionately affect children; and
(b) shall ensure that its policies, programs, activities,
and standards address disproportionate risks to children that result from environmental health risks or
safety risks.
1–102. Each independent regulatory agency is encouraged to participate in the implementation of this order
and comply with its provisions.
SEC. 2. Definitions. The following definitions shall
apply to this order.
2–201. ‘‘Federal agency’’ means any authority of the
United States that is an agency under 44 U.S.C. 3502(1)
other than those considered to be independent regulatory agencies under 44 U.S.C. 3502(5). For purposes of
this order, ‘‘military departments,’’ as defined in 5
U.S.C. 102, are covered under the auspices of the Department of Defense.
2–202. ‘‘Covered regulatory action’’ means any substantive action in a rulemaking, initiated after the
date of this order or for which a Notice of Proposed
Rulemaking is published 1 year after the date of this
order, that is likely to result in a rule that may:
(a) be ‘‘economically significant’’ under Executive
Order 12866 [5 U.S.C. 601 note] (a rulemaking that has
an annual effect on the economy of $100 million or more
or would adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or
State, local, or tribal governments or communities);
and
(b) concern an environmental health risk or safety
risk that an agency has reason to believe may disproportionately affect children.
2–203. ‘‘Environmental health risks and safety risks’’
mean risks to health or to safety that are attributable
to products or substances that the child is likely to
come in contact with or ingest (such as the air we
breath, the food we eat, the water we drink or use for
recreation, the soil we live on, and the products we use
or are exposed to).
SEC. 3. Task Force on Environmental Health Risks and
Safety Risks to Children.
3–301. There is hereby established the Task Force on
Environmental Health Risks and Safety Risks to Children (‘‘Task Force’’).
3–302. The Task Force will report to the President in
consultation with the Domestic Policy Council, the National Science and Technology Council, the Council on
Environmental Quality, and the Office of Management
and Budget (OMB).
3–303. Membership. The Task Force shall be composed
of the:
(a) Secretary of Health and Human Services, who
shall serve as a Co-Chair of the Council;
(b) Administrator of the Environmental Protection
Agency, who shall serve as a Co-Chair of the Council;
(c) Secretary of Education;
(d) Secretary of Labor;
(e) Attorney General;
(f) Secretary of Energy;

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(g) Secretary of Housing and Urban Development;
(h) Secretary of Agriculture;
(i) Secretary of Transportation;
(j) Director of the Office of Management and Budget;
(k) Chair of the Council on Environmental Quality;
(l) Chair of the Consumer Product Safety Commission;
(m) Assistant to the President for Economic Policy;
(n) Assistant to the President for Domestic Policy;
(o) Director of the Office of Science and Technology
Policy;
(p) Chair of the Council of Economic Advisers; and
(q) Such other officials of executive departments and
agencies as the President may, from time to time, designate.
Members of the Task Force may delegate their responsibilities under this order to subordinates.
3–304. Functions. The Task Force shall recommend to
the President Federal strategies for children’s environmental health and safety, within the limits of the Administration’s budget, to include the following elements:
(a) statements of principles, general policy, and targeted annual priorities to guide the Federal approach
to achieving the goals of this order;
(b) a coordinated research agenda for the Federal
Government, including steps to implement the review
of research databases described in section 4 of this
order;
(c) recommendations for appropriate partnerships
among Federal, State, local, and tribal governments
and the private, academic, and nonprofit sectors;
(d) proposals to enhance public outreach and communication to assist families in evaluating risks to children and in making informed consumer choices;
(e) an identification of high-priority initiatives that
the Federal Government has undertaken or will undertake in advancing protection of children’s environmental health and safety; and
(f) a statement regarding the desirability of new legislation to fulfill or promote the purposes of this order.
3–305. The Task Force shall prepare a biennial report
on research, data, or other information that would enhance our ability to understand, analyze, and respond
to environmental health risks and safety risks to children. For purposes of this report, executive departments, the Environmental Protection Agency, and
other agencies identified by the Task Force shall identify and specifically describe for the Task Force key
data needs related to environmental health risks and
safety risks to children that have arisen in the course
of the agency’s programs and activities. Each report
shall also detail the accomplishments of the Task
Force from the date of the preceding report. The Task
Force shall incorporate agency submissions into its report and ensure that this report is publicly available
and widely disseminated. The Office of Science and
Technology Policy and the National Science and Technology Council shall ensure that this report is fully
considered in establishing research priorities.
3–306. The Task Force shall exist for 8 years from the
date of this order.
SEC. 4. Research Coordination and Integration.
4–401. Within 6 months of the date of this order, the
Task Force shall develop or direct to be developed a review of existing and planned data resources and a proposed plan for ensuring that researchers and Federal
research agencies have access to information on all research conducted or funded by the Federal Government
that is related to adverse health risks in children resulting from exposure to environmental health risks or
safety risks. The National Science and Technology
Council shall review the plan.
4–402. The plan shall promote the sharing of information on academic and private research. It shall include
recommendations to encourage that such data, to the
extent permitted by law, is available to the public, the
scientific and academic communities, and all Federal
agencies.
SEC. 5. Agency Environmental Health Risk or Safety Risk
Regulations.

§ 4321

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
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:

§ 4321

TITLE 42—THE PUBLIC HEALTH AND WELFARE

SECTION 1. Policies.
(a) The American Heritage Rivers initiative has three
objectives: natural resource and environmental protection, economic revitalization, and historic and cultural
preservation.
(b) Executive agencies (‘‘agencies’’), to the extent
permitted by law and consistent with their missions
and resources, shall coordinate Federal plans, functions, programs, and resources to preserve, protect, and
restore rivers and their associated resources important
to our history, culture, and natural heritage.
(c) Agencies shall develop plans to bring increased efficiencies to existing and authorized programs with
goals that are supportive of protection and restoration
of communities along rivers.
(d) In accordance with Executive Order 12630 [5 U.S.C.
601 note], agencies shall act with due regard for the
protection of private property provided for by the Fifth
Amendment to the United States Constitution. No new
regulatory authority is created as a result of the American Heritage Rivers initiative. This initiative will not
interfere with matters of State, local, and tribal government jurisdiction.
(e) In furtherance of these policies, the President will
designate rivers that meet certain criteria as ‘‘American Heritage Rivers.’’
(f) It is the policy of the Federal Government that
communities shall nominate rivers as American Heritage Rivers and the Federal role will be solely to support community-based efforts to preserve, protect, and
restore these rivers and their communities.
(g) Agencies should, to the extent practicable, help
identify resources in the private and nonprofit sectors
to aid revitalization efforts.
(h) Agencies are encouraged, to the extent permitted
by law, to develop partnerships with State, local, and
tribal governments and community and nongovernmental organizations. Agencies will be responsive to
the diverse needs of different kinds of communities
from the core of our cities to remote rural areas and
shall seek to ensure that the role played by the Federal
Government is complementary to the plans and work
being carried out by State, local, and tribal governments. To the extent possible, Federal resources will be
strategically directed to complement resources being
spent by these governments.
(i) Agencies shall establish a method for field offices
to assess the success of the American Heritage River
initiative and provide a means to recommend changes
that will improve the delivery and accessibility of Federal services and programs. Agencies are directed,
where appropriate, to reduce and make more flexible
procedural requirements and paperwork related to providing assistance to communities along designated rivers.
(j) Agencies shall commit to a policy under which
they will seek to ensure that their actions have a positive effect on the natural, historic, economic, and cultural resources of American Heritage River communities. The policy will require agencies to consult with
American Heritage River communities early in the
planning stages of Federal actions, take into account
the communities’ goals and objectives and ensure that
actions are compatible with the overall character of
these communities. Agencies shall seek to ensure that
their help for one community does not adversely affect
neighboring communities. Additionally, agencies are
encouraged to develop formal and informal partnerships to assist communities. Local Federal facilities, to
the extent permitted by law and consistent with the
agencies’ missions and resources, should provide public
access, physical space, technical assistance, and other
support for American Heritage River communities.
(k) In addition to providing support to designated rivers, agencies will work together to provide information
and services to all communities seeking support.
SEC. 2. Process for Nominating an American Heritage
River.
(a) Nomination. Communities, in coordination with
their State, local, or tribal governments, can nominate

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their river, river stretch, or river confluence for designation as an American Heritage River. When several
communities are involved in the nomination of the
same river, nominations will detail the coordination
among the interested communities and the role each
will play in the process. Individuals living outside the
community may not nominate a river.
(b) Selection Criteria. Nominations will be judged
based on the following:
(1) the characteristics of the natural, economic, agricultural, scenic, historic, cultural, or recreational resources of the river that render it distinctive or unique;
(2) the effectiveness with which the community has
defined its plan of action and the extent to which the
plan addresses, either through planned actions or past
accomplishments, all three American Heritage Rivers
objectives, which are set forth in section 1(a) of this
order;
(3) the strength and diversity of community support
for the nomination as evidenced by letters from elected
officials; landowners; private citizens; businesses; and
especially State, local, and tribal governments. Broad
community support is essential to receiving the American Heritage River designation; and
(4) willingness and capability of the community to
forge partnerships and agreements to implement their
plan to meet their goals and objectives.
(c) Recommendation Process.
The Chair of the Council on Environmental Quality
(‘‘CEQ’’) shall develop a fair and objective procedure to
obtain the views of a diverse group of experts for the
purpose of making recommendations to the President
as to which rivers shall be designated. These experts
shall reflect a variety of viewpoints, such as those representing natural, cultural, and historic resources; scenic, environmental, and recreation interests; tourism,
transportation, and economic development interests;
and industries such as agriculture, hydropower, manufacturing, mining, and forest management. The Chair
of the CEQ will ensure that the rivers recommended
represent a variety of stream sizes, diverse geographical locations, and a wide range of settings from
urban to rural and ensure that relatively pristine, successful revitalization efforts are considered as well as
degraded rivers in need of restoration.
(d) Designation.
(1) The President will designate certain rivers as
American Heritage Rivers. Based on the receipt of a
sufficient number of qualified nominations, up to 20
rivers will be designated in the first phase of the initiative.
(2) The Interagency Committee provided for in section 3 of this order shall develop a process by which any
community that nominates and has its river designated
may have this designation terminated at its request.
(3) Upon a determination by the Chair of the CEQ
that a community has failed to implement its plan, the
Chair may recommend to the President that a designation be revoked. The Chair shall notify the community
at least 30 days prior to making such a recommendation to the President. Based on that recommendation,
the President may revoke the designation.
SEC. 3. Establishment of an Interagency Committee.
There is hereby established the American Heritage Rivers Interagency Committee (‘‘Committee’’). The Committee shall have two co-chairs. The Chair of the CEQ
shall be a permanent co-chair. The other co-chair will
rotate among the heads of the agencies listed below.
(a) The Committee shall be composed of the following
members or their designees at the Assistant Secretary
level or equivalent:
(1) The Secretary of Defense;
(2) The Attorney General;
(3) The Secretary of the Interior;
(4) The Secretary of Agriculture;
(5) The Secretary of Commerce;
(6) The Secretary of Housing and Urban Development;
(7) The Secretary of Transportation;
(8) The Secretary of Energy;
(9) The Administrator of the Environmental Protection Agency;

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

(10) The Chair of the Advisory Council on Historic
Preservation;
(11) The Chairperson of the National Endowment for
the Arts; and
(12) The Chairperson of the National Endowment for
the Humanities.
The Chair of the CEQ may invite to participate in
meetings of the Committee, representatives of other
agencies, as appropriate.
(b) The Committee shall:
(1) establish formal guidelines for designation as an
American Heritage River;
(2) periodically review the actions of agencies in support of the American Heritage Rivers;
(3) report to the President on the progress, accomplishments, and effectiveness of the American Heritage
Rivers initiative; and
(4) perform other duties as directed by the Chair of
the CEQ.
SEC. 4. Responsibilities of the Federal Agencies. Consistent with Title I of the National Environmental Policy Act of 1969 [42 U.S.C. 4331 et seq.], agencies shall:
(a) identify their existing programs and plans that
give them the authority to offer assistance to communities involved in river conservation and community
health and revitalization;
(b) to the extent practicable and permitted by law
and regulation, refocus programs, grants, and technical
assistance to provide support for communities adjacent
to American Heritage Rivers;
(c) identify all technical tools, including those developed for purposes other than river conservation, that
can be applied to river protection, restoration, and
community revitalization;
(d) provide access to existing scientific data and information to the extent permitted by law and consistent with the agencies mission and resources;
(e) cooperate with State, local, and tribal governments and communities with respect to their activities
that take place in, or affect the area around, an American Heritage River;
(f) commit to a policy, as set forth in section 1(j) of
this order, in making decisions affecting the quality of
an American Heritage River;
(g) select from among all the agencies a single individual called the ‘‘River Navigator,’’ for each river that
is designated an American Heritage River, with whom
the communities can communicate goals and needs and
who will facilitate community-agency interchange;
(h) allow public access to the river, for agencies with
facilities along American Heritage Rivers, to the extent practicable and consistent with their mission; and
(i) cooperate, as appropriate, with communities on
projects that protect or preserve stretches of the river
that are on Federal property or adjacent to a Federal
facility.
SEC. 5. Responsibilities of the Committee and the Council
on Environmental Quality. The CEQ shall serve as Executive agent for the Committee, and the CEQ and the
Committee shall ensure the implementation of the
policies and purposes of this initiative.
SEC. 6. Definition. For the purposes of this order, Executive agency means any agency on the Committee
and such other agency as may be designated by the
President.
SEC. 7. Judicial Review. This order does not create any
right or benefit, substantive or procedural, enforceable
by any party against the United States, its agencies or
instrumentalities, its officers or employees, or any
other person.
WILLIAM J. CLINTON.
EXECUTIVE ORDER NO. 13080
Ex. Ord. No. 13080, Apr. 7, 1998, 63 F.R. 17667, as
amended by Ex. Ord. No. 13093, July 27, 1998, 63 F.R.
40357, which established the American Heritage Rivers
Initiative Advisory Committee, was revoked by Ex.
Ord. No. 13225, § 3(b), Sept. 28, 2001, 66 F.R. 50292, formerly set out as a note under section 14 of the Federal

§ 4321

Advisory Committee Act in the Appendix to Title 5,
Government Organization and Employees.
PROC. NO. 7112. DESIGNATION OF AMERICAN HERITAGE
RIVERS
Proc. No. 7112, July 30, 1998, 63 F.R. 41949, provided:
In celebration of America’s rivers, and to recognize
and reward grassroots efforts to restore them, last year
I announced the American Heritage Rivers initiative.
My goal was to help communities realize their visions
for their rivers by making it easier for them to tap existing programs and resources of the Federal Government. From across the country, hundreds of communities answered my call for nominations, asking that
their rivers be designated American Heritage Rivers. I
applaud all of the communities that have drawn together and dedicated themselves to the goal of healthy
rivers, now and forever.
Having reviewed the recommendations of the American Heritage Rivers Initiative Advisory Committee, I
am pleased to be able to recognize a select group of rivers and communities that reflect the true diversity and
splendor of America’s natural endowment, and the tremendous energy and commitment of its citizenry.
Pursuant to Executive Orders 13061 [set out above],
13080, and 13093 [set out above], I hereby designate the
following American Heritage Rivers:
• The Blackstone and Woonasquatucket Rivers, in
the States of Massachusetts and Rhode Island;
• The Connecticut River, in the States of Connecticut, Massachusetts, New Hampshire, and
Vermont;
• The Cuyahoga River, in the State of Ohio;
• The Detroit River, in the State of Michigan;
• The Hanalei River, in the State of Hawaii;
• The Hudson River, in the State of New York;
• The Upper Mississippi River, in the States of Illinois, Iowa, Minnesota, Missouri, and Wisconsin;
• The Lower Mississippi River, in the States of Louisiana and Tennessee;
• The New River, in the States of North Carolina,
Virginia, and West Virginia;
• The Rio Grande, in the State of Texas;
• The Potomac River, in the District of Columbia
and the States of Maryland, Pennsylvania, Virginia,
and West Virginia;
• The St. Johns River, in the State of Florida;
• The Upper Susquehanna and Lackawanna Rivers,
in the State of Pennsylvania;
• The Willamette River, in the State of Oregon.
IN WITNESS WHEREOF, I have hereunto set my
hand this thirtieth day of July, in the year of our Lord
nineteen hundred and ninety-eight, and of the Independence of the United States of America the two hundred and twenty-third.
WILLIAM J. CLINTON.
EX. ORD. NO. 13112. INVASIVE SPECIES
Ex. Ord. No. 13112, Feb. 3, 1999, 64 F.R. 6183, as amended by Ex. Ord. No. 13286, § 15, Feb. 28, 2003, 68 F.R. 10623;
Ex. Ord. No. 13751, §§ 2, 3, 5–9, Dec. 5, 2016, 81 F.R. 88610,
88612–88614, 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) ‘‘Control’’ means containing, suppressing, or reducing populations of
invasive species.

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

(b) ‘‘Eradication’’ means the removal or destruction
of an entire population of invasive species.
(c) ‘‘Federal agency’’ means an executive department
or agency, but does not include independent establishments as defined by 5 U.S.C. 104.
(d) ‘‘Introduction’’ means, as a result of human activity, the intentional or unintentional escape, release,
dissemination, or placement of an organism into an
ecosystem to which it is not native.
(e) ‘‘Invasive species’’ means, with regard to a particular ecosystem, a non-native organism whose introduction causes or is likely to cause economic or environmental harm, or harm to human, animal, or plant
health.
(f) ‘‘Non-native species’’ or ‘‘alien species’’ means,
with respect to a particular ecosystem, an organism,
including its seeds, eggs, spores, or other biological material capable of propagating that species, that occurs
outside of its natural range.
(g) ‘‘Pathway’’ means the mechanisms and processes
by which non-native species are moved, intentionally
or unintentionally, into a new ecosystem.
(h) ‘‘Prevention’’ means the action of stopping
invasive species from being introduced or spreading
into a new ecosystem.
(i) ‘‘United States’’ means the 50 States, the District
of Columbia, the Commonwealth of Puerto Rico, Guam,
American Samoa, the U.S. Virgin Islands, the Commonwealth of the Northern Mariana Islands, all possessions, and the territorial sea of the United States as defined by Presidential Proclamation 5928 of December 27,
1988.
SEC. 2. Federal Agency Duties. (a) Each Federal agency
for which that agency’s actions may affect the introduction, establishment, or spread of invasive species
shall, to the extent practicable and permitted by law,
(1) identify such agency actions;
(2) subject to the availability of appropriations, and
within administrative, budgetary, and jurisdictional
limits, use relevant agency programs and authorities
to:
(i) prevent the introduction, establishment, and
spread of invasive species;
(ii) detect and respond rapidly to eradicate or control populations of invasive species in a manner that
is cost-effective and minimizes human, animal, plant,
and environmental health risks;
(iii) monitor invasive species populations accurately and reliably;
(iv) provide for the restoration of native species,
ecosystems, and other assets that have been impacted
by invasive species;
(v) conduct research on invasive species and develop and apply technologies to prevent their introduction, and provide for environmentally sound
methods of eradication and control of invasive species;
(vi) promote public education and action on
invasive species, their pathways, and ways to address
them, with an emphasis on prevention, and early detection and rapid response;
(vii) assess and strengthen, as appropriate, policy
and regulatory frameworks pertaining to the prevention, eradication, and control of invasive species and
address regulatory gaps, inconsistencies, and conflicts;
(viii) coordinate with and complement similar efforts of States, territories, federally recognized
American Indian tribes, Alaska Native Corporations,
Native Hawaiians, local governments, nongovernmental organizations, and the private sector; and
(ix) in consultation with the Department of State
and with other agencies as appropriate, coordinate
with foreign governments to prevent the movement
and minimize the impacts of invasive species; and
(3) refrain from authorizing, funding, or implementing actions that are likely to cause or promote
the introduction, establishment, or spread of invasive
species in the United States unless, pursuant to guidelines that it has prescribed, the agency has determined

Page 5870

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.
(c) [sic] Federal agencies shall pursue the duties set
forth in this section in coordination, to the extent
practicable, with other member agencies of the Council
and staff, consistent with the National Invasive Species
Council Management Plan, and in cooperation with
State, local, tribal, and territorial governments, and
stakeholders, as appropriate, and in consultation with
the Department of State when Federal agencies are
working with international organizations and foreign
nations.
(d) Federal agencies that are members of the Council,
and Federal interagency bodies working on issues relevant to the prevention, eradication, and control of
invasive species, shall provide the Council with annual
information on actions taken that implement these duties and identify barriers to advancing priority actions.
(e) To the extent practicable, Federal agencies shall
also expand the use of new and existing technologies
and practices; develop, share, and utilize similar
metrics and standards, methodologies, and databases
and, where relevant, platforms for monitoring invasive
species; and, facilitate the interoperability of information systems, open data, data analytics, predictive
modeling, and data reporting necessary to inform timely, science-based decision making.
SEC. 3. National Invasive Species Council. (a) A National Invasive Species Council (Council) is hereby established. The mission of the Council is to provide the
vision and leadership to coordinate, sustain, and expand Federal efforts to safeguard the interests of the
United States through the prevention, eradication, and
control of invasive species, and through the restoration
of ecosystems and other assets impacted by invasive
species.
(b) The Council’s membership shall be composed of
the following officials, who may designate a seniorlevel representative to perform the functions of the
member:
(i) Secretary of State;
(ii) Secretary of the Treasury;
(iii) Secretary of Defense;
(iv) Secretary of the Interior;
(v) Secretary of Agriculture;
(vi) Secretary of Commerce;
(vii) Secretary of Health and Human Services;
(viii) Secretary of Transportation;
(ix) Secretary of Homeland Security;
(x) Administrator of the National Aeronautics and
Space Administration;
(xi) Administrator of the Environmental Protection
Agency;
(xii) Administrator of the United States Agency for
International Development;
(xiii) United States Trade Representative;
(xiv) Director or Chair of the following components of
the Executive Office of the President: the Office of
Science and Technology Policy, the Council on Environmental Quality, and the Office of Management and
Budget; and
(xv) Officials from such other departments, agencies,
offices, or entities as the agencies set forth above, by
consensus, deem appropriate.
(c) The Council shall be co-chaired by the Secretary
of the Interior (Secretary), the Secretary of Agriculture, and the Secretary of Commerce, who shall
meet quarterly or more frequently if needed, and who
may designate a senior-level representative to perform
the functions of the Co-Chair. The Council shall meet
no less than once each year. The Secretary of the Interior shall, after consultation with the Co-Chairs, appoint an Executive Director of the Council to oversee a
staff that supports the duties of the Council. Within 1
year of the date of this order, the Co-Chairs of the
Council shall, with consensus of its members, complete
a charter, which shall include any administrative poli-

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cies and processes necessary to ensure the Council can
satisfy the functions and responsibilities described in
this order.
(d) The Secretary of the Interior shall maintain the
current Invasive Species Advisory Committee established under the Federal Advisory Committee Act, 5
U.S.C. App., to provide information and advice for consideration by the Council. The Secretary shall, after
consultation with other members of the Council, appoint members of the advisory committee who represent diverse stakeholders and who have expertise to
advise the Council.
(e) Administration of the Council. The Department of
the Interior shall provide funding and administrative
support for the Council and the advisory committee
consistent with existing authorities. To the extent permitted by law, including the Economy Act, and within
existing appropriations, participating agencies may detail staff to the Department of the Interior to support
the Council’s efforts.
SEC. 4. Duties of the National Invasive Species Council.
The Council shall provide national leadership regarding
invasive species and shall:
(a) with regard to the implementation of this order,
work to ensure that the Federal agency and interagency activities concerning invasive species are coordinated, complementary, cost-efficient, and effective;
(b) undertake a National Invasive Species Assessment
in coordination with the U.S. Global Change Research
Program’s periodic national assessment, that evaluates
the impact of invasive species on major U.S. assets, including food security, water resources, infrastructure,
the environment, human, animal, and plant health,
natural resources, cultural identity and resources, and
military readiness, from ecological, social, and economic perspectives;
(c) advance national incident response, data collection, and rapid reporting capacities that build on existing frameworks and programs and strengthen early detection of and rapid response to invasive species, including those that are vectors, reservoirs, or causative
agents of disease;
(d) publish an assessment by 2020 that identifies the
most pressing scientific, technical, and programmatic
coordination challenges to the Federal Government’s
capacity to prevent the introduction of invasive species, and that incorporate recommendations and priority actions to overcome these challenges into the National Invasive Species Council Management Plan, as
appropriate;
(e) support and encourage the development of new
technologies and practices, and promote the use of existing technologies and practices, to prevent, eradicate,
and control invasive species, including those that are
vectors, reservoirs, and causative agents of disease;
(f) convene annually to discuss and coordinate interagency priorities and report annually on activities and
budget requirements for programs that contribute directly to the implementation of this order; and
(g) publish a National Invasive Species Council Management Plan as set forth in section 5 of this order.
SEC. 5. National Invasive Species Council Management
Plan. (a) By December 31, 2019, the Council shall publish
a National Invasive Species Council Management Plan
(Management Plan), which shall, among other priorities identified by the Council, include actions to further the implementation of the duties of the National
Invasive Species Council.
(b) The Management Plan shall recommend strategies to:
(1) provide institutional leadership and priority setting;
(2) achieve effective interagency coordination and
cost-efficiency;
(3) raise awareness and motivate action, including
through the promotion of appropriate transparency,
community-level consultation, and stakeholder outreach concerning the benefits and risks to human, animal, or plant health when controlling or eradicating an
invasive species;

§ 4321

(4) remove institutional and policy barriers;
(5) assess and strengthen capacities; and
(6) foster scientific, technical, and programmatic innovation.
(c) The Council shall evaluate the effectiveness of the
Management Plan implementation and update the Plan
every 3 years. The Council shall provide an annual report of its achievements to the public.
(d) Council members may complement the Management Plan with invasive species policies and plans specific to their respective agency’s roles, responsibilities,
and authorities.
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 duties of section 3(a)(2) [probably means
2(a)(2)] and section 3(a)(3) [2(a)(3)] of this order shall
not apply to any action of the Department of State if
the Secretary of State finds that exemption from such
requirements is necessary for foreign policy, readiness,
or national security reasons. The duties of section
3(a)(2) [2(a)(2)] and section 3(a)(3) [2(a)(3)] of this order
shall not apply to any action of the Department of Defense if the Secretary of Defense finds that exemption
from such requirements is necessary for foreign policy,
readiness, or national security reasons.
(e) The requirements of this order do not affect the
obligations of the Department of Health and Human
Services under the Public Health Service Act or the
Federal Food, Drug, and Cosmetic Act.
EXTENSION OF TERM OF INVASIVE SPECIES ADVISORY
COMMITTEE
Term of Invasive Species Advisory Committee extended until Sept. 30, 2023, by Ex. Ord. No. 14048, Sept.
30, 2021, 86 F.R. 55465, set out as a note under section 14
of the Federal Advisory Committee Act in the Appendix to Title 5, Government Organization and Employees.
Previous extensions of term of Invasive Species Advisory Committee were contained in the following prior
Executive Orders:
Ex. Ord. No. 13811, Sept. 29, 2017, 82 F.R. 46363, extended term until Sept. 30, 2019.
Ex. Ord. No. 13708, Sept. 30, 2015, 80 F.R. 60271, extended term until Sept. 30, 2017.
EXECUTIVE ORDER NO. 13148
Ex. Ord. No. 13148, Apr. 21, 2000, 65 F.R. 24595, which
directed Federal agencies to establish strategies that
supported environmental leadership programs, policies,
and procedures and to implement environmental compliance audit programs and policies that emphasized
pollution prevention, was revoked by Ex. Ord. No. 13423,
§ 11(a)(iv), Jan. 24, 2007, 72 F.R. 3923, formerly set out
below.
EXECUTIVE ORDER NO. 13423
Ex. Ord. No. 13423, Jan. 24, 2007, 72 F.R. 3919, which set
out various goals and duties for Federal Agencies to
conduct their environmental, transportation, and energy-related activities under the law in support of their
respective missions in an environmentally, economically and fiscally sound, integrated, continuously improving, efficient, and sustainable manner, was revoked
by Ex. Ord. No. 13693, § 16(a), Mar. 19, 2015, 80 F.R. 15880,
formerly set out below.
EXECUTIVE ORDER NO. 13514
Ex. Ord. No. 13514, Oct. 5, 2009, 74 F.R. 52117, which related to environmental sustainability in the Federal

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

Government, was revoked by Ex. Ord. No. 13693, § 16(b),
Mar. 19, 2015, 80 F.R. 15880, formerly set out below.
EXECUTIVE ORDER NO. 13653
Ex. Ord. No. 13653, Nov. 1, 2013, 78 F.R. 66819, as
amended by Ex. Ord. No. 13683, § 2, Dec. 11, 2014, 79 F.R.
75041; Ex. Ord. No. 13693, § 16(f), Mar. 19, 2015, 80 F.R.
15881, which related to preparing the United States for
the impacts of climate change by undertaking actions
to enhance climate preparedness and resilience, was revoked by Ex. Ord. No. 13783, § 3(a)(i), Mar. 28, 2017, 82
F.R. 16094, formerly set out as a note under section
13201 of this title.
EX. ORD. NO. 13690. ESTABLISHING A FEDERAL FLOOD
RISK MANAGEMENT STANDARD AND A PROCESS FOR
FURTHER SOLICITING AND CONSIDERING STAKEHOLDER
INPUT
Ex. Ord. No. 13690, Jan. 30, 2015, 80 F.R. 6425, revoked
by Ex. Ord. No. 13807, § 6, Aug. 15, 2017, 82 F.R. 40469, reinstated by Ex. Ord. No. 14030, § 5(e), May 20, 2021, 86
F.R. 27969, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, and in order to improve the Nation’s resilience to current and future flood risk, I hereby direct
the following:
SECTION 1. Policy. It is the policy of the United States
to improve the resilience of communities and Federal
assets against the impacts of flooding. These impacts
are anticipated to increase over time due to the effects
of climate change and other threats. Losses caused by
flooding affect the environment, our economic prosperity, and public health and safety, each of which affects our national security.
The Federal Government must take action, informed
by the best-available and actionable science, to improve the Nation’s preparedness and resilience against
flooding. Executive Order 11988 of May 24, 1977 (Floodplain Management) [set out above], requires executive
departments and agencies (agencies) to avoid, to the
extent possible, the long- and short-term adverse impacts associated with the occupancy and modification
of floodplains and to avoid direct or indirect support of
floodplain development wherever there is a practicable
alternative. The Federal Government has developed
processes for evaluating the impacts of Federal actions
in or affecting floodplains to implement Executive
Order 11988.
As part of a national policy on resilience and risk reduction consistent with my Climate Action Plan, the National Security Council staff coordinated an interagency effort to create a new flood risk reduction
standard for federally funded projects. The views of
Governors, mayors, and other stakeholders were solicited and considered as efforts were made to establish a
new flood risk reduction standard for federally funded
projects. The result of these efforts is the Federal
Flood Risk Management Standard (Standard), a flexible framework to increase resilience against flooding
and help preserve the natural values of floodplains. Incorporating this Standard will ensure that agencies expand management from the current base flood level to
a higher vertical elevation and corresponding horizontal floodplain to address current and future flood
risk and ensure that projects funded with taxpayer dollars last as long as intended.
This order establishes the Standard and sets forth a
process for further solicitation and consideration of
public input, including from Governors, mayors, and
other stakeholders, prior to implementation of the
Standard.
SEC. 2. Amendments to Executive Order 11988. [Amended
Ex. Ord. No. 11988, set out above.]
SEC. 3. Agency Action. (a) Prior to any action to implement the Standard, additional input from stakeholders shall be solicited and considered. To carry out
this process:
(i) the Federal Emergency Management Agency, on
behalf of the Mitigation Framework Leadership Group,

Page 5872

shall publish for public comment draft amended Floodplain Management Guidelines for Implementing Executive Order 11988 (Guidelines) to provide guidance to
agencies on the implementation of Executive Order
11988, as amended, consistent with the Standard;
(ii) during the comment period, the Mitigation
Framework Leadership Group shall host public meetings with stakeholders to solicit input; and
(iii) after the comment period closes, and based on
the comments received on the draft Guidelines during
the comment period, in accordance with subsections
(a)(i) and (ii) of this section, the Mitigation Framework
Leadership Group shall provide recommendations to
the Water Resources Council.
(b) After additional input from stakeholders has been
solicited and considered as set forth in subsections
(a)(i) and (ii) of this section and after consideration of
the recommendations made by the Mitigation Framework Leadership Group pursuant to subsection (a)(iii)
of this section, the Water Resources Council shall issue
amended Guidelines to provide guidance to agencies on
the implementation of Executive Order 11988, as
amended, consistent with the Standard.
(c) To the extent permitted by law, each agency shall,
in consultation with the Water Resources Council, Federal Interagency Floodplain Management Task Force,
Federal Emergency Management Agency, and Council
on Environmental Quality, issue or amend existing regulations and procedures to comply with this order, and
update those regulations and procedures as warranted.
Within 30 days of the closing of the public comment period for the draft amendments to the Guidelines as described in subsection (a) of this section, each agency
shall submit an implementation plan to the National
Security Council staff that contains milestones and a
timeline for implementation of this order and the
Standard, by the agency as it applies to the agency’s
processes and mission. Agencies shall not issue or
amend existing regulations and procedures pursuant to
this subsection until after the Water Resources Council
has issued amended Guidelines pursuant to subsection
(b) of this order [sic].
SEC. 4. Reassessment. (a) The Water Resources Council
shall issue any further amendments to the Guidelines
as warranted.
(b) The Mitigation Framework Leadership Group in
consultation with the Federal Interagency Floodplain
Management Task Force shall reassess the Standard
annually, after seeking stakeholder input, and provide
recommendations to the Water Resources Council to
update the Standard if warranted based on accurate
and actionable science that takes into account changes
to climate and other changes in flood risk. The Water
Resources Council shall issue an update to the Standard at least every 5 years.
SEC. 5. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department, agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create
any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the
United States, its departments, agencies, or entities,
its officers, employees, or agents, or any other person.
(d) The Water Resources Council shall carry out its
responsibilities under this order in consultation with
the Mitigation Framework Leadership Group.
[BARACK OBAMA.]
EXECUTIVE ORDER NO. 13693
Ex. Ord. No. 13693, Mar. 19, 2015, 80 F.R. 15871, which
related to planning by executive departments and agencies for environmental sustainability, was revoked by

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Ex. Ord. No. 13834, § 8, May 17, 2018, 83 F.R. 23773, formerly set out below.
EX. ORD. NO. 13751. SAFEGUARDING THE NATION FROM
THE IMPACTS OF INVASIVE SPECIES
Ex. Ord. No. 13751, Dec. 5, 2016, 81 F.R. 88609, provided:
By the authority vested in me as President by the
Constitution and to ensure the faithful execution of 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.), the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990, (16 U.S.C. 4701
et seq.), the Plant Protection Act (7 U.S.C. 7701 et seq.),
the Lacey Act, as amended (18 U.S.C. 42, 16 U.S.C.
3371–3378 et seq.), the Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.), the Noxious Weed Control and Eradication Act of 2004 (7 U.S.C. 7781 et seq.),
and other pertinent statutes, to prevent the introduction of invasive species and provide for their control,
and to minimize the economic, plant, animal, ecological, and human health impacts that invasive species
cause, it is hereby ordered as follows:
SECTION 1. Policy. It is the policy of the United States
to prevent the introduction, establishment, and spread
of invasive species, as well as to eradicate and control
populations of invasive species that are established.
Invasive species pose threats to prosperity, security,
and quality of life. They have negative impacts on the
environment and natural resources, agriculture and
food production systems, water resources, human, animal, and plant health, infrastructure, the economy, energy, cultural resources, and military readiness. Every
year, invasive species cost the United States billions of
dollars in economic losses and other damages.
Of substantial growing concern are invasive species
that are or may be vectors, reservoirs, and causative
agents of disease, which threaten human, animal, and
plant health. The introduction, establishment, and
spread of invasive species create the potential for serious public health impacts, especially when considered
in the context of changing climate conditions. Climate
change influences the establishment, spread, and impacts of invasive species.
Executive Order 13112 of February 3, 1999 (Invasive
Species), called upon executive departments and agencies to take steps to prevent the introduction and
spread of invasive species, and to support efforts to
eradicate and control invasive species that are established. Executive Order 13112 also created a coordinating body—the Invasive Species Council, also referred to as the National Invasive Species Council—to
oversee implementation of the order, encourage
proactive planning and action, develop recommendations for international cooperation, and take other
steps to improve the Federal response to invasive species. Past efforts at preventing, eradicating, and controlling invasive species demonstrated that collaboration across Federal, State, local, tribal, and territorial
government; stakeholders; and the private sector is
critical to minimizing the spread of invasive species
and that coordinated action is necessary to protect the
assets and security of the United States.
This order amends Executive Order 13112 and directs
actions to continue coordinated Federal prevention and
control efforts related to invasive species. This order
maintains the National Invasive Species Council (Council) and the Invasive Species Advisory Committee; expands the membership of the Council; clarifies the operations of the Council; incorporates considerations of
human and environmental health, climate change,
technological innovation, and other emerging priorities
into Federal efforts to address invasive species; and
strengthens coordinated, cost-efficient Federal action.
SEC. 2. Definitions. [Amended Ex. Ord. No. 13112, set
out as a note above.]
SEC. 3. Federal Agency Duties. [Amended Ex. Ord. No.
13112, set out as a note above.]
SEC. 4. Emerging Priorities. Federal agencies that are
members of the Council and Federal interagency bodies
working on issues relevant to the prevention, eradi-

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cation, and control of invasive species shall take
emerging priorities into consideration, including:
(a) Federal agencies shall consider the potential public health and safety impacts of invasive species, especially those species that are vectors, reservoirs, and
causative agents of disease. The Department of Health
and Human Services, in coordination and consultation
with relevant agencies as appropriate, shall within 1
year of this order, and as requested by the Council
thereafter, provide the Office of Science and Technology Policy and the Council a report on public health
impacts associated with invasive species. That report
shall describe the disease, injury, immunologic, and
safety impacts associated with invasive species, including any direct and indirect impacts on low-income, minority, and tribal communities.
(b) Federal agencies shall consider the impacts of climate change when working on issues relevant to the
prevention, eradication, and control of invasive species,
including in research and monitoring efforts, and integrate invasive species into Federal climate change coordinating frameworks and initiatives.
(c) Federal agencies shall consider opportunities to
apply innovative science and technology when addressing the duties identified in section 2 of Executive Order
13112, as amended, including, but not limited to, promoting open data and data analytics; harnessing technological advances in remote sensing technologies, molecular tools, cloud computing, and predictive analytics; and using tools such as challenge prizes, citizen
science, and crowdsourcing.
SEC. 5. National Invasive Species Council. [Amended Ex.
Ord. No. 13112, set out as a note above.]
SEC. 6. Duties of the National Invasive Species Council.
[Amended Ex. Ord. No. 13112, set out as a note above.]
SEC. 7. National Invasive Species Council Management
Plan. [Amended Ex. Ord. No. 13112, set out as a note
above.]
SEC. 8. Actions of the Department of State and Department of Defense. [Amended Ex. Ord. No. 13112, set out as
a note above.]
SEC. 9. Obligations of the Department of Health and
Human Services. [Amended Ex. Ord. No. 13112, set out as
a note above.]
SEC. 10. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(1) the authority granted by law to an executive department or agency, or the head thereof; or
(2) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create
any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the
United States, its departments, agencies, or entities,
its officers, employees, or agents, or any other person.
BARACK OBAMA.
EXECUTIVE ORDER NO. 13834
Ex. Ord. No. 13834, May 17, 2018, 83 F.R. 23771, as
amended by Ex. Ord. No. 13990, § 7(a), Jan. 20, 2021, 86
F.R. 7041, which required executive departments and
agencies to meet statutory requirements related to energy and environmental performance by prioritizing actions that reduce waste, cut costs, enhance the resilience of Federal infrastructure and operations, and enable more effective accomplishment of its mission, was
revoked by Ex. Ord. No. 14057, § 604, Dec. 8, 2021, 86 F.R.
70943, set out below.
EX. ORD. NO. 13990. PROTECTING PUBLIC HEALTH AND THE
ENVIRONMENT AND RESTORING SCIENCE TO TACKLE THE
CLIMATE CRISIS
Ex. Ord. No. 13990, Jan. 20, 2021, 86 F.R. 7037, 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. Policy. Our Nation has an abiding commitment to empower our workers and communities; promote and protect our public health and the environment; and conserve our national treasures and monuments, places that secure our national memory. Where
the Federal Government has failed to meet that commitment in the past, it must advance environmental
justice. In carrying out this charge, the Federal Government must be guided by the best science and be protected by processes that ensure the integrity of Federal
decision-making. It is, therefore, the policy of my Administration to listen to the science; to improve public
health and protect our environment; to ensure access
to clean air and water; to limit exposure to dangerous
chemicals and pesticides; to hold polluters accountable,
including those who disproportionately harm communities of color and low-income communities; to reduce
greenhouse gas emissions; to bolster resilience to the
impacts of climate change; to restore and expand our
national treasures and monuments; and to prioritize
both environmental justice and the creation of the
well-paying union jobs necessary to deliver on these
goals.
To that end, this order directs all executive departments and agencies (agencies) to immediately review
and, as appropriate and consistent with applicable law,
take action to address the promulgation of Federal regulations and other actions during the last 4 years that
conflict with these important national objectives, and
to immediately commence work to confront the climate crisis.
SEC. 2. Immediate Review of Agency Actions Taken Between January 20, 2017, and January 20, 2021. (a) The
heads of all agencies shall immediately review all existing regulations, orders, guidance documents, policies, and any other similar agency actions (agency actions) promulgated, issued, or adopted between January 20, 2017, and January 20, 2021, that are or may be inconsistent with, or present obstacles to, the policy set
forth in section 1 of this order. For any such actions
identified by the agencies, the heads of agencies shall,
as appropriate and consistent with applicable law, consider suspending, revising, or rescinding the agency actions. In addition, for the agency actions in the 4 categories set forth in subsections (i) through (iv) of this
section, the head of the relevant agency, as appropriate
and consistent with applicable law, shall consider publishing for notice and comment a proposed rule suspending, revising, or rescinding the agency action within the time frame specified.
(i) Reducing Methane Emissions in the Oil and Gas
Sector: ‘‘Oil and Natural Gas Sector: Emission Standards for New, Reconstructed, and Modified Sources Reconsideration,’’ 85 FR 57398 (September 15, 2020), by
September 2021.
(ii) Establishing Ambitious, Job-Creating Fuel Economy Standards: ‘‘The Safer Affordable Fuel-Efficient
(SAFE) Vehicles Rule Part One: One National Program,’’ 84 FR 51310 (September 27, 2019), by April 2021;
and ‘‘The Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule for Model Years 2021–2026 Passenger Cars and
Light Trucks,’’ 85 FR 24174 (April 30, 2020), by July 2021.
In considering whether to propose suspending, revising,
or rescinding the latter rule, the agency should consider the views of representatives from labor unions,
States, and industry.
(iii) Job-Creating Appliance- and Building-Efficiency
Standards: ‘‘Energy Conservation Program for Appliance Standards: Procedures for Use in New or Revised
Energy Conservation Standards and Test Procedures
for Consumer Products and Commercial/Industrial
Equipment,’’ 85 FR 8626 (February 14, 2020), with major
revisions proposed by March 2021 and any remaining revisions proposed by June 2021; ‘‘Energy Conservation
Program for Appliance Standards: Procedures for Evaluating Statutory Factors for Use in New or Revised Energy Conservation Standards,’’ 85 FR 50937 (August 19,
2020), with major revisions proposed by March 2021 and
any remaining revisions proposed by June 2021; ‘‘Final
Determination Regarding Energy Efficiency Improve-

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ments in the 2018 International Energy Conservation
Code (IECC),’’ 84 FR 67435 (December 10, 2019), by May
2021; ‘‘Final Determination Regarding Energy Efficiency Improvements in ANSI/ASHRAE/IES Standard
90.1–2016: Energy Standard for Buildings, Except LowRise Residential Buildings,’’ 83 FR 8463 (February 27,
2018), by May 2021.
(iv) Protecting Our Air from Harmful Pollution: ‘‘National Emission Standards for Hazardous Air Pollutants: Coal- and Oil-Fired Electric Utility Steam Generating Units—Reconsideration of Supplemental Finding
and Residual Risk and Technology Review,’’ 85 FR 31286
(May 22, 2020), by August 2021; ‘‘Increasing Consistency
and Transparency in Considering Benefits and Costs in
the Clean Air Act Rulemaking Process,’’ 85 FR 84130
(December 23, 2020), as soon as possible; ‘‘Strengthening
Transparency in Pivotal Science Underlying Significant Regulatory Actions and Influential Scientific Information,’’ 86 FR 469 (January 6, 2021), as soon as possible.
(b) Within 30 days of the date of this order [Jan. 20,
2021], heads of agencies shall submit to the Director of
the Office of Management and Budget (OMB) a preliminary list of any actions being considered pursuant to
section (2)(a) of this order that would be completed by
December 31, 2021, and that would be subject to OMB
review. Within 90 days of the date of this order, heads
of agencies shall submit to the Director of OMB an updated list of any actions being considered pursuant to
section (2)(a) of this order that would be completed by
December 31, 2025, and that would be subject to OMB
review. At the time of submission to the Director of
OMB, heads of agencies shall also send each list to the
National Climate Advisor. In addition, and at the same
time, heads of agencies shall send to the National Climate Advisor a list of additional actions being considered pursuant to section (2)(a) of this order that would
not be subject to OMB review.
(c) Heads of agencies shall, as appropriate and consistent with applicable law, consider whether to take
any additional agency actions to fully enforce the policy set forth in section 1 of this order. With respect to
the Administrator of the Environmental Protection
Agency, the following specific actions should be considered:
(i) proposing new regulations to establish comprehensive standards of performance and emission guidelines
for methane and volatile organic compound emissions
from existing operations in the oil and gas sector, including the exploration and production, transmission,
processing, and storage segments, by September 2021;
and
(ii) proposing a Federal Implementation Plan in accordance with the Environmental Protection Agency’s
‘‘Findings of Failure To Submit State Implementation
Plan Revisions in Response to the 2016 Oil and Natural
Gas Industry Control Techniques Guidelines for the
2008 Ozone National Ambient Air Quality Standards
(NAAQS) and for States in the Ozone Transport Region,’’ 85 FR 72963 (November 16, 2020), for California,
Connecticut, New York, Pennsylvania, and Texas by
January 2022.
(d) The Attorney General may, as appropriate and
consistent with applicable law, provide notice of this
order and any actions taken pursuant to section 2(a) of
this order to any court with jurisdiction over pending
litigation related to those agency actions identified
pursuant to section (2)(a) of this order, and may, in his
discretion, request that the court stay or otherwise dispose of litigation, or seek other appropriate relief consistent with this order, until the completion of the
processes described in this order.
(e) In carrying out the actions directed in this section, heads of agencies shall seek input from the public
and stakeholders, including State local, Tribal, and
territorial officials, scientists, labor unions, environmental advocates, and environmental justice organizations.
SEC. 3. Restoring National Monuments. (a) The Secretary of the Interior, as appropriate and consistent

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with applicable law, including the Antiquities Act [of
1906], 54 U.S.C. 320301 et seq., shall, in consultation with
the Attorney General, the Secretaries of Agriculture
and Commerce, the Chair of the Council on Environmental Quality, and Tribal governments, conduct a review of the monument boundaries and conditions that
were established by Proclamation 9681 of December 4,
2017 (Modifying the Bears Ears National Monument) [54
U.S.C. 320301 note]; Proclamation 9682 of December 4,
2017 (Modifying the Grand Staircase-Escalante National Monument) [54 U.S.C. 320301 note]; and Proclamation 10049 of June 5, 2020 (Modifying the Northeast
Canyons and Seamounts Marine National Monument)
[54 U.S.C. 320301 note], to determine whether restoration of the monument boundaries and conditions that
existed as of January 20, 2017, would be appropriate.
(b) Within 60 days of the date of this order, the Secretary of the Interior shall submit a report to the
President summarizing the findings of the review conducted pursuant to subsection (a), which shall include
recommendations for such Presidential actions or
other actions consistent with law as the Secretary may
consider appropriate to carry out the policy set forth in
section 1 of this order.
(c) The Attorney General may, as appropriate and
consistent with applicable law, provide notice of this
order to any court with jurisdiction over pending litigation related to the Grand Staircase-Escalante, Bears
Ears, and Northeast Canyons and Seamounts Marine
National Monuments, and may, in his discretion, request that the court stay the litigation or otherwise
delay further litigation, or seek other appropriate relief consistent with this order, pending the completion
of the actions described in subsection (a) of this section.
SEC. 4. Arctic Refuge. (a) In light of the alleged legal
deficiencies underlying the program, including the inadequacy of the environmental review required by the
National Environmental Policy Act [of 1969; 42 U.S.C.
4321 et seq.], the Secretary of the Interior shall, as appropriate and consistent with applicable law, place a
temporary moratorium on all activities of the Federal
Government relating to the implementation of the
Coastal Plain Oil and Gas Leasing Program, as established by the Record of Decision signed August 17, 2020,
in the Arctic National Wildlife Refuge. The Secretary
shall review the program and, as appropriate and consistent with applicable law, conduct a new, comprehensive analysis of the potential environmental impacts of
the oil and gas program.
(b) In Executive Order 13754 of December 9, 2016
(Northern Bering Sea Climate Resilience) [15 U.S.C.
4101 note], and in the Presidential Memorandum of December 20, 2016 (Withdrawal of Certain Portions of the
United States Arctic Outer Continental Shelf From
Mineral Leasing), President Obama withdrew areas in
Arctic waters and the Bering Sea from oil and gas drilling and established the Northern Bering Sea Climate
Resilience Area. Subsequently, the order was revoked
and the memorandum was amended in Executive Order
13795 of April 28, 2017 (Implementing an America-First
Offshore Energy Strategy) [former 43 U.S.C. 1331 note].
Pursuant to section 12(a) of the Outer Continental
Shelf Lands Act, 43 U.S.C. 1341(a), Executive Order 13754
and the Presidential Memorandum of December 20, 2016,
are hereby reinstated in their original form, thereby restoring the original withdrawal of certain offshore
areas in Arctic waters and the Bering Sea from oil and
gas drilling.
(c) The Attorney General may, as appropriate and
consistent with applicable law, provide notice of this
order to any court with jurisdiction over pending litigation related to the Coastal Plain Oil and Gas Leasing
Program in the Arctic National Wildlife Refuge and
other related programs, and may, in his discretion, request that the court stay the litigation or otherwise
delay further litigation, or seek other appropriate relief consistent with this order, pending the completion
of the actions described in subsection (a) of this section.

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SEC. 5. Accounting for the Benefits of Reducing Climate
Pollution. (a) It is essential that agencies capture the
full costs of greenhouse gas emissions as accurately as
possible, including by taking global damages into account. Doing so facilitates sound decision-making, recognizes the breadth of climate impacts, and supports
the international leadership of the United States on
climate issues. The ‘‘social cost of carbon’’ (SCC), ‘‘social cost of nitrous oxide’’ (SCN), and ‘‘social cost of
methane’’ (SCM) are estimates of the monetized damages associated with incremental increases in greenhouse gas emissions. They are intended to include
changes in net agricultural productivity, human
health, property damage from increased flood risk, and
the value of ecosystem services. An accurate social
cost is essential for agencies to accurately determine
the social benefits of reducing greenhouse gas emissions when conducting cost-benefit analyses of regulatory and other actions.
(b) There is hereby established an Interagency Working Group on the Social Cost of Greenhouse Gases (the
‘‘Working Group’’). The Chair of the Council of Economic Advisers, Director of OMB, and Director of the
Office of Science and Technology Policy shall serve as
Co-Chairs of the Working Group.
(i) Membership. The Working Group shall also include the following other officers, or their designees:
the Secretary of the Treasury; the Secretary of the Interior; the Secretary of Agriculture; the Secretary of
Commerce; the Secretary of Health and Human Services; the Secretary of Transportation; the Secretary of
Energy; the Chair of the Council on Environmental
Quality; the Administrator of the Environmental Protection Agency; the Assistant to the President and National Climate Advisor; and the Assistant to the President for Economic Policy and Director of the National
Economic Council.
(ii) Mission and Work. The Working Group shall, as
appropriate and consistent with applicable law:
(A) publish an interim SCC, SCN, and SCM within
30 days of the date of this order, which agencies shall
use when monetizing the value of changes in greenhouse gas emissions resulting from regulations and
other relevant agency actions until final values are
published;
(B) publish a final SCC, SCN, and SCM by no later
than January 2022;
(C) provide recommendations to the President, by
no later than September 1, 2021, regarding areas of decision-making, budgeting, and procurement by the
Federal Government where the SCC, SCN, and SCM
should be applied;
(D) provide recommendations, by no later than
June 1, 2022, regarding a process for reviewing, and, as
appropriate, updating, the SCC, SCN, and SCM to ensure that these costs are based on the best available
economics and science; and
(E) provide recommendations, to be published with
the final SCC, SCN, and SCM under subparagraph (A)
if feasible, and in any event by no later than June 1,
2022, to revise methodologies for calculating the SCC,
SCN, and SCM, to the extent that current methodologies do not adequately take account of climate risk,
environmental justice, and intergenerational equity.
(iii) Methodology. In carrying out its activities, the
Working Group shall consider the recommendations of
the National Academies of Science, Engineering, and
Medicine as reported in Valuing Climate Damages: Updating Estimation of the Social Cost of Carbon Dioxide
(2017) and other pertinent scientific literature; solicit
public comment; engage with the public and stakeholders; seek the advice of ethics experts; and ensure
that the SCC, SCN, and SCM reflect the interests of future generations in avoiding threats posed by climate
change.
SEC. 6. Revoking the March 2019 Permit for the Keystone
XL Pipeline. (a) On March 29, 2019, the President granted to TransCanada Keystone Pipeline, L.P. a Presidential permit (the ‘‘Permit’’) [84 F.R. 13101] to construct, connect, operate, and maintain pipeline facili-

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ties at the international border of the United States
and Canada (the ‘‘Keystone XL pipeline’’), subject to
express conditions and potential revocation in the
President’s sole discretion. The Permit is hereby revoked in accordance with Article 1(1) of the Permit.
(b) In 2015, following an exhaustive review, the Department of State and the President determined that
approving the proposed Keystone XL pipeline would not
serve the U.S. national interest. That analysis, in addition to concluding that the significance of the proposed
pipeline for our energy security and economy is limited, stressed that the United States must prioritize
the development of a clean energy economy, which will
in turn create good jobs. The analysis further concluded that approval of the proposed pipeline would undermine U.S. climate leadership by undercutting the
credibility and influence of the United States in urging
other countries to take ambitious climate action.
(c) Climate change has had a growing effect on the
U.S. economy, with climate-related costs increasing
over the last 4 years. Extreme weather events and
other climate-related effects have harmed the health,
safety, and security of the American people and have
increased the urgency for combatting climate change
and accelerating the transition toward a clean energy
economy. The world must be put on a sustainable climate pathway to protect Americans and the domestic
economy from harmful climate impacts, and to create
well-paying union jobs as part of the climate solution.
(d) The Keystone XL pipeline disserves the U.S. national interest. The United States and the world face a
climate crisis. That crisis must be met with action on
a scale and at a speed commensurate with the need to
avoid setting the world on a dangerous, potentially catastrophic, climate trajectory. At home, we will combat
the crisis with an ambitious plan to build back better,
designed to both reduce harmful emissions and create
good clean-energy jobs. Our domestic efforts must go
hand in hand with U.S. diplomatic engagement. Because most greenhouse gas emissions originate beyond
our borders, such engagement is more necessary and
urgent than ever. The United States must be in a position to exercise vigorous climate leadership in order to
achieve a significant increase in global climate action
and put the world on a sustainable climate pathway.
Leaving the Keystone XL pipeline permit in place
would not be consistent with my Administration’s economic and climate imperatives.
SEC. 7. Other Revocations. (a) Executive Order 13766 of
January 24, 2017 (Expediting Environmental Reviews
and Approvals For High Priority Infrastructure
Projects) [former 42 U.S.C. 4370m note], Executive
Order 13778 of February 28, 2017 (Restoring the Rule of
Law, Federalism, and Economic Growth by Reviewing
the ‘‘Waters of the United States’’ Rule) [82 F.R. 12497],
Executive Order 13783 of March 28, 2017 (Promoting Energy Independence and Economic Growth) [former 42
U.S.C. 13201 note], Executive Order 13792 of April 26,
2017 (Review of Designations Under the Antiquities
Act) [82 F.R. 20429], Executive Order 13795 of April 28,
2017 (Implementing an America-First Offshore Energy
Strategy) [former 43 U.S.C. 1331 note], Executive Order
13868 of April 10, 2019 (Promoting Energy Infrastructure
and Economic Growth) [former 42 U.S.C. 13201 note],
and Executive Order 13927 of June 4, 2020 (Accelerating
the Nation’s Economic Recovery from the COVID–19
Emergency by Expediting Infrastructure Investments
and Other Activities) [former 5 U.S.C. 601 note], are
hereby revoked. Executive Order 13834 of May 17, 2018
(Efficient Federal Operations) [formerly set out above],
is hereby revoked except for sections 6, 7, and 11.
(b) Executive Order 13807 of August 15, 2017 (Establishing Discipline and Accountability in the Environmental Review and Permitting Process for Infrastructure Projects) [former 42 U.S.C. 4370m note], is hereby
revoked. The Director of OMB and the Chair of the
Council on Environmental Quality shall jointly consider whether to recommend that a replacement order
be issued.
(c) Executive Order 13920 of May 1, 2020 (Securing the
United States Bulk-Power System) [50 U.S.C. 1621

Page 5876

note], is hereby suspended for 90 days. The Secretary of
Energy and the Director of OMB shall jointly consider
whether to recommend that a replacement order be
issued.
(d) The Presidential Memorandum of April 12, 2018
(Promoting Domestic Manufacturing and Job Creation
Policies and Procedures Relating to Implementation of
Air Quality Standards) [former 42 U.S.C. 7401 note], the
Presidential Memorandum of October 19, 2018 (Promoting the Reliable Supply and Delivery of Water in
the West) [former 33 U.S.C. 2201 note], and the Presidential Memorandum of February 19, 2020 (Developing
and Delivering More Water Supplies in California), are
hereby revoked.
(e) The Council on Environmental Quality shall rescind its draft guidance entitled, ‘‘Draft National Environmental Policy Act Guidance on Consideration of
Greenhouse Gas Emissions,’’ 84 FR 30097 (June 26, 2019).
The Council, as appropriate and consistent with applicable law, shall review, revise, and update its final
guidance entitled, ‘‘Final Guidance for Federal Departments and Agencies on Consideration of Greenhouse
Gas Emissions and the Effects of Climate Change in National Environmental Policy Act Reviews,’’ 81 FR 51866
(August 5, 2016).
(f) The Director of OMB and the heads of agencies
shall promptly take steps to rescind any orders, rules,
regulations, guidelines, or policies, or portions thereof,
including, if necessary, by proposing such rescissions
through
notice-and-comment
rulemaking,
implementing or enforcing the Executive Orders, Presidential Memoranda, and draft guidance identified in
this section, as appropriate and consistent with applicable law.
SEC. 8. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented in a manner consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create
any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the
United States, its departments, agencies, or entities,
its officers, employees, or agents, or any other person.
J.R. BIDEN, JR.
EX. ORD. NO. 14008. TACKLING THE CLIMATE CRISIS AT
HOME AND ABROAD
Ex. Ord. No. 14008, Jan. 27, 2021, 86 F.R. 7619, provided:
The United States and the world face a profound climate crisis. We have a narrow moment to pursue action
at home and abroad in order to avoid the most catastrophic impacts of that crisis and to seize the opportunity that tackling climate change presents. Domestic action must go hand in hand with United States
international leadership, aimed at significantly enhancing global action. Together, we must listen to
science and meet the moment.
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:
PART I—PUTTING THE CLIMATE CRISIS AT THE
CENTER OF UNITED STATES FOREIGN POLICY AND
NATIONAL SECURITY
SECTION 101. Policy. United States international engagement to address climate change—which has become a climate crisis—is more necessary and urgent
than ever. The scientific community has made clear
that the scale and speed of necessary action is greater
than previously believed. There is little time left to
avoid setting the world on a dangerous, potentially catastrophic, climate trajectory. Responding to the climate crisis will require both significant short-term
global reductions in greenhouse gas emissions and netzero global emissions by mid-century or before.

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It is the policy of my Administration that climate
considerations shall be an essential element of United
States foreign policy and national security. The United
States will work with other countries and partners,
both bilaterally and multilaterally, to put the world on
a sustainable climate pathway. The United States will
also move quickly to build resilience, both at home and
abroad, against the impacts of climate change that are
already manifest and will continue to intensify according to current trajectories.
SEC. 102. Purpose. This order builds on and reaffirms
actions my Administration has already taken to place
the climate crisis at the forefront of this Nation’s foreign policy and national security planning, including
submitting the United States instrument of acceptance
to rejoin the Paris Agreement. In implementing—and
building upon—the Paris Agreement’s three overarching objectives (a safe global temperature, increased
climate resilience, and financial flows aligned with a
pathway toward low greenhouse gas emissions and climate-resilient development), the United States will exercise its leadership to promote a significant increase
in global climate ambition to meet the climate challenge. In this regard:
(a) I will host an early Leaders’ Climate Summit
aimed at raising climate ambition and making a positive contribution to the 26th United Nations Climate
Change Conference of the Parties (COP26) and beyond.
(b) The United States will reconvene the Major
Economies Forum on Energy and Climate, beginning
with the Leaders’ Climate Summit. In cooperation with
the members of that Forum, as well as with other partners as appropriate, the United States will pursue
green recovery efforts, initiatives to advance the clean
energy transition, sectoral decarbonization, and alignment of financial flows with the objectives of the Paris
Agreement, including with respect to coal financing,
nature-based solutions, and solutions to other climaterelated challenges.
(c) I have created a new Presidentially appointed position, the Special Presidential Envoy for Climate, to
elevate the issue of climate change and underscore the
commitment my Administration will make toward addressing it.
(d) Recognizing that climate change affects a wide
range of subjects, it will be a United States priority to
press for enhanced climate ambition and integration of
climate considerations across a wide range of international fora, including the Group of Seven (G7), the
Group of Twenty (G20), and fora that address clean energy, aviation, shipping, the Arctic, the ocean, sustainable development, migration, and other relevant topics.
The Special Presidential Envoy for Climate and others,
as appropriate, are encouraged to promote innovative
approaches, including international multi-stakeholder
initiatives. In addition, my Administration will work
in partnership with States, localities, Tribes, territories, and other United States stakeholders to advance
United States climate diplomacy.
(e) The United States will immediately begin the
process of developing its nationally determined contribution under the Paris Agreement. The process will
include analysis and input from relevant executive departments and agencies (agencies), as well as appropriate outreach to domestic stakeholders. The United
States will aim to submit its nationally determined
contribution in advance of the Leaders’ Climate Summit.
(f) The United States will also immediately begin to
develop a climate finance plan, making strategic use of
multilateral and bilateral channels and institutions, to
assist developing countries in implementing ambitious
emissions reduction measures, protecting critical ecosystems, building resilience against the impacts of climate change, and promoting the flow of capital toward
climate-aligned investments and away from high-carbon investments. The Secretary of State and the Secretary of the Treasury, in coordination with the Special Presidential Envoy for Climate, shall lead a process to develop this plan, with the participation of the

§ 4321

Administrator of the United States Agency for International Development (USAID), the Chief Executive Officer of the United States International Development
Finance Corporation (DFC), the Chief Executive Officer
of the Millennium Challenge Corporation, the Director
of the United States Trade and Development Agency,
the Director of the Office of Management and Budget,
and the head of any other agency providing foreign assistance and development financing, as appropriate.
The Secretary of State and the Secretary of the Treasury shall submit the plan to the President, through the
Assistant to the President for National Security Affairs and the Assistant to the President for Economic
Policy, within 90 days of the date of this order [Jan. 27,
2021].
(g) The Secretary of the Treasury shall:
(i) ensure that the United States is present and engaged in relevant international fora and institutions
that are working on the management of climate-related financial risks;
(ii) develop a strategy for how the voice and vote of
the United States can be used in international financial
institutions, including the World Bank Group and the
International Monetary Fund, to promote financing
programs, economic stimulus packages, and debt relief
initiatives that are aligned with and support the goals
of the Paris Agreement; and
(iii) develop, in collaboration with the Secretary of
State, the Administrator of USAID, and the Chief Executive Officer of the DFC, a plan for promoting the protection of the Amazon rainforest and other critical ecosystems that serve as global carbon sinks, including
through market-based mechanisms.
(h) The Secretary of State, the Secretary of the
Treasury, and the Secretary of Energy shall work together and with the Export-Import Bank of the United
States, the Chief Executive Officer of the DFC, and the
heads of other agencies and partners, as appropriate, to
identify steps through which the United States can promote ending international financing of carbon-intensive fossil fuel-based energy while simultaneously advancing sustainable development and a green recovery,
in consultation with the Assistant to the President for
National Security Affairs.
(i) The Secretary of Energy, in cooperation with the
Secretary of State and the heads of other agencies, as
appropriate, shall identify steps through which the
United States can intensify international collaborations to drive innovation and deployment of clean energy technologies, which are critical for climate protection.
(j) The Secretary of State shall prepare, within 60
days of the date of this order [Jan. 27, 2021], a transmittal package seeking the Senate’s advice and consent to ratification of the Kigali Amendment to the
Montreal Protocol on Substances that Deplete the
Ozone Layer, regarding the phasedown of the production and consumption of hydrofluorocarbons.
SEC. 103. Prioritizing Climate in Foreign Policy and National Security. To ensure that climate change considerations are central to United States foreign policy and
national security:
(a) Agencies that engage in extensive international
work shall develop, in coordination with the Special
Presidential Envoy for Climate, and submit to the
President, through the Assistant to the President for
National Security Affairs, within 90 days of the date of
this order, strategies and implementation plans for integrating climate considerations into their international work, as appropriate and consistent with applicable law. These strategies and plans should include
an assessment of:
(i) climate impacts relevant to broad agency strategies in particular countries or regions;
(ii) climate impacts on their agency-managed infrastructure abroad (e.g., embassies, military installations), without prejudice to existing requirements regarding assessment of such infrastructure;
(iii) how the agency intends to manage such impacts
or incorporate risk mitigation into its installation
master plans; and

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

(iv) how the agency’s international work, including
partner engagement, can contribute to addressing the
climate crisis.
(b) The Director of National Intelligence shall prepare, within 120 days of the date of this order, a National Intelligence Estimate on the national and economic security impacts of climate change.
(c) The Secretary of Defense, in coordination with the
Secretary of Commerce, through the Administrator of
the National Oceanic and Atmospheric Administration,
the Chair of the Council on Environmental Quality, the
Administrator of the Environmental Protection Agency, the Director of National Intelligence, the Director
of the Office of Science and Technology Policy, the Administrator of the National Aeronautics and Space Administration, and the heads of other agencies as appropriate, shall develop and submit to the President, within 120 days of the date of this order, an analysis of the
security implications of climate change (Climate Risk
Analysis) that can be incorporated into modeling, simulation, war-gaming, and other analyses.
(d) The Secretary of Defense and the Chairman of the
Joint Chiefs of Staff shall consider the security implications of climate change, including any relevant information from the Climate Risk Analysis described in
subsection (c) of this section, in developing the National Defense Strategy, Defense Planning Guidance,
Chairman’s Risk Assessment, and other relevant strategy, planning, and programming documents and processes. Starting in January 2022, the Secretary of Defense and the Chairman of the Joint Chiefs of Staff
shall provide an annual update, through the National
Security Council, on the progress made in incorporating the security implications of climate change
into these documents and processes.
(e) The Secretary of Homeland Security shall consider the implications of climate change in the Arctic,
along our Nation’s borders, and to National Critical
Functions, including any relevant information from
the Climate Risk Analysis described in subsection (c) of
this section, in developing relevant strategy, planning,
and programming documents and processes. Starting in
January 2022, the Secretary of Homeland Security shall
provide an annual update, through the National Security Council, on the progress made in incorporating the
homeland security implications of climate change into
these documents and processes.
SEC. 104. Reinstatement. The Presidential Memorandum of September 21, 2016 (Climate Change and National Security), is hereby reinstated.
PART II—TAKING A GOVERNMENT-WIDE APPROACH TO THE CLIMATE CRISIS
SEC. 201. Policy. Even as our Nation emerges from profound public health and economic crises borne of a pandemic, we face a climate crisis that threatens our people and communities, public health and economy, and,
starkly, our ability to live on planet Earth. Despite the
peril that is already evident, there is promise in the solutions—opportunities to create well-paying union jobs
to build a modern and sustainable infrastructure, deliver an equitable, clean energy future, and put the
United States on a path to achieve net-zero emissions,
economy-wide, by no later than 2050.
We must listen to science—and act. We must
strengthen our clean air and water protections. We
must hold polluters accountable for their actions. We
must deliver environmental justice in communities all
across America. The Federal Government must drive
assessment, disclosure, and mitigation of climate pollution and climate-related risks in every sector of our
economy, marshaling the creativity, courage, and capital necessary to make our Nation resilient in the face
of this threat. Together, we must combat the climate
crisis with bold, progressive action that combines the
full capacity of the Federal Government with efforts
from every corner of our Nation, every level of government, and every sector of our economy.
It is the policy of my Administration to organize and
deploy the full capacity of its agencies to combat the
climate crisis to implement a Government-wide ap-

Page 5878

proach that reduces climate pollution in every sector
of the economy; increases resilience to the impacts of
climate change; protects public health; conserves our
lands, waters, and biodiversity; delivers environmental
justice; and spurs well-paying union jobs and economic
growth, especially through innovation, commercialization, and deployment of clean energy technologies and
infrastructure. Successfully meeting these challenges
will require the Federal Government to pursue such a
coordinated approach from planning to implementation, coupled with substantive engagement by stakeholders, including State, local, and Tribal governments.
SEC. 202. White House Office of Domestic Climate Policy.
There is hereby established the White House Office of
Domestic Climate Policy (Climate Policy Office) within
the Executive Office of the President, which shall coordinate the policy-making process with respect to domestic climate-policy issues; coordinate domestic climate-policy advice to the President; ensure that domestic climate-policy decisions and programs are consistent with the President’s stated goals and that those
goals are being effectively pursued; and monitor implementation of the President’s domestic climate-policy
agenda. The Climate Policy Office shall have a staff
headed by the Assistant to the President and National
Climate Advisor (National Climate Advisor) and shall
include the Deputy Assistant to the President and Deputy National Climate Advisor. The Climate Policy Office shall have such staff and other assistance as may
be necessary to carry out the provisions of this order,
subject to the availability of appropriations, and may
work with established or ad hoc committees or interagency groups. All agencies shall cooperate with the
Climate Policy Office and provide such information,
support, and assistance to the Climate Policy Office as
it may request, as appropriate and consistent with applicable law.
SEC. 203. National Climate Task Force. There is hereby
established a National Climate Task Force (Task
Force). The Task Force shall be chaired by the National Climate Advisor.
(a) Membership. The Task Force shall consist of the
following additional members:
(i) the Secretary of the Treasury;
(ii) the Secretary of Defense;
(iii) the Attorney General;
(iv) the Secretary of the Interior;
(v) the Secretary of Agriculture;
(vi) the Secretary of Commerce;
(vii) the Secretary of Labor;
(viii) the Secretary of Health and Human Services;
(ix) the Secretary of Housing and Urban Development;
(x) the Secretary of Transportation;
(xi) the Secretary of Energy;
(xii) the Secretary of Homeland Security;
(xiii) the Administrator of General Services;
(xiv) the Chair of the Council on Environmental Quality;
(xv) the Administrator of the Environmental Protection Agency;
(xvi) the Director of the Office of Management and
Budget;
(xvii) the Director of the Office of Science and Technology Policy;
(xviii) the Assistant to the President for Domestic
Policy;
(xix) the Assistant to the President for National Security Affairs;
(xx) the Assistant to the President for Homeland Security and Counterterrorism; and
(xxi) the Assistant to the President for Economic
Policy.
(b) Mission and Work. The Task Force shall facilitate
the organization and deployment of a Government-wide
approach to combat the climate crisis. This Task Force
shall facilitate planning and implementation of key
Federal actions to reduce climate pollution; increase
resilience to the impacts of climate change; protect

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

public health; conserve our lands, waters, oceans, and
biodiversity; deliver environmental justice; and spur
well-paying union jobs and economic growth. As necessary and appropriate, members of the Task Force will
engage on these matters with State, local, Tribal, and
territorial governments; workers and communities; and
leaders across the various sectors of our economy.
(c) Prioritizing Actions. To the extent permitted by
law, Task Force members shall prioritize action on climate change in their policy-making and budget processes, in their contracting and procurement, and in
their engagement with State, local, Tribal, and territorial governments; workers and communities; and
leaders across all the sectors of our economy.
USE OF THE FEDERAL GOVERNMENT’S BUYING
POWER AND REAL PROPERTY AND ASSET MANAGEMENT
SEC. 204. Policy. It is the policy of my Administration
to lead the Nation’s effort to combat the climate crisis
by example—specifically, by aligning the management
of Federal procurement and real property, public lands
and waters, and financial programs to support robust
climate action. By providing an immediate, clear, and
stable source of product demand, increased transparency and data, and robust standards for the market,
my Administration will help to catalyze private sector
investment into, and accelerate the advancement of
America’s industrial capacity to supply, domestic clean
energy, buildings, vehicles, and other necessary products and materials.
SEC. 205. Federal Clean Electricity and Vehicle Procurement Strategy. (a) The Chair of the Council on Environmental Quality, the Administrator of General Services,
and the Director of the Office and Management and
Budget, in coordination with the Secretary of Commerce, the Secretary of Labor, the Secretary of Energy, and the heads of other relevant agencies, shall assist the National Climate Advisor, through the Task
Force established in section 203 of this order, in developing a comprehensive plan to create good jobs and
stimulate clean energy industries by revitalizing the
Federal Government’s sustainability efforts.
(b) The plan shall aim to use, as appropriate and consistent with applicable law, all available procurement
authorities to achieve or facilitate:
(i) a carbon pollution-free electricity sector no later
than 2035; and
(ii) clean and zero-emission vehicles for Federal,
State, local, and Tribal government fleets, including
vehicles of the United States Postal Service.
(c) If necessary, the plan shall recommend any additional legislation needed to accomplish these objectives.
(d) The plan shall also aim to ensure that the United
States retains the union jobs integral to and involved
in running and maintaining clean and zero-emission
fleets, while spurring the creation of union jobs in the
manufacture of those new vehicles. The plan shall be
submitted to the Task Force within 90 days of the date
of this order [Jan. 27, 2021].
SEC. 206. Procurement Standards. Consistent with the
Executive Order of January 25, 2021, entitled, ‘‘Ensuring the Future Is Made in All of America by All of
America’s Workers,’’ [Ex. Ord. No. 14005, 41 U.S.C. 8301
note] agencies shall adhere to the requirements of the
Made in America Laws in making clean energy, energy
efficiency, and clean energy procurement decisions.
Agencies shall, consistent with applicable law, apply
and enforce the Davis-Bacon Act [see 40 U.S.C.
3141–3144, 3146, and 3147] and prevailing wage and benefit
requirements. The Secretary of Labor shall take steps
to update prevailing wage requirements. The Chair of
the Council on Environmental Quality shall consider
additional administrative steps and guidance to assist
the Federal Acquisition Regulatory Council in developing regulatory amendments to promote increased
contractor attention on reduced carbon emission and
Federal sustainability.
SEC. 207. Renewable Energy on Public Lands and in Offshore Waters. The Secretary of the Interior shall review

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siting and permitting processes on public lands and in
offshore waters to identify to the Task Force steps that
can be taken, consistent with applicable law, to increase renewable energy production on those lands and
in those waters, with the goal of doubling offshore wind
by 2030 while ensuring robust protection for our lands,
waters, and biodiversity and creating good jobs. In conducting this review, the Secretary of the Interior shall
consult, as appropriate, with the heads of relevant
agencies, including the Secretary of Defense, the Secretary of Agriculture, the Secretary of Commerce,
through the Administrator of the National Oceanic and
Atmospheric Administration, the Secretary of Energy,
the Chair of the Council on Environmental Quality,
State and Tribal authorities, project developers, and
other interested parties. The Secretary of the Interior
shall engage with Tribal authorities regarding the development and management of renewable and conventional energy resources on Tribal lands.
SEC. 208. Oil and Natural Gas Development on Public
Lands and in Offshore Waters. To the extent consistent
with applicable law, the Secretary of the Interior shall
pause new oil and natural gas leases on public lands or
in offshore waters pending completion of a comprehensive review and reconsideration of Federal oil and gas
permitting and leasing practices in light of the Secretary of the Interior’s broad stewardship responsibilities over the public lands and in offshore waters, including potential climate and other impacts associated
with oil and gas activities on public lands or in offshore
waters. The Secretary of the Interior shall complete
that review in consultation with the Secretary of Agriculture, the Secretary of Commerce, through the National Oceanic and Atmospheric Administration, and
the Secretary of Energy. In conducting this analysis,
and to the extent consistent with applicable law, the
Secretary of the Interior shall consider whether to adjust royalties associated with coal, oil, and gas resources extracted from public lands and offshore waters, or take other appropriate action, to account for
corresponding climate costs.
SEC. 209. Fossil Fuel Subsidies. The heads of agencies
shall identify for the Director of the Office of Management and Budget and the National Climate Advisor any
fossil fuel subsidies provided by their respective agencies, and then take steps to ensure that, to the extent
consistent with applicable law, Federal funding is not
directly subsidizing fossil fuels. The Director of the Office of Management and Budget shall seek, in coordination with the heads of agencies and the National Climate Advisor, to eliminate fossil fuel subsidies from
the budget request for Fiscal Year 2022 and thereafter.
SEC. 210. Clean Energy in Financial Management. The
heads of agencies shall identify opportunities for Federal funding to spur innovation, commercialization,
and deployment of clean energy technologies and infrastructure for the Director of the Office of Management
and Budget and the National Climate Advisor, and then
take steps to ensure that, to the extent consistent with
applicable law, Federal funding is used to spur innovation, commercialization, and deployment of clean energy technologies and infrastructure. The Director of
the Office of Management and Budget, in coordination
with agency heads and the National Climate Advisor,
shall seek to prioritize such investments in the President’s budget request for Fiscal Year 2022 and thereafter.
SEC. 211. Climate Action Plans and Data and Information Products to Improve Adaptation and Increase Resilience. (a) The head of each agency shall submit a draft
action plan to the Task Force and the Federal Chief
Sustainability Officer within 120 days of the date of
this order that describes steps the agency can take
with regard to its facilities and operations to bolster
adaptation and increase resilience to the impacts of climate change. Action plans should, among other things,
describe the agency’s climate vulnerabilities and describe the agency’s plan to use the power of procurement to increase the energy and water efficiency of
United States Government installations, buildings, and

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

facilities and ensure they are climate-ready. Agencies
shall consider the feasibility of using the purchasing
power of the Federal Government to drive innovation,
and shall seek to increase the Federal Government’s resilience against supply chain disruptions. Such disruptions put the Nation’s manufacturing sector at risk, as
well as consumer access to critical goods and services.
Agencies shall make their action plans public, and post
them on the agency website, to the extent consistent
with applicable law.
(b) Within 30 days of an agency’s submission of an action plan, the Federal Chief Sustainability Officer, in
coordination with the Director of the Office of Management and Budget, shall review the plan to assess its
consistency with the policy set forth in section 204 of
this order and the priorities issued by the Office of
Management and Budget.
(c) After submitting an initial action plan, the head
of each agency shall submit to the Task Force and Federal Chief Sustainability Officer progress reports annually on the status of implementation efforts. Agencies
shall make progress reports public and post them on
the agency website, to the extent consistent with applicable law. The heads of agencies shall assign their respective agency Chief Sustainability Officer the authority to perform duties relating to implementation
of this order within the agency, to the extent consistent with applicable law.
(d) To assist agencies and State, local, Tribal, and
territorial governments, communities, and businesses
in preparing for and adapting to the impacts of climate
change, the Secretary of Commerce, through the Administrator of the National Oceanic and Atmospheric
Administration, the Secretary of Homeland Security,
through the Administrator of the Federal Emergency
Management Agency, and the Director of the Office of
Science and Technology Policy, in coordination with
the heads of other agencies, as appropriate, shall provide to the Task Force a report on ways to expand and
improve climate forecast capabilities and information
products for the public. In addition, the Secretary of
the Interior and the Deputy Director for Management
of the Office of Management and Budget, in their capacities as the Chair and Vice-Chair of the Federal Geographic Data Committee, shall assess and provide to
the Task Force a report on the potential development
of a consolidated Federal geographic mapping service
that can facilitate public access to climate-related information that will assist Federal, State, local, and
Tribal governments in climate planning and resilience
activities.
EMPOWERING WORKERS THROUGH REBUILDING
OUR INFRASTRUCTURE FOR A SUSTAINABLE
ECONOMY
SEC. 212. Policy. This Nation needs millions of construction, manufacturing, engineering, and skilledtrades workers to build a new American infrastructure
and clean energy economy. These jobs will create opportunities for young people and for older workers
shifting to new professions, and for people from all
backgrounds and communities. Such jobs will bring opportunity to communities too often left behind—places
that have suffered as a result of economic shifts and
places that have suffered the most from persistent pollution, including low-income rural and urban communities, communities of color, and Native communities.
SEC. 213. Sustainable Infrastructure. (a) The Chair of
the Council on Environmental Quality and the Director
of the Office of Management and Budget shall take
steps, consistent with applicable law, to ensure that
Federal infrastructure investment reduces climate pollution, and to require that Federal permitting decisions
consider the effects of greenhouse gas emissions and
climate change. In addition, they shall review, and report to the National Climate Advisor on, siting and
permitting processes, including those in progress under
the auspices of the Federal Permitting Improvement
Steering Council, and identify steps that can be taken,
consistent with applicable law, to accelerate the deployment of clean energy and transmission projects in
an environmentally stable manner.

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(b) Agency heads conducting infrastructure reviews
shall, as appropriate, consult from an early stage with
State, local, and Tribal officials involved in permitting
or authorizing proposed infrastructure projects to develop efficient timelines for decision-making that are
appropriate given the complexities of proposed
projects.
EMPOWERING WORKERS BY ADVANCING CONSERVATION, AGRICULTURE, AND REFORESTATION
SEC. 214. Policy. It is the policy of my Administration
to put a new generation of Americans to work conserving our public lands and waters. The Federal Government must protect America’s natural treasures, increase reforestation, improve access to recreation, and
increase resilience to wildfires and storms, while creating well-paying union jobs for more Americans, including more opportunities for women and people of
color in occupations where they are underrepresented.
America’s farmers, ranchers, and forest landowners
have an important role to play in combating the climate crisis and reducing greenhouse gas emissions, by
sequestering carbon in soils, grasses, trees, and other
vegetation and sourcing sustainable bioproducts and
fuels. Coastal communities have an essential role to
play in mitigating climate change and strengthening
resilience by protecting and restoring coastal ecosystems, such as wetlands, seagrasses, coral and oyster
reefs, and mangrove and kelp forests, to protect vulnerable coastlines, sequester carbon, and support biodiversity and fisheries.
SEC. 215. Civilian Climate Corps. In furtherance of the
policy set forth in section 214 of this order, the Secretary of the Interior, in collaboration with the Secretary of Agriculture and the heads of other relevant
agencies, shall submit a strategy to the Task Force
within 90 days of the date of this order for creating a
Civilian Climate Corps Initiative, within existing appropriations, to mobilize the next generation of conservation and resilience workers and maximize the creation of accessible training opportunities and good
jobs. The initiative shall aim to conserve and restore
public lands and waters, bolster community resilience,
increase reforestation, increase carbon sequestration in
the agricultural sector, protect biodiversity, improve
access to recreation, and address the changing climate.
SEC. 216. Conserving Our Nation’s Lands and Waters. (a)
The Secretary of the Interior, in consultation with the
Secretary of Agriculture, the Secretary of Commerce,
the Chair of the Council on Environmental Quality, and
the heads of other relevant agencies, shall submit a report to the Task Force within 90 days of the date of
this order recommending steps that the United States
should take, working with State, local, Tribal, and territorial governments, agricultural and forest landowners, fishermen, and other key stakeholders, to
achieve the goal of conserving at least 30 percent of our
lands and waters by 2030.
(i) The Secretary of the Interior, the Secretary of Agriculture, the Secretary of Commerce, through the Administrator of the National Oceanic and Atmospheric
Administration, and the Chair of the Council on Environmental Quality shall, as appropriate, solicit input
from State, local, Tribal, and territorial officials, agricultural and forest landowners, fishermen, and other
key stakeholders in identifying strategies that will encourage broad participation in the goal of conserving 30
percent of our lands and waters by 2030.
(ii) The report shall propose guidelines for determining whether lands and waters qualify for conservation, and it also shall establish mechanisms to measure
progress toward the 30-percent goal. The Secretary of
the Interior shall subsequently submit annual reports
to the Task Force to monitor progress.
(b) The Secretary of Agriculture shall:
(i) initiate efforts in the first 60 days from the date
of this order to collect input from Tribes, farmers,
ranchers, forest owners, conservation groups, firefighters, and other stakeholders on how to best use Department of Agriculture programs, funding and financing capacities, and other authorities, and how to en-

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

courage the voluntary adoption of climate-smart agricultural and forestry practices that decrease wildfire
risk fueled by climate change and result in additional,
measurable, and verifiable carbon reductions and sequestration and that source sustainable bioproducts
and fuels; and
(ii) submit to the Task Force within 90 days of the
date of this order a report making recommendations
for an agricultural and forestry climate strategy.
(c) The Secretary of Commerce, through the Administrator of the National Oceanic and Atmospheric Administration, shall initiate efforts in the first 60 days
from the date of this order to collect input from fishermen, regional ocean councils, fishery management
councils, scientists, and other stakeholders on how to
make fisheries and protected resources more resilient
to climate change, including changes in management
and conservation measures, and improvements in
science, monitoring, and cooperative research.
EMPOWERING WORKERS THROUGH REVITALIZING ENERGY COMMUNITIES
SEC. 217. Policy. It is the policy of my Administration
to improve air and water quality and to create wellpaying union jobs and more opportunities for women
and people of color in hard-hit communities, including
rural communities, while reducing methane emissions,
oil and brine leaks, and other environmental harms
from tens of thousands of former mining and well sites.
Mining and power plant workers drove the industrial
revolution and the economic growth that followed, and
have been essential to the growth of the United States.
As the Nation shifts to a clean energy economy, Federal leadership is essential to foster economic revitalization of and investment in these communities, ensure
the creation of good jobs that provide a choice to join
a union, and secure the benefits that have been earned
by workers.
Such work should include projects that reduce emissions of toxic substances and greenhouse gases from existing and abandoned infrastructure and that prevent
environmental damage that harms communities and
poses a risk to public health and safety. Plugging leaks
in oil and gas wells and reclaiming abandoned mine
land can create well-paying union jobs in coal, oil, and
gas communities while restoring natural assets, revitalizing recreation economies, and curbing methane
emissions. In addition, such work should include efforts
to turn properties idled in these communities, such as
brownfields, into new hubs for the growth of our economy. Federal agencies should therefore coordinate investments and other efforts to assist coal, oil and gas,
and power plant communities, and achieve substantial
reductions of methane emissions from the oil and gas
sector as quickly as possible.
SEC. 218. Interagency Working Group on Coal and Power
Plant Communities and Economic Revitalization. There is
hereby established an Interagency Working Group on
Coal and Power Plant Communities and Economic Revitalization (Interagency Working Group). The National Climate Advisor and the Assistant to the President for Economic Policy shall serve as Co-Chairs of
the Interagency Working Group.
(a) Membership. The Interagency Working Group
shall consist of the following additional members:
(i) the Secretary of the Treasury;
(ii) the Secretary of the Interior;
(iii) the Secretary of Agriculture;
(iv) the Secretary of Commerce;
(v) the Secretary of Labor;
(vi) the Secretary of Health and Human Services;
(vii) the Secretary of Transportation;
(viii) the Secretary of Energy;
(ix) the Secretary of Education;
(x) the Administrator of the Environmental Protection Agency;
(xi) the Director of the Office of Management and
Budget;
(xii) the Assistant to the President for Domestic Policy and Director of the Domestic Policy Council; and
(xiii) the Federal Co-Chair of the Appalachian Regional Commission.

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(b) Mission and Work.
(i) The Interagency Working Group shall coordinate
the identification and delivery of Federal resources to
revitalize the economies of coal, oil and gas, and power
plant communities; develop strategies to implement
the policy set forth in section 217 of this order and for
economic and social recovery; assess opportunities to
ensure benefits and protections for coal and power
plant workers; and submit reports to the National Climate Advisor and the Assistant to the President for
Economic Policy on a regular basis on the progress of
the revitalization effort.
(ii) As part of this effort, within 60 days of the date
of this order, the Interagency Working Group shall submit a report to the President describing all mechanisms, consistent with applicable law, to prioritize
grantmaking, Federal loan programs, technical assistance, financing, procurement, or other existing programs to support and revitalize the economies of coal
and power plant communities, and providing recommendations for action consistent with the goals of
the Interagency Working Group.
(c) Consultation. Consistent with the objectives set
out in this order and in accordance with applicable law,
the Interagency Working Group shall seek the views of
State, local, and Tribal officials; unions; environmental
justice organizations; community groups; and other
persons it identifies who may have perspectives on the
mission of the Interagency Working Group.
(d) Administration. The Interagency Working Group
shall be housed within the Department of Energy. The
Chairs shall convene regular meetings of the Interagency Working Group, determine its agenda, and direct its work. The Secretary of Energy, in consultation
with the Chairs, shall designate an Executive Director
of the Interagency Working Group, who shall coordinate the work of the Interagency Working Group and
head any staff assigned to the Interagency Working
Group.
(e) Officers. To facilitate the work of the Interagency
Working Group, the head of each agency listed in subsection (a) of this section shall assign a designated official within the agency the authority to represent the
agency on the Interagency Working Group and perform
such other duties relating to the implementation of
this order within the agency as the head of the agency
deems appropriate.
SECURING
ENVIRONMENTAL
JUSTICE
AND
SPURRING ECONOMIC OPPORTUNITY
SEC. 219. Policy. To secure an equitable economic future, the United States must ensure that environmental and economic justice are key considerations in
how we govern. That means investing and building a
clean energy economy that creates well-paying union
jobs, turning disadvantaged communities—historically
marginalized and overburdened—into healthy, thriving
communities, and undertaking robust actions to mitigate climate change while preparing for the impacts of
climate change across rural, urban, and Tribal areas.
Agencies shall make achieving environmental justice
part of their missions by developing programs, policies,
and activities to address the disproportionately high
and adverse human health, environmental, climate-related and other cumulative impacts on disadvantaged
communities, as well as the accompanying economic
challenges of such impacts. It is therefore the policy of
my Administration to secure environmental justice and
spur economic opportunity for disadvantaged communities that have been historically marginalized and
overburdened by pollution and underinvestment in
housing, transportation, water and wastewater infrastructure, and health care.
SEC. 220. White House Environmental Justice Interagency
Council. (a) [Amended Ex. Ord. No. 12898, set out above.]
(b) The Interagency Council shall, within 120 days of
the date of this order, submit to the President, through
the National Climate Advisor, a set of recommendations for further updating Executive Order 12898.
SEC. 221. White House Environmental Justice Advisory
Council. There is hereby established, within the Envi-

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

ronmental Protection Agency, the White House Environmental Justice Advisory Council (Advisory Council), which shall advise the Interagency Council and the
Chair of the Council on Environmental Quality.
(a) Membership. Members shall be appointed by the
President, shall be drawn from across the political
spectrum, and may include those with knowledge about
or experience in environmental justice, climate change,
disaster preparedness, racial inequity, or any other
area determined by the President to be of value to the
Advisory Council.
(b) Mission and Work. The Advisory Council shall be
solely advisory. It shall provide recommendations to
the White House Environmental Justice Interagency
Council established in section 220 of this order on how
to increase the Federal Government’s efforts to address
current and historic environmental injustice, including
recommendations for updating Executive Order 12898.
(c) Administration. The Environmental Protection
Agency shall provide funding and administrative support for the Advisory Council to the extent permitted
by law and within existing appropriations. Members of
the Advisory Council shall serve without either compensation or reimbursement of expenses.
(d) Federal Advisory Committee Act. Insofar as the
Federal Advisory Committee Act, as amended (5 U.S.C.
App.), may apply to the Advisory Council, any functions of the President under the Act, except for those
in section 6 of the Act, shall be performed by the Administrator of the Environmental Protection Agency in
accordance with the guidelines that have been issued
by the Administrator of General Services.
SEC. 222. Agency Responsibilities. In furtherance of the
policy set forth in section 219:
(a) The Chair of the Council on Environmental Quality shall, within 6 months of the date of this order, create a geospatial Climate and Economic Justice Screening Tool and shall annually publish interactive maps
highlighting disadvantaged communities.
(b) The Administrator of the Environmental Protection Agency shall, within existing appropriations and
consistent with applicable law:
(i) strengthen enforcement of environmental violations with disproportionate impact on underserved
communities through the Office of Enforcement and
Compliance Assurance; and
(ii) create a community notification program to monitor and provide real-time data to the public on current
environmental pollution, including emissions, criteria
pollutants, and toxins, in frontline and fenceline communities—places with the most significant exposure to
such pollution.
(c) The Attorney General shall, within existing appropriations and consistent with applicable law:
(i) consider renaming the Environment and Natural
Resources Division the Environmental Justice and Natural Resources Division;
(ii) direct that division to coordinate with the Administrator of the Environmental Protection Agency,
through the Office of Enforcement and Compliance Assurance, as well as with other client agencies as appropriate, to develop a comprehensive environmental justice enforcement strategy, which shall seek to provide
timely remedies for systemic environmental violations
and contaminations, and injury to natural resources;
and
(iii) ensure comprehensive attention to environmental justice throughout the Department of Justice,
including by considering creating an Office of Environmental Justice within the Department to coordinate
environmental justice activities among Department of
Justice components and United States Attorneys’ Offices nationwide.
(d) The Secretary of Health and Human Services
shall, consistent with applicable law and within existing appropriations:
(i) establish an Office of Climate Change and Health
Equity to address the impact of climate change on the
health of the American people; and
(ii) establish an Interagency Working Group to Decrease Risk of Climate Change to Children, the Elderly,

Page 5882

People with Disabilities, and the Vulnerable as well as
a biennial Health Care System Readiness Advisory
Council, both of which shall report their progress and
findings regularly to the Task Force.
(e) The Director of the Office of Science and Technology Policy shall, in consultation with the National
Climate Advisor, within existing appropriations, and
within 100 days of the date of this order, publish a report identifying the climate strategies and technologies that will result in the most air and water
quality improvements, which shall be made public to
the maximum extent possible and published on the Office’s website.
SEC. 223. Justice40 Initiative. (a) Within 120 days of the
date of this order, the Chair of the Council on Environmental Quality, the Director of the Office of Management and Budget, and the National Climate Advisor, in
consultation with the Advisory Council, shall jointly
publish recommendations on how certain Federal investments might be made toward a goal that 40 percent
of the overall benefits flow to disadvantaged communities. The recommendations shall focus on investments in the areas of clean energy and energy efficiency; clean transit; affordable and sustainable housing; training and workforce development; the remediation and reduction of legacy pollution; and the development of critical clean water infrastructure. The recommendations shall reflect existing authorities the
agencies may possess for achieving the 40-percent goal
as well as recommendations on any legislation needed
to achieve the 40-percent goal.
(b) In developing the recommendations, the Chair of
the Council on Environmental Quality, the Director of
the Office of Management and Budget, and the National
Climate Advisor shall consult with affected disadvantaged communities.
(c) Within 60 days of the recommendations described
in subsection (a) of this section, agency heads shall
identify applicable program investment funds based on
the recommendations and consider interim investment
guidance to relevant program staff, as appropriate and
consistent with applicable law.
(d) By February 2022, the Director of the Office of
Management and Budget, in coordination with the
Chair of the Council on Environmental Quality, the Administrator of the United States Digital Service, and
other relevant agency heads, shall, to the extent consistent with applicable law, publish on a public website
an annual Environmental Justice Scorecard detailing
agency environmental justice performance measures.
PART III—GENERAL PROVISIONS
SEC. 301. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency or the head thereof; or
(ii) the functions of the Director of the Office of
Management and Budget, relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create
any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the
United States, its departments, agencies, or entities,
its officers, employees, or agents, or any other person.
J.R. BIDEN, JR.
EXTENSION OF TERM OF WHITE HOUSE ENVIRONMENTAL
JUSTICE ADVISORY COUNCIL
Term of White House Environmental Justice Advisory Council extended until Sept. 30, 2023, by Ex. Ord.
No. 14048, Sept. 30, 2021, 86 F.R. 55465, 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. 14057. CATALYZING CLEAN ENERGY INDUSTRIES AND JOBS THROUGH FEDERAL SUSTAINABILITY
Ex. Ord. No. 14057, Dec. 8, 2021, 86 F.R. 70935, provided:

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By the authority vested in me as President by the
Constitution and the laws of the United States of
America, and in order to reestablish the Federal Government as a leader in sustainability, it is hereby ordered as follows:
SECTION 101. Policy. The Federal Government faces
broad exposure to the mounting risks and costs already
posed by the climate crisis. In responding to this crisis,
we have a once-in-a-generation economic opportunity
to create and sustain jobs, including well-paying union
jobs; support a just transition to a more sustainable
economy for American workers; strengthen America’s
communities; protect public health; and advance environmental justice. As the single largest land owner, energy consumer, and employer in the Nation, the Federal Government can catalyze private sector investment and expand the economy and American industry
by transforming how we build, buy, and manage electricity, vehicles, buildings, and other operations to be
clean and sustainable.
We also must build on past progress and pursue new
strategies to improve the Nation’s preparedness and resilience to the effects of a changing climate, including
advancing the Federal Government’s strategic planning, governance, financial management, and procurement to ensure climate resilient operations.
It is therefore the policy of my Administration for
the Federal Government to lead by example in order to
achieve a carbon pollution-free electricity sector by
2035 and net-zero emissions economy-wide by no later
than 2050. Through a whole-of-government approach,
we will demonstrate how innovation and environmental
stewardship can protect our planet, safeguard Federal
investments against the effects of climate change, respond to the needs of all of America’s communities, and
expand American technologies, industries, and jobs.
SEC. 102. Government-wide Goals. (a) Leading the Nation on a firm path to net-zero emissions by 2050 and
achieving the policy set forth in section 101 of this
order will require bold action to transform Federal procurement and operations and secure a transition to
clean, zero-emission technologies. Through a coordinated whole-of-government approach, the Federal Government shall use its scale and procurement power to
achieve:
(i) 100 percent carbon pollution-free electricity on a
net annual basis by 2030, including 50 percent 24/7 carbon pollution-free electricity, as defined in section
603(a) of this order;
(ii) 100 percent zero-emission vehicle acquisitions by
2035, including 100 percent zero-emission light-duty vehicle acquisitions by 2027;
(iii) a net-zero emissions building portfolio by 2045,
including a 50 percent emissions reduction by 2032;
(iv) a 65 percent reduction in scope 1 and 2 greenhouse
gas emissions, as defined by the Federal Greenhouse
Gas Accounting and Reporting Guidance, from Federal
operations by 2030 from 2008 levels;
(v) net-zero emissions from Federal procurement, including a Buy Clean policy to promote use of construction materials with lower embodied emissions;
(vi) climate resilient infrastructure and operations;
and
(vii) a climate- and sustainability-focused Federal
workforce.
(b) The actions and investment required to achieve
these goals will protect the environment, drive innovation, spur private sector investment, improve public infrastructure, and create new economic opportunity.
Pursuant to section 511 of this order, agencies shall implement this order in accordance with my Administration’s policies to combat the climate crisis; help American businesses compete in strategic industries; create
and sustain well-paying union jobs that allow workers
to thrive; maximize the use of American goods, products, materials, and services; and promote a secure,
just, and equitable future for all Americans.
SEC. 201. Agency Goals and Targets. (a) In implementing the policy set forth in section 101 of this order
and to support the achievement of the government-

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wide goals of section 102 of this order, the head of each
agency shall propose targets, including annual progress
targets as applicable, to meet the requirements of sections 202 through 206 of this order.
(b) The Chair of the Council on Environmental Quality (CEQ) and the Director of the Office of Management
and Budget (OMB) shall review the targets, and agencies shall incorporate such targets into the performance management systems described under section 503
of this order, as appropriate.
SEC. 202. Reducing Agency Greenhouse Gas Emissions.
Each agency shall reduce its scope 1, 2, and 3 greenhouse gas emissions, as defined by the Federal Greenhouse Gas Accounting and Reporting Guidance, by setting and meeting targets for fiscal year 2030 measured
from a fiscal year 2008 baseline.
SEC. 203. Transitioning to 100 Percent Carbon PollutionFree Electricity. Each agency shall increase its percentage use of carbon pollution-free electricity, so that it
constitutes 100 percent of facility electrical energy use
on an annual basis, and seek to match use on an hourly
basis to achieve 50 percent 24/7 carbon pollution-free
electricity, by fiscal year 2030. In addition, agencies
shall facilitate new carbon pollution-free electricity
generation and energy storage capacity by authorizing
use of their real property assets, such as rooftops, parking structures, and adjoining land, for the development
of new carbon pollution-free electricity generation and
energy storage through leases, grants, permits, or
other mechanisms, to the extent permitted by law.
SEC. 204. Transitioning to a Zero-Emission Fleet. Each
agency’s light-duty vehicle acquisitions shall be zeroemission vehicles by the end of fiscal year 2027. Each
agency with a fleet comprising at least 20 vehicles shall
develop and annually update a zero-emission fleet
strategy that shall include optimizing fleet size and
composition; deploying zero-emission vehicle re-fueling
infrastructure; and maximizing acquisition and deployment of zero-emission light-, medium-, and heavy-duty
vehicles where the General Services Administration
(GSA) offers one or more zero-emission vehicle options
for that vehicle class.
SEC. 205. Achieving Net-Zero Emissions Buildings, Campuses, and Installations. (a) Each agency shall achieve
net-zero emissions across its portfolio of buildings,
campuses, and installations by 2045 and reduce greenhouse gas emissions by 50 percent from buildings, campuses, and installations by 2032 from 2008 levels,
prioritizing improvement of energy efficiency and the
elimination of onsite fossil fuel use.
(b) To prioritize reductions in scope 1 greenhouse gas
emissions, as defined by the Federal Greenhouse Gas
Accounting and Reporting Guidance, agencies should
use the Federal building performance standards issued
pursuant to section 510 of this order.
(c) To reduce scope 1 and 2 greenhouse gas emissions,
as defined by the Federal Greenhouse Gas Accounting
and Reporting Guidance, to achieve net-zero emissions
buildings, agencies shall:
(i) pursue building electrification strategies in conjunction with carbon pollution-free energy use, deepenergy retrofits, whole-building commissioning, energy
and water conservation measures, and space reduction
and consolidation;
(ii) design new construction and modernization
projects greater than 25,000 gross square feet to be netzero emissions by 2030;
(iii) implement CEQ’s Guiding Principles for Sustainable Federal Buildings in building design, construction,
and operation of all new Federal buildings and renovated existing buildings; and
(iv) use performance contracting, in accordance with
the provisions of section 1002 of the Energy Act of 2020
(Public Law 116–133 [116–260], division Z) [amending sections 8253, 8258, 8259, 8287, 8287a, and 8287c of this title],
to improve efficiency and resilience of Federal facilities, deploy clean and innovative technologies, and reduce greenhouse gas emissions from building operations.
SEC. 206. Increasing Energy and Water Efficiency. Each
agency shall increase facility energy efficiency and

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

water efficiency and shall establish targets for fiscal
year 2030 for agency-wide facility energy use intensity
and potable water use intensity, with consideration of
performance benchmarks for categories of building
types (e.g., hospitals, office buildings) and the composition of the agency’s building portfolio.
SEC. 207. Reducing Waste and Pollution. Each agency
shall minimize waste, including the generation of
wastes requiring treatment and disposal; advance pollution prevention; support markets for recycled products; and promote a transition to a circular economy,
as defined in section 2 of the Save Our Seas 2.0 Act
(Public Law 116–224) [33 U.S.C. 4201], by annually diverting from landfills at least 50 percent of non-hazardous
solid waste, including food and compostable material,
and construction and demolition waste and debris by
fiscal year 2025; and 75 percent by fiscal year 2030.
SEC. 208. Sustainable Acquisition and Procurement. (a)
Agencies shall reduce emissions, promote environmental stewardship, support resilient supply chains,
drive innovation, and incentivize markets for sustainable products and services by prioritizing products that
can be reused, refurbished, or recycled; maximizing environmental benefits and cost savings through use of
full lifecycle cost methodologies; purchasing products
that contain recycled content, are biobased, or are energy and water efficient, in accordance with relevant
statutory requirements; and, to the maximum extent
practicable, purchasing sustainable products and services identified or recommended by the Environmental
Protection Agency (EPA).
(b) The Chair of CEQ shall consider establishing Federal food procurement policies to reduce associated
greenhouse gas emissions and drive sustainability in
the Federal food supply chain.
SEC. 209. Adapting the Federal Government to the Impacts of Climate Change. Consistent with its mission,
each agency shall:
(a) develop or revise polices and processes to promote
climate resilient investment that advances adaptation
to climate change and protects public health and the
environment;
(b) conduct climate adaptation analysis and planning
for climate-informed financial and management decisions and program implementation;
(c) reform agency policies and funding programs that
are maladaptive to climate change and increase the
vulnerability of communities, natural or built systems,
economic sectors, and natural resources to climate impacts, or related risks; and
(d) develop and enhance tools that assess climate
change impacts and support climate adaptation planning and implementation.
SEC. 301. Federal Supply Chain Sustainability. Federal
supply chains should support a Government and economy that serves all Americans by creating and sustaining well-paying union jobs, protecting public
health, advancing environmental justice, reducing
greenhouse gas emissions, and building resilience to
climate change. Consistent with applicable law, agencies shall pursue procurement strategies to reduce contractor emissions and embodied emissions in products
acquired or used in Federal projects.
SEC. 302. Supplier Emissions Tracking. The Administrator of GSA shall track disclosure of greenhouse gas
emissions, emissions reduction targets, climate risk,
and other sustainability-related actions by major Federal suppliers, based on information and data collected
through supplier disclosure pursuant to the requirements of section 5(b)(i) of Executive Order 14030 of May
20, 2021 (Climate-Related Financial Risk) [15 U.S.C. 2901
note], and shall assist the Chair of CEQ in assessing the
results of efforts to reduce Federal supply chain emissions.
SEC. 303. Buy Clean. The Buy Clean Task Force established pursuant to section 508 of this order shall provide recommendations to the Chair of CEQ and the Director of OMB, through the Administrator of the Office
of Federal Procurement Policy, on policies and procedures to expand consideration of embodied emissions

Page 5884

and pollutants of construction materials in Federal
procurement and federally funded projects, to include:
(a) identifying and prioritizing pollutants and materials, such as concrete and steel, to be covered under a
Buy Clean policy, taking into account the availability
of relevant data, including from environmental product
declarations, and consistency with existing environmental reporting requirements;
(b) providing recommendations to increase transparency of embodied emissions, including supplier reporting; procedures for auditing environmental product
declarations and verifying accuracy of reported emissions data; and recommendations for grants, loans,
technical assistance, or alternative mechanisms to support domestic manufacturers in enhancing capabilities
to report and reduce embodied emissions in priority
materials they produce; and
(c) recommending pilot programs that incentivize
Federal procurement of construction materials with
lower embodied emissions.
SEC. 401. Engaging, Educating, and Training the Federal
Workforce. Meeting the challenges of climate change
and achieving the goals of this order requires an investment in the Federal Government’s employees and a
workforce with the knowledge and skills to effectively
apply sustainability, climate adaptation, and environmental stewardship across disciplines and functions.
Agencies shall foster a culture of sustainability and climate action; build employees’ skills and knowledge
through engagement, education, and training; and incorporate environmental stewardship values and, where
appropriate, sustainability goals and objectives into
performance plans of executives, managers, and staff.
The Director of the Office of Personnel Management
(OPM), within 90 days of the date of this order [Dec. 8,
2021], shall prepare a report for the Chair of CEQ that
outlines opportunities for including or expanding environmental sustainability and climate adaptation training content in existing Federal training programs, including OPM leadership training programs, and strategies for incorporating sustainability into performance
plans. In developing this report, the Director of OPM
shall coordinate with the Secretary of Energy, the Administrator of the EPA, the Administrator of GSA,
and, as appropriate, the heads of other agencies, as well
as Federal employee unions.
SEC. 402. Incorporating Environmental Justice. Environmental justice can only be achieved by ensuring that
all those affected by agency operations enjoy the same
degree of protection from environmental and health
hazards. Accordingly, it is critical that the Federal
Government incorporate environmental justice considerations into sustainability and climate adaptation
planning, programs, and operations. Consistent with
applicable law, agencies shall consider incorporating
recommendations of the Justice40 Initiative, required
by section 223 of Executive Order 14008 of January 27,
2021 (Tackling the Climate Crisis at Home and Abroad)
[set out above], on how Federal investments might be
made toward a goal that 40 percent of the overall benefits flow to disadvantaged communities that have been
historically marginalized and overburdened by pollution and underinvestment in housing, transportation,
energy, water, wastewater infrastructure, and health
care, into operational planning and decision-making regarding Federal facilities, fleets, and operations. Agencies shall address actions taken to advance environmental justice as part of sustainable operations within
the annual Sustainability Plans and Climate Adaptation and Resilience Plans required under section 503 of
this order.
SEC. 403. Accelerating Progress Through Public, Private,
and Non-profit Sector Engagement. (a) Through strong
partnerships with the public, private, and non-profit
sectors and labor unions and worker organizations, we
can more effectively catalyze the growth of clean energy industries and jobs. The Federal Chief Sustainability Officer, reestablished in section 501 of this
order, and the heads of agencies shall seek to engage
with stakeholders and partners in achieving the goals
of this order.

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(b) In coordination with the Chair of CEQ and the
heads of other agencies, as appropriate, the Director of
OPM shall facilitate establishment of a Presidential
Sustainability Executives Program to place senior
leaders from the private and non-profit sectors into
term-limited appointments to bring innovative perspectives and expertise to Federal Government and assist agencies in efforts related to climate action and
sustainability.
SEC. 501. Establishment of the Office of the Federal Chief
Sustainability Officer. The Office of the Federal Chief
Sustainability Officer is reestablished within CEQ. The
EPA shall provide funding and administrative support
for the Office.
(a) The Office shall be headed by a Federal Chief Sustainability Officer, who shall be appointed by the President. The Federal Chief Sustainability Officer shall
lead the development of policies, programs, and partnerships to achieve the policies set forth in this order,
advance sustainability and climate resilient Federal
operations, and ensure the Federal Government leads
by example in combating the climate crisis.
(b) The heads of all agencies shall cooperate with the
Federal Chief Sustainability Officer and provide such
information, support, and assistance as the Federal
Chief Sustainability Officer may request, as appropriate and consistent with applicable law.
SEC. 502. Designation and Duties of Agency Chief Sustainability Officers. Within 30 days of the date of this
order or 30 days of an Agency Chief Sustainability Officer leaving that position, heads of agencies shall designate an Agency Chief Sustainability Officer, and assign to the designated official the responsibility for
leading agency planning, implementation, and related
actions, to include establishment of internal metrics
and performance management systems, to achieve the
policy in section 101 and the goals set forth in and targets established under sections 201–209 of this order.
Agency Chief Sustainability Officers shall provide to
the Director of OMB, the Chair of CEQ, and the Federal
Chief Sustainability Officer any information and assistance necessary to implement this order, consistent
with applicable law.
SEC. 503. Agency Planning and Performance Management. (a) The heads of principal agencies shall develop
and implement annual Sustainability Plans, based on
annual guidance provided by CEQ, describing actions
and progress toward the goals and requirements of this
order.
(b) The heads of principal agencies shall develop, implement, and update Climate Adaptation and Resilience Plans that build on the agency’s plan submitted
pursuant to section 211 of Executive Order 14008.
(c) The Chair of CEQ and the Director of OMB shall
conduct management reviews with each principal agency, at least annually or more frequently as appropriate,
to assess implementation and progress on agency plans
developed pursuant to this order, the goals set forth in
this order, and targets established under this order.
(d) The heads of agencies other than principal agencies are encouraged to develop, implement, or update
plans and participate in management reviews under
this section.
SEC. 504. Duties of the Chair of the Council on Environmental Quality. In coordination with the Director of
OMB, the Chair of CEQ shall:
(a) issue guidance, including the guidance required by
section 510(b) of this order, or revise existing guidance,
as necessary, for agency implementation of this order,
(b) establish a Chief Sustainability Officer Council
that shall advise the Director of OMB and the Chair of
CEQ on the performance of agency responsibilities
under this order. The Federal Chief Sustainability Officer shall chair the Council. Members of the Council
shall include those Agency Chief Sustainability Officers invited by the Chair of CEQ, as well as representatives designated by the heads of other agencies at the
invitation of CEQ, including representatives from OMB,
the Federal Energy Management Program within the
Department of Energy, the Office of Federal High-Per-

§ 4321

formance Green Buildings within GSA, and a Federal
expert on environmental justice. [sic]
(c) establish, as appropriate and consistent with applicable law, committees, interagency groups, or task
forces to provide information, recommendations, and
assistance to CEQ and OMB in implementing this order.
SEC. 505. Duties of the Director of OMB. The Director
of OMB shall coordinate with the Chair of CEQ on implementation of the duties contained in section 504 of
this order and, after consultation with the Chair of
CEQ and the National Climate Advisor, issue instructions to the heads of agencies concerning periodic performance evaluation of agency implementation of this
order and prepare scorecards providing periodic evaluation of principal agency performance in implementing
this order.
SEC. 506. Duties of the National Climate Advisor. The
National Climate Advisor shall monitor and evaluate
progress toward the government-wide goals set forth in
section 102 of this order in coordination with the National Climate Task Force established pursuant to section 203 of Executive Order 14008.
SEC. 507. Duties of Heads of Agencies. (a) To ensure successful implementation of the policy established in section 101 of this order and the goals set forth in section
102 of this order, the head of each agency shall:
(i) develop an agency-wide strategic process that coordinates appropriate agency functions and programs
to ensure that those functions and programs consider
and address the goals of this order; and
(ii) issue or revise existing agency policies, directives, and guidance, as appropriate.
(b) To support a whole-of-government approach to
achieve the policy in section 101 of this order, independent agencies are encouraged to implement the policy, goals, and provisions of this order, consistent with
applicable law.
SEC. 508. Establishment of Federal Leaders Working
Groups. The following Federal Leaders working groups
are hereby established, to be housed within CEQ: 100
Percent 24/7 Carbon Pollution-Free Electricity; ZeroEmission Vehicle Fleets; Net-Zero Emissions Buildings;
Net-Zero Emissions Procurement, including a Buy
Clean Task Force; and Climate Adaptation and Resilience. The Chair of CEQ shall designate the chair or cochairs for each working group and provide guidance on
their membership and responsibilities. The working
groups shall provide semiannual reports to the National Climate Task Force on actions, findings, and
progress toward government-wide goals.
SEC. 509. Government-wide Support and Collaboration.
Achieving the government-wide goals of section 102 and
the agency goals of sections 201 through 209 of this
order requires transforming how we build, buy, and
manage across the Federal Government. To support a
whole-of-government approach:
(a) Consistent with applicable law, the Secretary of
Defense, the Secretary of Energy, and the Administrator of GSA shall use the scale of the Federal Government’s electricity use to aggregate and accelerate new
carbon pollution-free electricity generation capacity to
meet Federal energy needs.
(b) The Secretary of Transportation and the Administrator of GSA shall coordinate with States, Tribes, and
local governments to facilitate wider adoption of zeroemission vehicles and, where appropriate, use the Federal Government’s acquisition programs for non-Federal Government purchasers.
(c) In coordination with the Chair of CEQ and the Director of OMB, the Secretary of Energy shall provide
tools and technical support to agencies to develop targets for greenhouse gas emissions, zero-emission vehicle fleets, energy, and water required under section 201
of this order; and shall collect, analyze, and report
agency data for the purposes of monitoring and evaluating performance toward the goals of this order.
SEC. 510. Additional Guidance and Instructions for Agencies. (a) The Director of OMB, in coordination with the
Chair of CEQ and the National Climate Advisor, shall
issue a memorandum for agencies that provides direc-

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

tion on immediate actions and further requirements to
meet the policies and goals of this order.
(b) To assist agencies in complying with this order,
the Chair of CEQ, in consultation with the Director of
OMB, shall:
(i) within 120 days of the date of this order, issue and,
as needed, update implementing guidance for agencies
that provide directions, strategies, and recommended
actions to meet the policies and goals of this order;
(ii) issue building performance standards to support
achievement of net-zero emissions in the Federal building portfolio under section 205 of this order; and
(iii) consider issuing guidance for agencies to promote sustainable locations for Federal facilities and
strengthen the vitality and livability of the communities in which Federal facilities are located.
SEC. 511. Coordination of Administration Priorities. The
heads of agencies shall implement this order consistent
with my Administration’s policies to spur growth of domestic industry and well-paying union jobs, address the
climate crisis, and deliver equity and environmental
justice. These policies include those contained in Executive Order 13990 of January 20, 2021 (Protecting Public
Health and the Environment and Restoring Science To
Tackle the Climate Crisis) [set out above], Executive
Order 14008, and Executive Order 14030, which have
placed our public health, the environment, and the climate crisis at the forefront of national policy and planning, along with environmental justice, expanding the
economy, and the creation of the well-paying union
jobs critical to delivering on those goals; Executive
Order 14005 of January 25, 2021 (Ensuring the Future Is
Made in All of America by All of America’s Workers)
[41 U.S.C. 8301 note], which establishes that Federal
agencies shall maximize the use of goods, products, and
materials that are made in America; Executive Order
13985 of January 20, 2021 (Advancing Racial Equity and
Support for Underserved Communities Through the
Federal Government) [5 U.S.C. 601 note], which directs
action with the goal of making Government contracting and procurement opportunities available on an
equal basis; and Executive Order 14017 of February 24,
2021 (America’s Supply Chains) [86 F.R. 11849], which establishes the policy to strengthen the resilience of
America’s supply chains to fight climate change, create
well-paying jobs, and secure our economic prosperity
and national security.
SEC. 601. Limitations. (a) This order applies to an agency’s activities, personnel, resources, and facilities located within the United States. The head of an agency
may apply this order, in whole or in part, to the activities, personnel, resources, and facilities of the agency
located outside the United States if the head of the
agency determines that such application is in the interest of the United States.
(b) To the extent the head of an agency does not
apply this order to activities, personnel, resources, and
facilities outside of the United States, the head of the
agency shall manage, to the extent practicable, such
activities, personnel, resources, and facilities in a manner consistent with the policy set forth in section 101
of this order.
SEC. 602. Exemption Authority. (a) The head of an agency may exempt particular agency activities and related
personnel, resources, and facilities from the provisions
of this order when it is in the interest of national security, to protect intelligence sources and methods from
unauthorized disclosure, or where necessary to protect
undercover law enforcement operations from unauthorized disclosure. If the head of an agency issues an exemption under this section, the agency shall notify the
Chair of CEQ in writing within 30 days of issuance of
the exemption under this section. 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.
(b) The head of an agency may exempt from the provisions of this order any vehicle, vessel, aircraft, or
non-road equipment that is used in combat support,

Page 5886

combat service support, military tactical or relief operations, or training for such operations or spaceflight
vehicles, including associated ground-support equipment.
(c) The head of an agency may submit to the President, through the Chair of CEQ, a request for an exemption of an agency activity and related personnel, resources, and facilities from this order for any reason
not otherwise addressed by subsections (a) and (b) of
this section.
SEC. 603. Definitions. As used in this order:
(a) ‘‘24/7 carbon pollution-free electricity’’ means carbon pollution-free electricity procured to match actual
electricity consumption on an hourly basis and produced within the same regional grid where the energy
is consumed;
(b) ‘‘Agency’’ means an executive agency as defined
in section 105 of title 5, United States Code, excluding
the Government Accountability Office and independent
regulatory agencies, as defined in 44 U.S.C. 3502(5);
(c) ‘‘Buy clean’’ means a policy to promote purchase
of construction materials with lower embodied emissions, taking into account the life-cycle emissions associated with the production of those materials;
(d) ‘‘Carbon pollution-free electricity’’ means electrical energy produced from resources that generate no
carbon emissions, including marine energy, solar, wind,
hydrokinetic (including tidal, wave, current, and thermal), geothermal, hydroelectric, nuclear, renewably
sourced hydrogen, and electrical energy generation
from fossil resources to the extent there is active capture and storage of carbon dioxide emissions that
meets EPA requirements;
(e) ‘‘Embodied emissions’’ means the quantity of
emissions, accounting for all stages of production including upstream processing and extraction of fuels and
feedstocks, emitted to the atmosphere due to the production of a product per unit of such product;
(f) ‘‘Federal Leaders working group’’ means a working group, composed of Deputy Secretaries or equivalents, that provides recommendations to the Federal
Chief Sustainability Officer and National Climate Task
Force on implementation and reports on actions and
progress toward the goals of this order;
(g) ‘‘National Climate Task Force’’ means the National Climate Task Force established pursuant to section 203 of Executive Order 14008;
(h) ‘‘Principal agencies’’ means the Departments of
State, the Treasury, Defense (including the United
States Army Corps of Engineers), Justice, the Interior,
Agriculture, Commerce, Labor, Health and Human
Services, Housing and Urban Development, Transportation, Energy, Education, Veterans Affairs, and Homeland Security; the Environmental Protection Agency;
the Small Business Administration; the Social Security Administration; the National Aeronautics and
Space Administration; the Office of Personnel Management; the General Services Administration; and the
National Archives and Records Administration.
SEC. 604. Revocation. Executive Order 13834 of May 17,
2018 (Efficient Federal Operations) [formerly set out
above], is revoked.
SEC. 605. Determination. Pursuant to section 742(b) of
Public Law 111–117 [set out above], I have determined
that this order will achieve equal or better environmental or energy efficiency results than Executive
Order 13423 of January 24, 2007 (Strengthening Federal
Environmental, Energy, and Transportation Management) [formerly set out above].
SEC. 606. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department, agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create
any right or benefit, substantive or procedural, enforce-

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

able 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.
J.R. BIDEN, JR.

SUBCHAPTER I—POLICIES AND GOALS
§ 4331. Congressional declaration of national environmental policy
(a) The Congress, recognizing the profound impact of man’s activity on the interrelations of
all components of the natural environment, particularly the profound influences of population
growth, high-density urbanization, industrial
expansion, resource exploitation, and new and
expanding technological advances and recognizing further the critical importance of restoring and maintaining environmental quality to
the overall welfare and development of man, declares that it is the continuing policy of the
Federal Government, in cooperation with State
and local governments, and other concerned
public and private organizations, to use all practicable means and measures, including financial
and technical assistance, in a manner calculated
to foster and promote the general welfare, to
create and maintain conditions under which
man and nature can exist in productive harmony, and fulfill the social, economic, and other
requirements of present and future generations
of Americans.
(b) In order to carry out the policy set forth in
this chapter, it is the continuing responsibility
of the Federal Government to use all practicable
means, consistent with other essential considerations of national policy, to improve and coordinate Federal plans, functions, programs, and resources to the end that the Nation may—
(1) fulfill the responsibilities of each generation as trustee of the environment for succeeding generations;
(2) assure for all Americans safe, healthful,
productive, and esthetically and culturally
pleasing surroundings;
(3) attain the widest range of beneficial uses
of the environment without degradation, risk
to health or safety, or other undesirable and
unintended consequences;
(4) preserve important historic, cultural, and
natural aspects of our national heritage, and
maintain, wherever possible, an environment
which supports diversity and variety of individual choice;
(5) achieve a balance between population and
resource use which will permit high standards
of living and a wide sharing of life’s amenities;
and
(6) enhance the quality of renewable resources and approach the maximum attainable
recycling of depletable resources.
(c) The Congress recognizes that each person
should enjoy a healthful environment and that
each person has a responsibility to contribute to
the preservation and enhancement of the environment.
(Pub. L. 91–190, title I, § 101, Jan. 1, 1970, 83 Stat.
852.)

§ 4332

Statutory Notes and Related Subsidiaries
COMMISSION ON POPULATION GROWTH AND THE
AMERICAN FUTURE
Pub. L. 91–213, §§ 1–9, Mar. 16, 1970, 84 Stat. 67–69, established the Commission on Population Growth and
the American Future to conduct and sponsor such studies and research and make such recommendations as
might be necessary to provide information and education to all levels of government in the United States,
and to our people regarding a broad range of problems
associated with population growth and their implications for America’s future; prescribed the composition
of the Commission; provided for the appointment of its
members, and the designation of a Chairman and Vice
Chairman; required a majority of the members of the
Commission to constitute a quorum, but allowed a lesser number to conduct hearings; prescribed the compensation of members of the Commission; required the
Commission to conduct an inquiry into certain prescribed aspects of population growth in the United
States and its foreseeable social consequences; provided
for the appointment of an Executive Director and other
personnel and prescribed their compensation; authorized the Commission to enter into contracts with public agencies, private firms, institutions, and individuals
for the conduct of research and surveys, the preparation of reports, and other activities necessary to the
discharge of its duties, and to request from any Federal
department or agency any information and assistance
it deems necessary to carry out its functions; required
the General Services Administration to provide administrative services for the Commission on a reimbursable basis; required the Commission to submit an interim report to the President and the Congress one
year after it was established and to submit its final report two years after Mar. 16, 1970; terminated the Commission sixty days after the date of the submission of
its final report; and authorized to be appropriated, out
of any money in the Treasury not otherwise appropriated, such amounts as might be necessary to carry
out the provisions of Pub. L. 91–213.
Executive Documents
EXECUTIVE ORDER NO. 11507
Ex. Ord. No. 11507, eff. Feb. 4, 1970, 35 F.R. 2573, which
related to prevention, control, and abatement of air
and water pollution at federal facilities was superseded
by Ex. Ord. No. 11752, eff. Dec. 17, 1973, 38 F.R. 34793, formerly set out below.
EXECUTIVE ORDER NO. 11752
Ex. Ord. No. 11752, Dec. 17, 1973, 38 F.R. 34793, which
related to the prevention, control, and abatement of
environmental pollution at Federal facilities, was revoked by Ex. Ord. No. 12088, Oct. 13, 1978, 43 F.R. 47707,
set out as a note under section 4321 of this title.

§ 4332. Cooperation of agencies; reports; availability of information; recommendations;
international and national coordination of
efforts
The Congress authorizes and directs that, to
the fullest extent possible: (1) the policies, regulations, and public laws of the United States
shall be interpreted and administered in accordance with the policies set forth in this chapter,
and (2) all agencies of the Federal Government
shall—
(A) utilize a systematic, interdisciplinary
approach which will insure the integrated use
of the natural and social sciences and the environmental design arts in planning and in decisionmaking which may have an impact on
man’s environment;