
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-398 Section 1[317]]
[CITE: 42USC4321]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 55--NATIONAL ENVIRONMENTAL POLICY
 
Sec. 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, Sec. 2, Jan. 1, 1970, 83 Stat. 852.)


                               Short Title

    Section 1 Pub. L. 91-190 provided: ``That this Act [enacting this 
chapter] may be cited as the `National Environmental Policy Act of 
1969'.''

                          Transfer of Functions

    Enforcement functions of Secretary or other official in Department 
of the Interior related to compliance with system activities requiring 
coordination and approval under this chapter, and enforcement functions 
of Secretary or other official in Department of Agriculture, insofar as 
they involve lands and programs under jurisdiction of that Department, 
related to compliance with this chapter with respect to pre-
construction, construction, and initial operation of transportation 
system for Canadian and Alaskan natural gas transferred to Federal 
Inspector, Office of Federal Inspector for Alaska Natural Gas 
Transportation System, until first anniversary of date of initial 
operation of Alaska Natural Gas Transportation System, see Reorg. Plan 
No. 1 of 1979, Secs. 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.

                    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.


                          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 position as defined in 3132(A) of title 5 U.S.C. and 
the head of such office shall report directly, without intervening 
review or approval, to the Assistant Administrator for Enforcement.
``SEC. 203. CIVIL INVESTIGATORS.
    ``The Administrator, as soon as practicable following the date of 
the enactment of this Act [Nov. 16, 1990], but no later than September 
30, 1991, shall increase by fifty the number of civil investigators 
assigned to assist the Office of Enforcement in developing and 
prosecuting civil and administrative actions and carrying out its other 
functions.
``SEC. 204. NATIONAL TRAINING INSTITUTE.
    ``The Administrator shall, as soon as practicable but no later than 
September 30, 1991 establish within the Office of Enforcement the 
National Enforcement Training Institute. It shall be the function of the 
Institute, among others, to train Federal, State, and local lawyers, 
inspectors, civil and criminal investigators, and technical experts in 
the enforcement of the Nation's environmental laws.
``SEC. 205. AUTHORIZATION.
    ``For the purposes of carrying out the provisions of this Act 
[probably should be ``this title''], there is authorized to be 
appropriated to the Environmental Protection Agency $13,000,000 for 
fiscal year 1991, $18,000,000 for fiscal year 1992, $20,000,000 for 
fiscal year 1993, $26,000,000 for fiscal year 1994, and $33,000,000 for 
fiscal year 1995.''


                    REORGANIZATION PLAN NO. 3 OF 1970

Eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. 2086, as amended Pub. 
  L. 98-80, Sec. 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, Sec. 2(a)(2), (b)(2), (c)(2)(C), Aug. 23, 1983, 97 Stat. 
485, 486.]


          Sec. 2. Transfers to Environmental Protection Agency

    (a) There are hereby transferred to the Administrator:
    (1) All functions vested by law in the Secretary of the Interior and 
the Department of the Interior which are administered through the 
Federal Water Quality Administration, all functions which were 
transferred to the Secretary of the Interior by Reorganization Plan No. 
2 of 1966 (80 Stat. 1608), and all functions vested in the Secretary of 
the Interior or the Department of the Interior by the Federal Water 
Pollution Control Act or by provisions of law amendatory or 
supplementary thereof [see 33 U.S.C. 1251 et seq.].
    (2)(i) The functions vested in the Secretary of the Interior by the 
Act of August 1, 1958, 72 Stat. 479, 16 U.S.C. 742d-1 (being an Act 
relating to studies on the effects of insecticides, herbicides, 
fungicides, and pesticides upon the fish and wildlife resources of the 
United States), and (ii) the functions vested by law in the Secretary of 
the Interior and the Department of the Interior which are administered 
by the Gulf Breeze Biological Laboratory of the Bureau of Commercial 
Fisheries at Gulf Breeze, Florida.
    (3) The functions vested by law in the Secretary of Health, 
Education, and Welfare or in the Department of Health, Education, and 
Welfare which are administered through the Environmental Health Service, 
including the functions exercised by the following components thereof:
    (i) The National Air Pollution Control Administration,
    (ii) The Environmental Control Administration:
    (A) Bureau of Solid Waste Management,
    (B) Bureau of Water Hygiene,
    (C) Bureau of Radiological Health,

except that functions carried out by the following components of the 
Environmental Control Administration of the Environmental Health Service 
are not transferred: (i) Bureau of Community Environmental Management, 
(ii) Bureau of Occupational Safety and Health, and (iii) Bureau of 
Radiological Health, insofar as the functions carried out by the latter 
Bureau pertain to (A) regulation of radiation from consumer products, 
including electronic product radiation, (B) radiation as used in the 
healing arts, (C) occupational exposures to radiation, and (D) research, 
technical assistance, and training related to clauses (A), (B), and (C).
    (4) The functions vested in the Secretary of Health, Education, and 
Welfare of establishing tolerances for pesticide chemicals under the 
Federal Food, Drug, and Cosmetic Act, as amended, 21 U.S.C. 346, 346a, 
and 348, together with authority, in connection with the functions 
transferred, (i) to monitor compliance with the tolerances and the 
effectiveness of surveillance and enforcement, and (ii) to provide 
technical assistance to the States and conduct research under the 
Federal Food, Drug, and Cosmetic Act, as amended [21 U.S.C. 301 et 
seq.], and the Public Health Service Act, as amended [42 U.S.C. 201 et 
seq.].
    (5) So much of the functions of the Council on Environmental Quality 
under section 204(5) of the National Environmental Policy Act of 1969 
(Public Law 91-190, approved January 1, 1970, 83 Stat. 855) [42 U.S.C. 
4344(5)], as pertains to ecological systems.
    (6) The functions of the Atomic Energy Commission under the Atomic 
Energy Act of 1954, as amended [42 U.S.C. 2011 et seq.], administered 
through its Division of Radiation Protection Standards, to the extent 
that such functions of the Commission consist of establishing generally 
applicable environmental standards for the protection of the general 
environment from radioactive material. As used herein, standards mean 
limits on radiation exposures or levels, or concentrations or quantities 
of radioactive material, in the general environment outside the 
boundaries of locations under the control of persons possessing or using 
radio-active material.
    (7) All functions of the Federal Radiation Council (42 U.S.C. 
2021(h)).
    (8)(i) The functions of the Secretary of Agriculture and the 
Department of Agriculture under the Federal Insecticide, Fungicide, and 
Rodenticide Act, as amended (7 U.S.C. 135-135k) [7 U.S.C. 136 et seq.], 
(ii) the functions of the Secretary of Agriculture and the Department of 
Agriculture under section 408(l) of the Federal Food, Drug, and Cosmetic 
Act, as amended (21 U.S.C. 346a(l)), and (iii) the functions vested by 
law in the Secretary of Agriculture and the Department of Agriculture 
which are administered through the Environmental Quality Branch of the 
Plant Protection Division of the Agricultural Research Service.
    (9) So much of the functions of the transferor officers and agencies 
referred to in or affected by the foregoing provisions of this section 
as is incidental to or necessary for the performance by or under the 
Administrator of the functions transferred by those provisions or 
relates primarily to those functions. The transfers to the Administrator 
made by this section shall be deemed to include the transfer of (1) 
authority, provided by law, to prescribe regulations relating primarily 
to the transferred functions, and (2) the functions vested in the 
Secretary of the Interior and the Secretary of Health, Education, and 
Welfare by section 169(d)(1)(B) and (3) of the Internal Revenue Code of 
1954 (as enacted by section 704 of the Tax Reform Act of 1969, 83 Stat. 
668); but shall be deemed to exclude the transfer of the functions of 
the Bureau of Reclamation under section 3(b)(1) of the Water Pollution 
Control Act (33 U.S.C. [former] 466a(b)(1)).
    (b) There are hereby transferred to the Agency:
    (1) From the Department of the Interior, (i) the Water Pollution 
Control Advisory Board (33 U.S.C. [former] 466f) [see 33 U.S.C. 1363], 
together with its functions, and (ii) the hearing boards provided for in 
sections 10(c)(4) and 10(f) of the Federal Water Pollution Control Act, 
as amended (33 U.S.C. [former] 466g(c)(4); 466g(f)). The functions of 
the Secretary of the Interior with respect to being or designating the 
Chairman of the Water Pollution Control Advisory Board are hereby 
transferred to the Administrator.
    (2) From the Department of Health, Education, and Welfare, the Air 
Quality Advisory Board (42 U.S.C. 1857e) [42 U.S.C. 7417], together with 
its functions. The functions of the Secretary of Health, Education, and 
Welfare with respect to being a member and the Chairman of that Board 
are hereby transferred to the Administrator.


              Sec. 3. Performance of Transferred Functions

    The Administrator may from time to time make such provisions as he 
shall deem appropriate authorizing the performance of any of the 
functions transferred to him by the provisions of this reorganization 
plan by any other officer, or by any organizational entity or employee, 
of the Agency.


                      Sec. 4. Incidental Transfers

    (a) So much of the personnel, property, records, and unexpended 
balances of appropriations, allocations, and other funds employed, used, 
held, available or to be made available in connection with the functions 
transferred to the Administrator or the Agency by this reorganization 
plan as the Director of the Office of Management and Budget shall 
determine shall be transferred to the Agency at such time or times as 
the Director shall direct.
    (b) Such further measures and dispositions as the Director of Office 
of Management and Budget shall deem to be necessary in order to 
effectuate the transfers referred to in subsection (a) of this section 
shall be carried out in such manner as he shall direct and by such 
agencies as he shall designate.


                        Sec. 5. Interim Officers

    (a) The President may authorize any person who immediately prior to 
the effective date of this reorganization plan held a position in the 
executive branch of the Government to act as Administrator until the 
office of Administrator is for the first time filled pursuant to the 
provisions of this reorganization plan or by recess appointment, as the 
case may be.
    (b) The President may similarly authorize any such person to act as 
Deputy Administrator, authorize any such person to act as Assistant 
Administrator, and authorize any such person to act as the head of any 
principal constituent organizational entity of the Administration.
    (c) The President may authorize any person who serves in an acting 
capacity under the foregoing provisions of this section to receive the 
compensation attached to the office in respect of which he so serves. 
Such compensation, if authorized, shall be in lieu of, but not in 
addition to, other compensation from the United States to which such 
person may be entitled.


                           Sec. 6. Abolitions

    (a) Subject to the provisions of this reorganization plan, the 
following, exclusive of any functions, are hereby abolished:
    (1) The Federal Water Quality Administration in the Department of 
the Interior (33 U.S.C. [former] 466-1).
    (2) The Federal Radiation Council (73 Stat. 690; 42 U.S.C. 2021(h)).
    (b) Such provisions as may be necessary with respect to terminating 
any outstanding affairs shall be made by the Secretary of the Interior 
in the case of the Federal Water Quality Administration and by the 
Administrator of General Services in the case of the Federal Radiation 
Council.


                         Sec. 7. Effective Date

    The provisions of this reorganization plan shall take effect sixty 
days after the date they would take effect under 5 U.S.C. 906(a) in the 
absence of this section.


                        Message of the President

To the Congress of the United States:
    I transmit herewith Reorganization Plan No. 3 of 1970, prepared in 
accordance with chapter 9 of title 5 of the United States Code and 
providing for an Environmental Protection Agency. My reasons for 
transmitting this plan are stated in a more extended accompanying 
message.
    After investigation, I have found and hereby declare that each 
reorganization included in Reorganization Plan No. 3 of 1970 is 
necessary to accomplish one or more of the purposes set forth in section 
901(a) of title 5 of the United States Code. In particular, the plan is 
responsive to section 901(a)(1), ``to promote the better execution of 
the laws, the more effective management of the executive branch and of 
its agencies and functions, and the expeditious administration of the 
public business;'' and section 901(a)(3), ``to increase the efficiency 
of the operations of the Government to the fullest extent practicable.''
    The reorganizations provided for in the plan make necessary the 
appointment and compensation of new officers as specified in section 1 
of the plan. The rates of compensation fixed for these officers are 
comparable to those fixed for other officers in the executive branch who 
have similar responsibilities.
    Section 907 of title 5 of the United States Code will operate to 
preserve administrative proceedings, including any public hearing 
proceedings, related to the transferred functions, which are pending 
immediately prior to the taking effect of the reorganization plan.
    The reorganization plan should result in more efficient operation of 
the Government. It is not practical, however, to itemize or aggregate 
the exact expenditure reductions which will result from this action.
                                                          Richard Nixon.
    The White House, July 9, 1970.


                        Message of the President

To the Congress of the United States:
    As concern with the condition of our physical environment has 
intensified, it has become increasingly clear that we need to know more 
about the total environment--land, water and air. It also has become 
increasingly clear that only by reorganizing our Federal efforts can we 
develop that knowledge, and effectively ensure the protection, 
development and enhancement of the total environment itself.
    The Government's environmentally-related activities have grown up 
piecemeal over the years. The time has come to organize them rationally 
and systematically. As a major step in this direction, I am transmitting 
today two reorganization plans: one to establish an Environmental 
Protection Agency, and one to establish, within the Department of 
Commerce, a National Oceanic and Atmospheric Administration.


                  ENVIRONMENTAL PROTECTION AGENCY (EPA)

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


                          components of the epa

    Under the terms of Reorganization Plan No. 3, the following would be 
moved to the new Environmental Protection Agency:
    --The functions carried out by the Federal Water Quality 
        Administration (from the Department of the Interior).
    --Functions with respect to pesticides studies now vested in the 
        Department of the Interior.
    --The functions carried out by the National Air Pollution Control 
        Administration (from the Department of Health, Education, and 
        Welfare).
    --The functions carried out by the Bureau of Solid Waste Management 
        and the Bureau of Water Hygiene, and portions of the functions 
        carried out by the Bureau of Radiological Health of the 
        Environmental Control Administration (from the Department of 
        Health, Education, and Welfare).
    --Certain functions with respect to pesticides carried out by the 
        Food and Drug Administration (from the Department of Health, 
        Education, and Welfare).
    --Authority to perform studies relating to ecological systems now 
        vested in the Council on Environmental Quality.
    --Certain functions respecting radiation criteria and standards now 
        vested in the Atomic Energy Commission and the Federal Radiation 
        Council.
    --Functions respecting pesticides registration and related 
        activities now carried out by the Agricultural Research Service 
        (from the Department of Agriculture).
    With its broad mandate, EPA would also develop competence in areas 
of environmental protection that have not previously been given enough 
attention, such, for example, as the problem of noise, and it would 
provide an organization to which new programs in these areas could be 
added.
    In brief, these are the principal functions to be transferred:
    Federal Water Quality Administration.--Charged with the control of 
pollutants which impair water quality, it is broadly concerned with the 
impact of degraded water quality. It performs a wide variety of 
functions, including research, standard-setting and enforcement, and 
provides construction grants and technical assistance.
    Certain pesticides research authority from the Department of the 
Interior.--Authority for research on the effects of pesticides on fish 
and wildlife would be provided to the EPA through transfer of the 
specialized research authority of the pesticides act enacted in 1958. 
Interior would retain its responsibility to do research on all factors 
affecting fish and wildlife. Under this provision, only one laboratory 
would be transferred to the EPA--the Gulf Breeze Biological Laboratory 
of the Bureau of Commercial Fisheries. The EPA would work closely with 
the fish and wildlife laboratories remaining with the Bureau of Sport 
Fisheries and Wildlife.
    National Air Pollution Control Administration.--As the principal 
Federal agency concerned with air pollution, it conducts research on the 
effects of air pollution, operates a monitoring network, and promulgates 
criteria which serve as the basis for setting air quality standards. Its 
regulatory functions are similar to those of the Federal Water Quality 
Administration. NAPCA is responsible for administering the Clean Air 
Act, which involves designating air quality regions, approving State 
standards and providing financial and technical assistance to State 
Control agencies to enable them to comply with the Act's provisions. It 
also sets and enforces Federal automotive emission standards.
    Elements of the Environmental Control Administration.--ECA is the 
focal point within HEW for evaluation and control of a broad range of 
environmental health problems, including water quality, solid wastes, 
and radiation. Programs in the ECA involve research, development of 
criteria and standards, and the administration of planning and 
demonstration grants. From the ECA, the activities of the Bureaus of 
Water Hygiene and Solid Waste Management and portions of the activities 
of the Bureau of Radiological Health would be transferred. Other 
functions of the ECA including those related to the regulation of 
radiation from consumer products and occupational safety and health 
would remain in HEW.
    Pesticides research and standard-setting programs of the Food and 
Drug Administration.--FDA's pesticides program consists of setting and 
enforcing standards which limit pesticide residues in food. EPA would 
have the authority to set pesticide standards and to monitor compliance 
with them, as well as to conduct related research. However, as an 
integral part of its food protection activities, FDA would retain its 
authority to remove from the market food with excess pesticide residues.
    General ecological research from the Council on Environmental 
Quality.--This authority to perform studies and research relating to 
ecological systems would be in addition to EPA's other specific research 
authorities, and it would help EPA to measure the impact of pollutants. 
The Council on Environmental Quality would retain its authority to 
conduct studies and research relating to environmental quality.
    Environmental radiation standards programs.--The Atomic Energy 
Commission is now responsible for establishing environmental radiation 
standards and emission limits for radioactivity. Those standards have 
been based largely on broad guidelines recommended by the Federal 
Radiation Council. The Atomic Energy Commission's authority to set 
standards for the protection of the general environment from radioactive 
material would be transferred to the Environmental Protection Agency. 
The functions of the Federal Radiation Council would also be 
transferred. AEC would retain responsibility for the implementation and 
enforcement of radiation standards through its licensing authority.
    Pesticides registration program of the Agricultural Research 
Service.--The Department of Agriculture is currently responsible for 
several distinct functions related to pesticides use. It conducts 
research on the efficacy of various pesticides as related to other pest 
control methods and on the effects of pesticides on non-target plants, 
livestock, and poultry. It registers pesticides, monitors their 
persistence and carries out an educational program on pesticide use 
through the extension service. It conducts extensive pest control 
programs which utilize pesticides.
    By transferring the Department of Agriculture's pesticides 
registration and monitoring function to the EPA and merging it with the 
pesticides programs being transferred from HEW and Interior, the new 
agency would be given a broad capability for control over the 
introduction of pesticides into the environment.
    The Department of Agriculture would continue to conduct research on 
the effectiveness of pesticides. The Department would furnish this 
information to the EPA, which would have the responsibility for actually 
licensing pesticides for use after considering environmental and health 
effects. Thus the new agency would be able to make use of the expertise 
of the Department.


                      advantages of reorganization

    This reorganization would permit response to environmental problems 
in a manner beyond the previous capability of our pollution control 
programs. The EPA would have the capacity to do research on important 
pollutants irrespective of the media in which they appear, and on the 
impact of these pollutants on the total environment. Both by itself and 
together with other agencies, the EPA would monitor the condition of the 
environment--biological as well as physical. With these data, the EPA 
would be able to establish quantitative ``environmental baselines''--
critical if we are to measure adequately the success or failure of our 
pollution abatement efforts.
    As no disjointed array of separate programs can, the EPA would be 
able--in concert with the States--to set and enforce standards for air 
and water quality and for individual pollutants. This consolidation of 
pollution control authorities would help assure that we do not create 
new environmental problems in the process of controlling existing ones. 
Industries seeking to minimize the adverse impact of their activities on 
the environment would be assured of consistent standards covering the 
full range of their waste disposal problems. As the States develop and 
expand their own pollution control programs, they would be able to look 
to one agency to support their efforts with financial and technical 
assistance and training.
    In proposing that the Environmental Protection Agency be set up as a 
separate new agency, I am making an exception to one of my own 
principles: that, as a matter of effective and orderly administration, 
additional new independent agencies normally should not be created. In 
this case, however, the arguments against placing environmental 
protection activities under the jurisdiction of one or another of the 
existing departments and agencies are compelling.
    In the first place, almost every part of government is concerned 
with the environment in some way, and affects it in some way. Yet each 
department also has its own primary mission--such as resource 
development, transportation, health, defense, urban growth or 
agriculture--which necessarily affects its own view of environmental 
questions.
    In the second place, if the critical standard-setting functions were 
centralized within any one existing department, it would require that 
department constantly to make decisions affecting other departments--in 
which, whether fairly or unfairly, its own objectivity as an impartial 
arbiter could be called into question.
    Because environmental protection cuts across so many jurisdictions, 
and because arresting environmental deterioration is of great importance 
to the quality of life in our country and the world, I believe that in 
this case a strong, independent agency is needed. That agency would, of 
course, work closely with and draw upon the expertise and assistance of 
other agencies having experience in the environmental area.


                       roles and functions of epa

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


             NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

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


                           components of noaa

    Under terms of Reorganization Plan No. 4, the programs of the 
following organizations would be moved into NOAA:
    --The Environmental Science Services Administration (from within the 
        Department of Commerce).
    --Elements of the Bureau of Commercial Fisheries (from the 
        Department of the Interior).
    --The marine sport fish program of the Bureau of Sport Fisheries and 
        Wildlife (from the Department of the Interior).
    --The Marine Minerals Technology Center of the Bureau of Mines (from 
        the Department of the Interior).
    --The Office of Sea Grant Programs (from the National Science 
        Foundation).
    --Elements of the United States Lake Survey (from the Department of 
        the Army).
    In addition, by executive action, the programs of the following 
organizations would be transferred to NOAA:
    --The National Oceanographic Data Center (from the Department of the 
        Navy).
    --The National Oceanographic Instrumentation Center (from the 
        Department of the Navy).
    --The National Data Buoy Project (from the Department of 
        Transportation).
    In brief, these are the principal functions of the programs and 
agencies to be combined:


            THE ENVIRONMENTAL SCIENCE SERVICES ADMINISTRATION

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


                              role of noaa

    Drawing these activities together into a single agency would make 
possible a balanced Federal program to improve our understanding of the 
resources of the sea, and permit their development and use while 
guarding against the sort of thoughtless exploitation that in the past 
laid waste to so many of our precious natural assets. It would make 
possible a consolidated program for achieving a more comprehensive 
understanding of oceanic and atmospheric phenomena, which so greatly 
affect our lives and activities. It would facilitate the cooperation 
between public and private interests that can best serve the interests 
of all.
    I expect that NOAA would exercise leadership in developing a 
national oceanic and atmospheric program of research and development. It 
would coordinate its own scientific and technical resources with the 
technical and operational capabilities of other government agencies and 
private institutions. As important, NOAA would continue to provide those 
services to other agencies of government, industry and private 
individuals which have become essential to the efficient operation of 
our transportation systems, our agriculture and our national security. I 
expect it to maintain continuing and close liaison with the new 
Environmental Protection Agency and the Council on Environmental Quality 
as part of an effort to ensure that environmental questions are dealt 
with in their totality and they benefit from the full range of the 
government's technical and human resources.
    Authorities who have studied this matter, including the Commission 
on Marine Science, Engineering and Resources, strongly recommended the 
creation of a National Advisory Committee for the Oceans. I agree. 
Consequently, I will request, upon approval of the plan, that the 
Secretary of Commerce establish a National Advisory Committee for the 
Oceans and the Atmosphere to advise him on the progress of governmental 
and private programs in achieving the nation's oceanic and atmospheric 
objectives.


                           AN ON-GOING PROCESS

    The reorganizations which I am here proposing afford both the 
Congress and the Executive Branch an opportunity to re-evaluate the 
adequacy of existing program authorities involved in these 
consolidations. As these two new organizations come into being, we may 
well find that supplementary legislation to perfect their authorities 
will be necessary. I look forward to working with the Congress in this 
task.
    In formulating these reorganization plans, I have been greatly aided 
by the work of the President's Advisory Council on Executive 
Organization (the Ash Council), the Commission on Marine Science, 
Engineering and Resources (the Stratton Commission, appointed by 
President Johnson), my special task force on oceanography headed by Dr. 
James Wakelin, and by the information developed during both House and 
Senate hearings on proposed NOAA legislation.
    Many of those who have advised me have proposed additional 
reorganizations, and it may well be that in the future I shall recommend 
further changes. For the present, however, I think the two 
reorganizations transmitted today represent a sound and significant 
beginning. I also think that in practical terms, in this sensitive and 
rapidly developing area, it is better to proceed a step at a time--and 
thus to be sure that we are not caught up in a form of organizational 
indigestion from trying to rearrange too much at once. As we see how 
these changes work out, we will gain a better understanding of what 
further changes--in addition to these--might be desirable.
    Ultimately, our objective should be to insure that the nation's 
environmental and resource protection activities are so organized as to 
maximize both the effective coordination of all and the effective 
functioning of each.
    The Congress, the Administration and the public all share a profound 
commitment to the rescue of our natural environment, and the 
preservation of the Earth as a place both habitable by and hospitable to 
man. With its acceptance of these reorganization plans, the Congress 
will help us fulfill that commitment.
                                                          Richard Nixon.
    The White House, July 9, 1970.

 Ex. Ord. No. 11472. Cabinet Committee on the Environment and Citizens' 
               Advisory Committee on Environmental Quality

    Ex. Ord. No. 11472, May 29, 1969, 34 F.R. 8693, as amended by Ex. 
Ord. No. 11514, Mar. 5, 1970, 35 F.R. 4247; Ex. Ord. No. 12007, Aug. 22, 
1977, 42 F.R. 42839, provided:
    By virtue of the authority vested in me as President of the United 
States, it is ordered as follows:

              Part I--Cabinet Committee on the Environment

    Section 101. Establishment of the Cabinet Committee. (a) There is 
hereby established the Cabinet Committee on the Environment (hereinafter 
referred to as ``the Cabinet Committee'').
    (b) The President of the United States shall preside over meetings 
of the Cabinet Committee. The Vice President shall preside in the 
absence of the President.
    (c) The Cabinet Committee shall be composed of the following 
members:
        The Vice President of the United States
        Secretary of Agriculture
        Secretary of Commerce
        Secretary of Health, Education, and Welfare
        Secretary of Housing and Urban Development
        Secretary of the Interior
        Secretary of Transportation
and such other heads of departments and agencies and others as the 
President may from time to time direct.
    (d) Each member of the Cabinet Committee may designate an alternate, 
who shall serve as a member of the Cabinet Committee whenever the 
regular member is unable to attend any meeting of the Cabinet Committee.
    (e) When matters which affect the interest of Federal agencies the 
heads of which are not members of the Cabinet Committee are to be 
considered by the Cabinet Committee, the President or his representative 
may invite such agency heads or their alternates to participate in the 
deliberations of the Cabinet Committee.
    (f) The Director of the Bureau of the Budget [now the Director of 
the Office of Management and Budget], the Director of the Office of 
Science and Technology, the Chairman of the Council of Economic 
Advisers, and the Executive Secretary of the Council for Urban Affairs 
or their representatives may participate in the deliberations of the 
Cabinet Committee on the Environment as observers.
    (g) The Chairman of the Council on Environmental Quality 
(established by Public Law 91-190) [this chapter] shall assist the 
President in directing the affairs of the Cabinet Committee.
    Sec. 102. Functions of the Cabinet Committee. (a) The Cabinet 
Committee shall advise and assist the President with respect to 
environmental quality matters and shall perform such other related 
duties as the President may from time to time prescribe. In addition 
thereto, the Cabinet Committee is directed to:
    (1) Recommend measures to ensure that Federal policies and programs, 
including those for development and conservation of natural resources, 
take adequate account of environmental effects.
    (2) Review the adequacy of existing systems for monitoring and 
predicting environmental changes so as to achieve effective coverage and 
efficient use of facilities and other resources.
    (3) Foster cooperation between the Federal Government, State and 
local governments, and private organizations in environmental programs.
    (4) Seek advancement of scientific knowledge of changes in the 
environment and encourage the development of technology to prevent or 
minimize adverse effects that endanger man's health and well-being.
    (5) Stimulate public and private participation in programs and 
activities to protect against pollution of the Nation's air, water, and 
land and its living resources.
    (6) Encourage timely public disclosure by all levels of government 
and by private parties of plans that would affect the quality of 
environment.
    (7) Assure assessment of new and changing technologies for their 
potential effects on the environment.
    (8) Facilitate coordination among departments and agencies of the 
Federal Government in protecting and improving the environment.
    (b) The Cabinet Committee shall review plans and actions of Federal 
agencies affecting outdoor recreation and natural beauty. The Cabinet 
Committee may conduct studies and make recommendations to the President 
on matters of policy in the fields of outdoor recreation and natural 
beauty. In carrying out the foregoing provisions of this subsection, the 
Cabinet Committee shall, as far as may be practical, advise Federal 
agencies with respect to the effect of their respective plans and 
programs on recreation and natural beauty, and may suggest to such 
agencies ways to accomplish the purposes of this order. For the purposes 
of this order, plans and programs may include, but are not limited to, 
those for or affecting: (1) Development, restoration, and preservation 
of the beauty of the countryside, urban and suburban areas, water 
resources, wild rivers, scenic roads, parkways and highways, (2) the 
protection and appropriate management of scenic or primitive areas, 
natural wonders, historic sites, and recreation areas, (3) the 
management of Federal land and water resources, including fish and 
wildlife, to enhance natural beauty and recreational opportunities 
consistent with other essential uses, (4) cooperation with the States 
and their local subdivisions and private organizations and individuals 
in areas of mutual interest, (5) interstate arrangements, including 
Federal participation where authorized and necessary, and (6) leadership 
in a nationwide recreation and beautification effort.
    Sec. 103. Coordination. The Secretary of the Interior may make 
available to the Cabinet Committee for coordination of outdoor 
recreation the authorities and resources available to him under the Act 
of May 28, 1963, 77 Stat. 49 [16 U.S.C. 460l et seq.], to the extent 
permitted by law, he may make such authorities and resources available 
to the Cabinet Committee also for promoting such coordination of other 
matters assigned to the Cabinet Committee by this order.
    Sec. 104. Assistance for the Cabinet Committee. In compliance with 
provisions of applicable law, and as necessary to serve the purposes of 
this order, (1) the Council on Environmental Quality (established by 
Public Law 91-190) [this chapter] shall provide or arrange for necessary 
administrative and staff services, support, and facilities for the 
Cabinet Committee, and (2) each department and agency which has 
membership on the Cabinet Committee under Section 101(c) hereof shall 
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, 
Sec. 3, 42 F.R. 56101, 91 Stat. 1633, set out in the Appendix to Title 
5, Government Organization and Employees, effective on or before Apr. 1, 
1978, at such time as specified by the President. Section 5D of Reorg. 
Plan No. 1 of 1977 transferred all functions vested in the Domestic 
Council to the President with power to delegate the performance of such 
transferred functions within the Executive Office of the President.

  Termination of Citizens' Advisory Committee on Environmental Quality

    For provisions relating to termination of Citizens' Advisory 
Committee on Environmental Quality see Ex. Ord. No. 12007, Aug. 22, 
1977, 42 F.R. 42839, set out as a note under section 14 of the Federal 
Advisory Committee Act in the Appendix to Title 5, Government 
Organization and Employees.

 Ex. Ord. No. 11514. Protection and Enhancement of Environmental Quality

    Ex. Ord. No. 11514, Mar. 5, 1970, 35 F.R. 4247, as amended by Ex. 
Ord. No. 11991, May 24, 1977, 42 F.R. 26967, provided:
    By virtue of the authority vested in me as President of the United 
States and in furtherance of the purpose and policy of the National 
Environmental Policy Act of 1969 (Public Law No. 91-190, approved 
January 1, 1970) [this chapter], it is ordered as follows:
    Section 1. Policy. The Federal Government shall provide leadership 
in protecting and enhancing the quality of the Nation's environment to 
sustain and enrich human life. Federal agencies shall initiate measures 
needed to direct their policies, plans and programs so as to meet 
national environmental goals. The Council on Environmental Quality, 
through the Chairman, shall advise and assist the President in leading 
this national effort.
    Sec. 2. Responsibilities of Federal agencies. Consonant with Title I 
of the National Environmental Policy Act of 1969 [42 U.S.C. 4331 et 
seq.], hereafter referred to as the ``Act'', the heads of Federal 
agencies shall:
    (a) Monitor, evaluate, and control on a continuing basis their 
agencies' activities so as to protect and enhance the quality of the 
environment. Such activities shall include those directed to controlling 
pollution and enhancing the environment and those designed to accomplish 
other program objectives which may affect the quality of the 
environment. Agencies shall develop programs and measures to protect and 
enhance environmental quality and shall assess progress in meeting the 
specific objectives of such activities. Heads of agencies shall consult 
with appropriate Federal, State and local agencies in carrying out their 
activities as they affect the quality of the environment.
    (b) Develop procedures to ensure the fullest practicable provision 
of timely public information and understanding of Federal plans and 
programs with environmental impact in order to obtain the views of 
interested parties. These procedures shall include, whenever 
appropriate, provision for public hearings, and shall provide the public 
with relevant information, including information on alternative courses 
of action. Federal agencies shall also encourage State and local 
agencies to adopt similar procedures for informing the public concerning 
their activities affecting the quality of the environment.
    (c) Insure that information regarding existing or potential 
environmental problems and control methods developed as part of 
research, development, demonstration, test, or evaluation activities is 
made available to Federal agencies, States, counties, municipalities, 
institutions, and other entities, as appropriate.
    (d) Review their agencies' statutory authority, administrative 
regulations, policies, and procedures, including those relating to 
loans, grants, contracts, leases, licenses, or permits, in order to 
identify any deficiencies or inconsistencies therein which prohibit or 
limit full compliance with the purposes and provisions of the Act. A 
report on this review and the corrective actions taken or planned, 
including such measures to be proposed to the President as may be 
necessary to bring their authority and policies into conformance with 
the intent, purposes, and procedures of the Act, shall be provided to 
the Council on Environmental Quality not later than September 1, 1970.
    (e) Engage in exchange of data and research results, and cooperate 
with agencies of other governments to foster the purposes of the Act.
    (f) Proceed, in coordination with other agencies, with actions 
required by section 102 of the Act [42 U.S.C. 4332].
    (g) In carrying out their responsibilities under the Act and this 
Order, comply with the regulations issued by the Council except where 
such compliance would be inconsistent with statutory requirements.
    Sec. 3. Responsibilities of Council on Environmental Quality. The 
Council on Environmental Quality shall:
    (a) Evaluate existing and proposed policies and activities of the 
Federal Government directed to the control of pollution and the 
enhancement of the environment and to the accomplishment of other 
objectives which affect the quality of the environment. This shall 
include continuing review of procedures employed in the development and 
enforcement of Federal standards affecting environmental quality. Based 
upon such evaluations the Council shall, where appropriate, recommend to 
the President policies and programs to achieve more effective protection 
and enhancement of environmental quality and shall, where appropriate, 
seek resolution of significant environmental issues.
    (b) Recommend to the President and to the agencies priorities among 
programs designed for the control of pollution and for enhancement of 
the environment.
    (c) Determine the need for new policies and programs for dealing 
with environmental problems not being adequately addressed.
    (d) Conduct, as it determines to be appropriate, public hearings or 
conferences on issues of environmental significance.
    (e) Promote the development and use of indices and monitoring 
systems (1) to assess environmental conditions and trends, (2) to 
predict the environmental impact of proposed public and private actions, 
and (3) to determine the effectiveness of programs for protecting and 
enhancing environmental quality.
    (f) Coordinate Federal programs related to environmental quality.
    (g) Advise and assist the President and the agencies in achieving 
international cooperation for dealing with environmental problems, under 
the foreign policy guidance of the Secretary of State.
    (h) Issue regulations to Federal agencies for the implementation of 
the procedural provisions of the Act (42 U.S.C. 4332(2)). Such 
regulations shall be developed after consultation with affected agencies 
and after such public hearings as may be appropriate. They will be 
designed to make the environmental impact statement process more useful 
to decisionmakers and the public; and to reduce paperwork and the 
accumulation of extraneous background data, in order to emphasize the 
need to focus on real environmental issues and alternatives. They will 
require impact statements to be concise, clear, and to the point, and 
supported by evidence that agencies have made the necessary 
environmental analyses. The Council shall include in its regulations 
procedures (1) for the early preparation of environmental impact 
statements, and (2) for the referral to the Council of conflicts between 
agencies concerning the implementation of the National Environmental 
Policy Act of 1969, as amended [this chapter], and Section 309 of the 
Clean Air Act, as amended [42 U.S.C. 7609], for the Council's 
recommendation as to their prompt resolution.
    (i) Issue such other instructions to agencies, and request such 
reports and other information from them, as may be required to carry out 
the Council's responsibilities under the Act.
    (j) Assist the President in preparing the annual Environmental 
Quality Report provided for in section 201 of the Act [42 U.S.C. 4341].
    (k) Foster investigations, studies, surveys, research, and analyses 
relating to (i) ecological systems and environmental quality, (ii) the 
impact of new and changing technologies thereon, and (iii) means of 
preventing or reducing adverse effects from such technologies.
    Sec. 4. Amendments of E.O. 11472. Executive Order No. 11472 of May 
29, 1969, including the heading thereof, is hereby amended:
    (1) By substituting for the term ``the Environmental Quality 
Council'', wherever it occurs, the following: ``the Cabinet Committee on 
the Environment''.
    (2) By substituting for the term ``the Council'', wherever it 
occurs, the following: ``the Cabinet Committee''.
    (3) By inserting in subsection (f) of section 101, after 
``Budget,'', the following: ``the Director of the Office of Science and 
Technology,''.
    (4) By substituting for subsection (g) of section 101 the following:
    ``(g) The Chairman of the Council on Environmental Quality 
(established by Public Law 91-190) [this chapter] shall assist the 
President in directing the affairs of the Cabinet Committee.''
    (5) By deleting subsection (c) of section 102.
    (6) By substituting for ``the Office of Science and Technology'', in 
section 104, the following: ``the Council on Environmental Quality 
(established by Public Law 91-190) [this chapter]''.
    (7) By substituting for ``(hereinafter referred to as the 
`Committee')'', in section 201, the following: ``(hereinafter referred 
to as the `Citizens' Committee')''.
    (8) By substituting for the term ``the Committee'', wherever it 
occurs, the following: ``the Citizens' Committee''.

    Ex. Ord. No. 11523. National Industrial Pollution Control Council

    Ex. Ord. No. 11523, eff. Apr. 9, 1970, 35 F.R. 5993, provided:
    By virtue of the authority vested in me as President of the United 
States, and in furtherance of the purpose and policy of the National 
Environmental Policy Act of 1969 (Public Law 91-190, approved January 1, 
1970) [this chapter], it is ordered as follows:
    Section 1. Establishment of the Council. (a) There is hereby 
established the National Industrial Pollution Control Council 
(hereinafter referred to as ``the Industrial Council'') which shall be 
composed of a Chairman, a Vice-chairman, and other representatives of 
business and industry appointed by the Secretary of Commerce 
(hereinafter referred to as ``the Secretary'').
    (b) The Secretary, with the concurrence of the Chairman, shall 
appoint an Executive Director of the Industrial Council.
    Sec. 2. Functions of the Industrial Council. The Industrial Council 
shall advise the President and the Chairman of the Council on 
Environmental Quality, through the Secretary, on programs of industry 
relating to the quality of the environment. In particular, the 
Industrial Council may--
    (1) Survey and evaluate the plans and actions of industry in the 
field of environmental quality.
    (2) Identify and examine problems of the effects on the environment 
of industrial practices and the needs of industry for improvements in 
the quality of the environment, and recommend solutions to those 
problems.
    (3) Provide liaison among members of the business and industrial 
community on environmental quality matters.
    (4) Encourage the business and industrial community to improve the 
quality of the environment.
    (5) Advise on plans and actions of Federal, State, and local 
agencies involving environmental quality policies affecting industry 
which are referred to it by the Secretary, or by the Chairman of the 
Council on Environmental Quality through the Secretary.
    Sec. 3. Subordinate Committees. The Industrial Council may 
establish, with the concurrence of the Secretary, such subordinate 
committees as it may deem appropriate to assist in the performance of 
its functions. Each subordinate committee shall be headed by a chairman 
appointed by the Chairman of the Industrial Council with the concurrence 
of the Secretary.
    Sec. 4. Assistance for the Industrial Council. In compliance with 
applicable law, and as necessary to serve the purposes of this order, 
the Secretary shall provide or arrange for administrative and staff 
services, support, and facilities for the Industrial Council and any of 
its subordinate committees.
    Sec. 5. Expenses. Members of the Industrial Council or any of its 
subordinate committees shall receive no compensation from the United 
States by reason of their services hereunder, but may be allowed travel 
expenses, including per diem in lieu of subsistence, as authorized by 
law (5 U.S.C. 5703) for persons in the Government service employed 
intermittently.
    Sec. 6. Regulations. The provisions of Executive Order No. 11007 of 
February 26, 1962 (3 CFR 573) [see 5 U.S.C. 901 note] prescribing 
regulations for the formation and use of advisory committees, are hereby 
made applicable to the Industrial Council and each of its subordinate 
committees. The Secretary may exercise the discretionary powers set 
forth in that order.
    Sec. 7. Construction. Nothing in this order shall be construed as 
subjecting any Federal agency, or any function vested by law in, or 
assigned pursuant to law to, any Federal agency to the authority of any 
other Federal agency or of the Industrial Council or of any of its 
subordinate committees, or as abrogating or restricting any such 
function in any manner.
                                                          Richard Nixon.

                        Executive Order No. 11643

    Ex. Ord. No. 11643, eff. Feb. 8, 1972, 37 F.R. 2875, as amended by 
Ex. Ord. No. 11870, eff. July 18, 1975, 40 F.R. 30611; Ex. Ord. No. 
11917, eff. May 28, 1976, 41 F.R. 22239, which related to environmental 
safeguards on activities for animal damage control on Federal lands, was 
revoked by Ex. Ord. No. 12342, Jan. 27, 1982, 47 F.R. 4223.

      Ex. Ord. No. 11644. Use of Off-Road Vehicles on Public Lands

    Ex. Ord. No. 11644, Feb. 8, 1972, 37 F.R. 2877, as amended by Ex. 
Ord. No. 11989, May 24, 1977, 42 F.R. 26959; Ex. Ord. No. 12608, Sept. 
9, 1987, 52 F.R. 34617, provided:
    An estimated 5 million off-road recreational vehicles--motorcycles, 
minibikes, trail bikes, snowmobiles, dunebuggies, all-terrain vehicles, 
and others--are in use in the United States today, and their popularity 
continues to increase rapidly. The widespread use of such vehicles on 
the public lands--often for legitimate purposes but also in frequent 
conflict with wise land and resource management practices, environmental 
values, and other types of recreational activity--has demonstrated the 
need for a unified Federal policy toward the use of such vehicles on the 
public lands.
    NOW, THEREFORE, by virtue of the authority vested in me as President 
of the United States by the Constitution of the United States and in 
furtherance of the purpose and policy of the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321), it is hereby ordered as follows:
    Section 1. Purpose. It is the purpose of this order to establish 
policies and provide for procedures that will ensure that the use of 
off-road vehicles on public lands will be controlled and directed so as 
to protect the resources of those lands, to promote the safety of all 
users of those lands, and to minimize conflicts among the various uses 
of those lands.
    Sec. 2. Definitions. As used in this order, the term:
    (1) ``public lands'' means (A) all lands under the custody and 
control of the Secretary of the Interior and the Secretary of 
Agriculture, except Indian lands, (B) lands under the custody and 
control of the Tennessee Valley Authority that are situated in western 
Kentucky and Tennessee and are designated as ``Land Between the Lakes,'' 
and (C) lands under the custody and control of the Secretary of Defense;
    (2) ``respective agency head'' means the Secretary of the Interior, 
the Secretary of Defense, the Secretary of Agriculture, and the Board of 
Directors of the Tennessee Valley Authority, with respect to public 
lands under the custody and control of each;
    (3) ``off-road vehicle'' means any motorized vehicle designed for or 
capable of cross-country travel on or immediately over land, water, 
sand, snow, ice, marsh, swampland, or other natural terrain; except that 
such term excludes (A) any registered motorboat, (B) any fire, military, 
emergency or law enforcement vehicle when used for emergency purposes, 
and any combat or combat support vehicle when used for national defense 
purposes, and (C) any vehicle whose use is expressly authorized by the 
respective agency head under a permit, lease, license, or contract; and
    (4) ``official use'' means use by an employee, agent, or designated 
representative of the Federal Government or one of its contractors in 
the course of his employment, agency, or representation.
    Sec. 3. Zones of Use. (a) Each respective agency head shall develop 
and issue regulations and administrative instructions, within six months 
of the date of this order, to provide for administrative designation of 
the specific areas and trails on public lands on which the use of off-
road vehicles may be permitted, and areas in which the use of off-road 
vehicles may not be permitted, and set a date by which such designation 
of all public lands shall be completed. Those regulations shall direct 
that the designation of such areas and trails will be based upon the 
protection of the resources of the public lands, promotion of the safety 
of all users of those lands, and minimization of conflicts among the 
various uses of those lands. The regulations shall further require that 
the designation of such areas and trails shall be in accordance with the 
following--
    (1) Areas and trails shall be located to minimize damage to soil, 
watershed, vegetation, or other resources of the public lands.
    (2) Areas and trails shall be located to minimize harassment of 
wildlife or significant disruption of wildlife habitats.
    (3) Areas and trails shall be located to minimize conflicts between 
off-road vehicle use and other existing or proposed recreational uses of 
the same or neighboring public lands, and to ensure the compatibility of 
such uses with existing conditions in populated areas, taking into 
account noise and other factors.
    (4) Areas and trails shall not be located in officially designated 
Wilderness Areas or Primitive Areas. Areas and trails shall be located 
in areas of the National Park system, Natural Areas, or National 
Wildlife Refuges and Game Ranges only if the respective agency head 
determines that off-road vehicle use in such locations will not 
adversely affect their natural, aesthetic, or scenic values.
    (b) The respective agency head shall ensure adequate opportunity for 
public participation in the promulgation of such regulations and in the 
designation of areas and trails under this section.
    (c) The limitations on off-road vehicle use imposed under this 
section shall not apply to official use.
    Sec. 4. Operating Conditions. Each respective agency head shall 
develop and publish, within one year of the date of this order, 
regulations prescribing operating conditions for off-road vehicles on 
the public lands. These regulations shall be directed at protecting 
resource values, preserving public health, safety, and welfare, and 
minimizing use conflicts.
    Sec. 5. Public Information. The respective agency head shall ensure 
that areas and trails where off-road vehicle use is permitted are well 
marked and shall provide for the publication and distribution of 
information, including maps, describing such areas and trails and 
explaining the conditions on vehicle use. He shall seek cooperation of 
relevant State agencies in the dissemination of this information.
    Sec. 6. Enforcement. The respective agency head shall, where 
authorized by law, prescribe appropriate penalties for violation of 
regulations adopted pursuant to this order, and shall establish 
procedures for the enforcement of those regulations. To the extent 
permitted by law, he may enter into agreements with State or local 
governmental agencies for cooperative enforcement of laws and 
regulations relating to off-road vehicle use.
    Sec. 7. Consultation. Before issuing the regulations or 
administrative instructions required by this order or designating areas 
or trails are required by this order and those regulations and 
administrative instructions, the Secretary of the Interior shall, as 
appropriate, consult with the Secretary of Energy and the Nuclear 
Regulatory Commission.
    Sec. 8. Monitoring of Effects and Review. (a) The respective agency 
head shall monitor the effects of the use of off-road vehicles on lands 
under their jurisdictions. On the basis of the information gathered, 
they shall from time to time amend or rescind designation of areas or 
other actions taken pursuant to this order as necessary to further the 
policy of this order.
    (b) The Council on Environmental Quality shall maintain a continuing 
review of the implementation of this order.
    Sec. 9. Special Protection of the Public Lands. (a) Notwithstanding 
the provisions of Section 3 of this Order, the respective agency head 
shall, whenever he determines that the use of off-road vehicles will 
cause or is causing considerable adverse effects on the soil, 
vegetation, wildlife, wildlife habitat or cultural or historic resources 
of particular areas or trails of the public lands, immediately close 
such areas or trails to the type of off-road vehicle causing such 
effects, until such time as he determines that such adverse effects have 
been eliminated and that measures have been implemented to prevent 
future recurrence.
    (b) Each respective agency head is authorized to adopt the policy 
that portions of the public lands within his jurisdiction shall be 
closed to use by off-road vehicles except those areas or trails which 
are suitable and specifically designated as open to such use pursuant to 
Section 3 of this Order.

                        Executive Order No. 11987

    Ex. Ord. No. 11987, May 24, 1977, 42 F.R. 26949, which directed 
executive agencies, and encouraged States, local governments, and 
private citizens, to restrict the introduction of exotic species into 
the natural ecosystems on lands and waters under their control, and 
which directed executive agencies to restrict the exportation of native 
species for introduction of such species into ecosystems outside the 
United States where they do not naturally occur, unless such 
introduction or exportation was found not to have an adverse effect on 
natural ecosystems, was revoked by Ex. Ord. No. 13112, Sec. 6(b), Feb. 
3, 1999, 64 F.R. 6186, set out below.

                Ex. Ord. No. 11988. Floodplain Management

    Ex. Ord. No. 11988, May 24, 1977, 42 F.R. 26951, as amended by Ex. 
Ord. No. 12148, July 20, 1979, 44 F.R. 43239, provided:
    By virtue of the authority vested in me by the Constitution and 
statutes of the United States of America, and as President of the United 
States of America, in furtherance of the National Environmental Policy 
Act of 1969, as amended (42 U.S.C. 4321 et seq.), the National Flood 
Insurance Act of 1968, as amended (42 U.S.C. 4001 et seq.), and the 
Flood Disaster Protection Act of 1973 (Public Law 93-234, 87 Stat. 975) 
[see Short Title of 1973 Amendment note set out under 42 U.S.C. 4001], 
in order to avoid to the extent possible the long and short term adverse 
impacts associated with the occupancy and modification of floodplains 
and to avoid direct or indirect support of floodplain development 
wherever there is a practicable alternative, it is hereby ordered as 
follows:
    Section 1. Each agency shall provide leadership and shall take 
action to reduce the risk of flood loss, to minimize the impact of 
floods on human safety, health and welfare, and to restore and preserve 
the natural and beneficial values served by floodplains in carrying out 
its responsibilities for (1) acquiring, managing, and disposing of 
Federal lands and facilities; (2) providing Federally undertaken, 
financed, or assisted construction and improvements; and (3) conducting 
Federal activities and programs affecting land use, including but not 
limited to water and related land resources planning, regulating, and 
licensing activities.
    Sec. 2. In carrying out the activities described in Section 1 of 
this Order, each agency has a responsibility to evaluate the potential 
effects of any actions it may take in a floodplain; to ensure that its 
planning programs and budget requests reflect consideration of flood 
hazards and floodplain management; and to prescribe procedures to 
implement the policies and requirements of this Order, as follows:
    (a)(1) Before taking an action, each agency shall determine whether 
the proposed action will occur in a floodplain--for major Federal 
actions significantly affecting the quality of the human environment, 
the evaluation required below will be included in any statement prepared 
under Section 102(2)(C) of the National Environmental Policy Act [42 
U.S.C. 4332(2)(C)]. This determination shall be made according to a 
Department of Housing and Urban Development (HUD) floodplain map or a 
more detailed map of an area, if available. If such maps are not 
available, the agency shall make a determination of the location of the 
floodplain based on the best available information. The Water Resources 
Council shall issue guidance on this information not later than October 
1, 1977.
    (2) If an agency has determined to, or proposes to, conduct, 
support, or allow an action to be located in a floodplain, the agency 
shall consider alternatives to avoid adverse effects and incompatible 
development in the floodplains. If the head of the agency finds that the 
only practicable alternative consistent with the law and with the policy 
set forth in this Order requires siting in a floodplain, the agency 
shall, prior to taking action, (i) design or modify its action in order 
to minimize potential harm to or within the floodplain, consistent with 
regulations issued in accord with Section 2(d) of this Order, and (ii) 
prepare and circulate a notice containing an explanation of why the 
action is proposed to be located in the floodplain.
    (3) For programs subject to the Office of Management and Budget 
Circular A-95, the agency shall send the notice, not to exceed three 
pages in length including a location map, to the state and areawide A-95 
clearinghouses for the geographic areas affected. The notice shall 
include: (i) the reasons why the action is proposed to be located in a 
floodplain; (ii) a statement indicating whether the action conforms to 
applicable state or local floodplain protection standards and (iii) a 
list of the alternatives considered. Agencies shall endeavor to allow a 
brief comment period prior to taking any action.
    (4) Each agency shall also provide opportunity for early public 
review of any plans or proposals for actions in floodplains, in 
accordance with Section 2(b) of Executive Order No. 11514, as amended 
[set out above], including the development of procedures to accomplish 
this objective for Federal actions whose impact is not significant 
enough to require the preparation of an environmental impact statement 
under Section 102(2)(C) of the National Environmental Policy Act of 
1969, as amended [42 U.S.C. 4332(2)(C)].
    (b) Any requests for new authorizations or appropriations 
transmitted to the Office of Management and Budget shall indicate, if an 
action to be proposed will be located in a floodplain, whether the 
proposed action is in accord with this Order.
    (c) Each agency shall take floodplain management into account when 
formulating or evaluating any water and land use plans and shall require 
land and water resources use appropriate to the degree of hazard 
involved. Agencies shall include adequate provision for the evaluation 
and consideration of flood hazards in the regulations and operating 
procedures for the licenses, permits, loan or grants-in-aid programs 
that they administer. Agencies shall also encourage and provide 
appropriate guidance to applicants to evaluate the effects of their 
proposals in floodplains prior to submitting applications for Federal 
licenses, permits, loans or grants.
    (d) As allowed by law, each agency shall issue or amend existing 
regulations and procedures within one year to comply with this Order. 
These procedures shall incorporate the Unified National Program for 
Floodplain Management of the Water Resources Council, and shall explain 
the means that the agency will employ to pursue the nonhazardous use of 
riverine, coastal and other floodplains in connection with the 
activities under its authority. To the extent possible, existing 
processes, such as those of the Council on Environmental Quality and the 
Water Resources Council, shall be utilized to fulfill the requirements 
of this Order. Agencies shall prepare their procedures in consultation 
with the Water Resources Council, the Director of the Federal Emergency 
Management Agency, and the Council on Environmental Quality, and shall 
update such procedures as necessary.
    Sec. 3. In addition to the requirements of Section 2, agencies with 
responsibilities for Federal real property and facilities shall take the 
following measures:
    (a) The regulations and procedures established under Section 2(d) of 
this Order shall, at a minimum, require the construction of Federal 
structures and facilities to be in accordance with the standards and 
criteria and to be consistent with the intent of those promulgated under 
the National Flood Insurance Program. They shall deviate only to the 
extent that the standards of the Flood Insurance Program are 
demonstrably inappropriate for a given type of structure or facility.
    (b) If, after compliance with the requirements of this Order, new 
construction of structures or facilities are to be located in a 
floodplain, accepted floodproofing and other flood protection measures 
shall be applied to new construction or rehabilitation. To achieve flood 
protection, agencies shall, wherever practicable, elevate structures 
above the base flood level rather than filling in land.
    (c) If property used by the general public has suffered flood damage 
or is located in an identified flood hazard area, the responsible agency 
shall provide on structures, and other places where appropriate, 
conspicuous delineation of past and probable flood height in order to 
enhance public awareness of and knowledge about flood hazards.
    (d) When property in floodplains is proposed for lease, easement, 
right-of-way, or disposal to non-Federal public or private parties, the 
Federal agency shall (1) reference in the conveyance those uses that are 
restricted under identified Federal, State or local floodplain 
regulations; and (2) attach other appropriate restrictions to the uses 
of properties by the grantee or purchaser and any successors, except 
where prohibited by law; or (3) withhold such properties from 
conveyance.
    Sec. 4. In addition to any responsibilities under this Order and 
Sections 202 and 205 of the Flood Disaster Protection Act of 1973, as 
amended (42 U.S.C. 4106 and 4128), agencies which guarantee, approve, 
regulate, or insure any financial transaction which is related to an 
area located in a floodplain shall, prior to completing action on such 
transaction, inform any private parties participating in the transaction 
of the hazards of locating structures in the floodplain.
    Sec. 5. The head of each agency shall submit a report to the Council 
on Environmental Quality and to the Water Resources Council on June 30, 
1978, regarding the status of their procedures and the impact of this 
Order on the agency's operations. Thereafter, the Water Resources 
Council shall periodically evaluate agency procedures and their 
effectiveness.
    Sec. 6. As used in this Order:
    (a) The term ``agency'' shall have the same meaning as the term 
``Executive agency'' in Section 105 of Title 5 of the United States Code 
and shall include the military departments; the directives contained in 
this Order, however, are meant to apply only to those agencies which 
perform the activities described in Section 1 which are located in or 
affecting floodplains.
    (b) The term ``base flood'' shall mean that flood which has a one 
percent or greater chance of occurrence in any given year.
    (c) The term ``floodplain'' shall mean the lowland and relatively 
flat areas adjoining inland and coastal waters including floodprone 
areas of offshore islands, including at a minimum, that area subject to 
a one percent or greater chance of flooding in any given year.
    Sec. 7. Executive Order No. 11296 of August 10, 1966, is hereby 
revoked. All actions, procedures, and issuances taken under that Order 
and still in effect shall remain in effect until modified by appropriate 
authority under the terms of this Order.
    Sec. 8. Nothing in this Order shall apply to assistance provided for 
emergency work essential to save lives and protect property and public 
health and safety, performed pursuant to Sections 305 and 306 of the 
Disaster Relief Act of 1974 (88 Stat. 148, 42 U.S.C. 5145 and 5146).
    Sec. 9. To the extent the provisions of Section 2(a) of this Order 
are applicable to projects covered by Section 104(h) of the Housing and 
Community Development Act of 1974, as amended (88 Stat. 640, 42 U.S.C. 
5304(h)), the responsibilities under those provisions may be assumed by 
the appropriate applicant, if the applicant has also assumed, with 
respect to such projects, all of the responsibilities for environmental 
review, decisionmaking, and action pursuant to the National 
Environmental Policy Act of 1969, as amended [42 U.S.C. 4321].
                                                           Jimmy Carter.

               Ex. Ord. No. 11990. Protection of Wetlands

    Ex. Ord. No. 11990, May 24, 1977, 42 F.R. 26961, as amended by Ex. 
Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided:
    By virtue of the authority vested in me by the Constitution and 
statutes of the United States of America, and as President of the United 
States of America, in furtherance of the National Environmental Policy 
Act of 1969, as amended (42 U.S.C. 4321 et seq.), in order to avoid to 
the extent possible the long and short term adverse impacts associated 
with the destruction or modification of wetlands and to avoid direct or 
indirect support of new construction in wetlands wherever there is a 
practicable alternative, it is hereby ordered as follows:
    Section 1. (a) Each agency shall provide leadership and shall take 
action to minimize the destruction, loss or degradation of wetlands, and 
to preserve and enhance the natural and beneficial values of wetlands in 
carrying out the agency's responsibilities for (1) acquiring, managing, 
and disposing of Federal lands and facilities; and (2) providing 
Federally undertaken, financed, or assisted construction and 
improvements; and (3) conducting Federal activities and programs 
affecting land use, including but not limited to water and related land 
resources planning, regulating, and licensing activities.
    (b) This Order does not apply to the issuance by Federal agencies of 
permits, licenses, or allocations to private parties for activities 
involving wetlands on non-Federal property.
    Sec. 2. (a) In furtherance of Section 101(b)(3) of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4331(b)(3)) to improve and 
coordinate Federal plans, functions, programs and resources to the end 
that the Nation may attain the widest range of beneficial uses of the 
environment without degradation and risk to health or safety, each 
agency, to the extent permitted by law, shall avoid undertaking or 
providing assistance for new construction located in wetlands unless the 
head of the agency finds (1) that there is no practicable alternative to 
such construction, and (2) that the proposed action includes all 
practicable measures to minimize harm to wetlands which may result from 
such use. In making this finding the head of the agency may take into 
account economic, environmental and other pertinent factors.
    (b) Each agency shall also provide opportunity for early public 
review of any plans or proposals for new construction in wetlands, in 
accordance with Section 2(b) of Executive Order No. 11514, as amended 
[set out above], including the development of procedures to accomplish 
this objective for Federal actions whose impact is not significant 
enough to require the preparation of an environmental impact statement 
under Section 102(2)(C) of the National Environmental Policy Act of 
1969, as amended [42 U.S.C. 4332(2)(C)].
    Sec. 3. Any requests for new authorizations or appropriations 
transmitted to the Office of Management and Budget shall indicate, if an 
action to be proposed will be located in wetlands, whether the proposed 
action is in accord with this Order.
    Sec. 4. When Federally-owned wetlands or portions of wetlands are 
proposed for lease, easement, right-of-way or disposal to non-Federal 
public or private parties, the Federal agency shall (a) reference in the 
conveyance those uses that are restricted under identified Federal, 
State or local wetlands regulations; and (b) attach other appropriate 
restrictions to the uses of properties by the grantee or purchaser and 
any successor, except where prohibited by law; or (c) withhold such 
properties from disposal.
    Sec. 5. In carrying out the activities described in Section 1 of 
this Order, each agency shall consider factors relevant to a proposal's 
effect on the survival and quality of the wetlands. Among these factors 
are:
    (a) public health, safety, and welfare, including water supply, 
quality, recharge and discharge; pollution; flood and storm hazards; and 
sediment and erosion;
    (b) maintenance of natural systems, including conservation and long 
term productivity of existing flora and fauna, species and habitat 
diversity and stability, hydrologic utility, fish, wildlife, timber, and 
food and fiber resources; and
    (c) other uses of wetlands in the public interest, including 
recreational, scientific, and cultural uses.
    Sec. 6. As allowed by law, agencies shall issue or amend their 
existing procedures in order to comply with this Order. To the extent 
possible, existing processes, such as those of the Council on 
Environmental Quality, shall be utilized to fulfill the requirements of 
this Order.
    Sec. 7. As used in this Order:
    (a) The term ``agency'' shall have the same meaning as the term 
``Executive agency'' in Section 105 of Title 5 of the United States Code 
and shall include the military departments; the directives contained in 
this Order, however, are meant to apply only to those agencies which 
perform the activities described in Section 1 which are located in or 
affecting wetlands.
    (b) The term ``new construction'' shall include draining, dredging, 
channelizing, filling, diking, impounding, and related activities and 
any structures or facilities begun or authorized after the effective 
date of this Order.
    (c) The term ``wetlands'' means those areas that are inundated by 
surface or ground water with a frequency sufficient to support and under 
normal circumstances does or would support a prevalence of vegetative or 
aquatic life that requires saturated or seasonally saturated soil 
conditions for growth and reproduction. Wetlands generally include 
swamps, marshes, bogs, and similar areas such as sloughs, potholes, wet 
meadows, river overflows, mud flats, and natural ponds.
    Sec. 8. This Order does not apply to projects presently under 
construction, or to projects for which all of the funds have been 
appropriated through Fiscal Year 1977, or to projects and programs for 
which a draft or final environmental impact statement will be filed 
prior to October 1, 1977. The provisions of Section 2 of this Order 
shall be implemented by each agency not later than October 1, 1977.
    Sec. 9. Nothing in this Order shall apply to assistance provided for 
emergency work, essential to save lives and protect property and public 
health and safety, performed pursuant to Sections 305 and 306 of the 
Disaster Relief Act of 1974 (88 Stat. 148, 42 U.S.C. 5145 and 5146).
    Sec. 10. To the extent the provisions of Sections 2 and 5 of this 
Order are applicable to projects covered by Section 104(h) of the 
Housing and Community Development Act of 1974, as amended (88 Stat. 640, 
42 U.S.C. 5304(h)), the responsibilities under those provisions may be 
assumed by the appropriate applicant, if the applicant has also assumed, 
with respect to such projects, all of the responsibilities for 
environmental review, decisionmaking, and action pursuant to the 
National Environmental Policy Act of 1969, as amended [42 U.S.C. 4321 et 
seq.].

 Ex. Ord. No. 12088. Federal Compliance With Pollution Control Standards

    Ex. Ord. No. 12088, Oct. 13, 1978, 43 F.R. 47707, as amended by Ex. 
Ord. No. 12580, Jan. 23, 1987, 52 F.R. 2928, provided:
    By the authority vested in me as President by the Constitution and 
statutes of the United States of America, including Section 22 of the 
Toxic Substances Control Act (15 U.S.C. 2621), Section 313 of the 
Federal Water Pollution Control Act, as amended (33 U.S.C. 1323), 
Section 1447 of the Public Health Service Act, as amended by the Safe 
Drinking Water Act [now Safe Drinking Water Act of 1974] (42 U.S.C. 
300j-6), Section 118 of the Clean Air Act, as amended (42 U.S.C. 
7418(b)), Section 4 of the Noise Control Act of 1972 (42 U.S.C. 4903), 
Section 6001 of the Solid Waste Disposal Act, as amended (42 U.S.C. 
6961), and Section 301 of Title 3 of the United States Code, and to 
ensure Federal compliance with applicable pollution control standards, 
it is hereby ordered as follows:

            1-1. Applicability of Pollution Control Standards

    1-101. The head of each Executive agency is responsible for ensuring 
that all necessary actions are taken for the prevention, control, and 
abatement of environmental pollution with respect to Federal facilities 
and activities under the control of the agency.
    1-102. The head of each Executive agency is responsible for 
compliance with applicable pollution control standards, including those 
established pursuant to, but not limited to, the following:
    (a) Toxic Substances Control Act (15 U.S.C. 2601 et seq.).
    (b) Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 
et seq.).
    (c) Public Health Service Act, as amended by the Safe Drinking Water 
Act [now Safe Drinking Water Act of 1974] (42 U.S.C. 300f et seq.).
    (d) Clean Air Act, as amended (42 U.S.C. 7401 et seq.).
    (e) Noise Control Act of 1972 (42 U.S.C. 4901 et seq.).
    (f) Solid Waste Disposal Act, as amended (42 U.S.C. 6901 et seq.).
    (g) Radiation guidance pursuant to Section 274(h) of the Atomic 
Energy Act of 1954, as amended (42 U.S.C. 2021(h); see also, the 
Radiation Protection Guidance to Federal Agencies for Diagnostic X Rays 
approved by the President on January 26, 1978 and published at page 4377 
of the Federal Register on February 1, 1978).
    (h) Marine Protection, Research, and Sanctuaries Act of 1972, as 
amended (33 U.S.C. 1401, 1402, 1411-1421, 1441-1444 and 16 U.S.C. 1431-
1434) [16 U.S.C. 1431 et seq., 1447 et seq.; 33 U.S.C. 1401 et seq., 
2801 et seq.].
    (i) Federal Insecticide, Fungicide, and Rodenticide Act, as amended 
(7 U.S.C. 136 et seq.).
    1-103. ``Applicable pollution control standards'' means the same 
substantive, procedural, and other requirements that would apply to a 
private person.

                        1-2. Agency Coordination

    1-201. Each Executive agency shall cooperate with the Administrator 
of the Environmental Protection Agency, hereinafter referred to as the 
Administrator, and State, interstate, and local agencies in the 
prevention, control, and abatement of environmental pollution.
    1-202. Each Executive agency shall consult with the Administrator 
and with State, interstate, and local agencies concerning the best 
techniques and methods available for the prevention, control, and 
abatement of environmental pollution.

                   1-3. Technical Advice and Oversight

    1-301. The Administrator shall provide technical advice and 
assistance to Executive agencies in order to ensure their cost effective 
and timely compliance with applicable pollution control standards.
    1-302. The administrator shall conduct such reviews and inspections 
as may be necessary to monitor compliance with applicable pollution 
control standards by Federal facilities and activities.

                       1-4. Pollution Control Plan

    1-401. Each Executive agency shall submit to the Director of the 
Office of Management and Budget, through the Administrator, an annual 
plan for the control of environmental pollution. The plan shall provide 
for any necessary improvement in the design, construction, management, 
operation, and maintenance of Federal facilities and activities, and 
shall include annual cost estimates. The Administrator shall establish 
guidelines for developing such plans.
    1-402. In preparing its plan, each Executive agency shall ensure 
that the plan provides for compliance with all applicable pollution 
control standards.
    1-403. The plan shall be submitted in accordance with any other 
instructions that the Director of the Office of Management and Budget 
may issue.

                              1-5. Funding

    1-501. The head of each Executive agency shall ensure that 
sufficient funds for compliance with applicable pollution control 
standards are requested in the agency budget.
    1-502. The head of each Executive agency shall ensure that funds 
appropriated and apportioned for the prevention, control and abatement 
of environmental pollution are not used for any other purpose unless 
permitted by law and specifically approved by the Office of Management 
and Budget.

                 1-6. Compliance With Pollution Controls

    1-601. Whenever the Administrator or the appropriate State, 
interstate, or local agency notifies an Executive agency that it is in 
violation of an applicable pollution control standard (see Section 1-102 
of this Order), the Executive agency shall promptly consult with the 
notifying agency and provide for its approval a plan to achieve and 
maintain compliance with the applicable pollution control standard. This 
plan shall include an implementation schedule for coming into compliance 
as soon as practicable.
    1-602. The Administrator shall make every effort to resolve 
conflicts regarding such violation between Executive agencies and, on 
request of any party, such conflicts between an Executive agency and a 
State, interstate, or a local agency. If the Administrator cannot 
resolve a conflict, the Administrator shall request the Director of the 
Office of Management and Budget to resolve the conflict.
    1-603. The Director of the Office of Management and Budget shall 
consider unresolved conflicts at the request of the Administrator. The 
Director shall seek the Administrator's technological judgment and 
determination with regard to the applicability of statues and 
regulations.
    1-604. These conflict resolution procedures are in addition to, not 
in lieu of, other procedures, including sanctions, for the enforcement 
of applicable pollution control standards.
    1-605. Except as expressly provided by a Presidential exemption 
under this Order, nothing in this Order, nor any action or inaction 
under this Order, shall be construed to revise or modify any applicable 
pollution control standard.

                      1-7. Limitation on Exemptions

    1-701. Exemptions from applicable pollution control standards may 
only be granted under statues cited in Section 1-102(a) through 1-102(f) 
if the President makes the required appropriate statutory determination: 
that such exemption is necessary (a) in the interest of national 
security, or (b) in the paramount interest of the United States.
    1-702. The head of an Executive agency may, from time to time, 
recommend to the President through the Director of the Office of 
Management and Budget, that an activity or facility, or uses thereof, be 
exempt from an applicable pollution control standard.
    1-703. The Administrator shall advise the President, through the 
Director of the Office of Management and Budget, whether he agrees or 
disagrees with a recommendation for exemption and his reasons therefor.
    1-704. The Director of the Office of Management and Budget must 
advise the President within sixty days of receipt of the Administrator's 
views.

                         1-8. General Provisions

    1-801. The head of each Executive agency that is responsible for the 
construction or operation of Federal facilities outside the United 
States shall ensure that such construction or operation complies with 
the environmental pollution control standards of general applicability 
in the host country or jurisdiction.
    1-802. Nothing in this Order shall create any right or benefit, 
substantive or procedural, enforceable at law by a party against the 
United States, its agencies, its officers, or any person.
    1-803. Executive Order No. 11752 of December 17, 1973, is revoked.

   Ex. Ord. No. 12114. Environmental Effects Abroad of Major Federal 
                                 Actions

    Ex. Ord. No. 12114, Jan. 4, 1979, 44 F.R. 1957, provided:
    By virtue of the authority vested in me by the Constitution and the 
laws of the United States, and as President of the United States, in 
order to further environmental objectives consistent with the foreign 
policy and national security policy of the United States, it is ordered 
as follows:

                                Section 1

    1-1. Purpose and Scope. The purpose of this Executive Order is to 
enable responsible officials of Federal agencies having ultimate 
responsibility for authorizing and approving actions encompassed by this 
Order to be informed of pertinent environmental considerations and to 
take such considerations into account, with other pertinent 
considerations of national policy, in making decisions regarding such 
actions. While based on independent authority, this Order furthers the 
purpose of the National Environmental Policy Act [42 U.S.C. 4321 et 
seq.] and the Marine Protection Research and Sanctuaries Act [16 U.S.C. 
1431 et seq. and 33 U.S.C. 1401 et seq.] and the Deepwater Port Act [33 
U.S.C. 1501 et seq.] consistent with the foreign policy and national 
security policy of the United States, and represents the United States 
government's exclusive and complete determination of the procedural and 
other actions to be taken by Federal agencies to further the purpose of 
the National Environmental Policy Act, with respect to the environment 
outside the United States, its territories and possessions.

                                Section 2

    2-1. Agency Procedures. Every Federal agency taking major Federal 
actions encompassed hereby and not exempted herefrom having significant 
effects on the environment outside the geographical borders of the 
United States and its territories and possessions shall within eight 
months after the effective date of this Order have in effect procedures 
to implement this Order. Agencies shall consult with the Department of 
State and the Council on Environmental Quality concerning such 
procedures prior to placing them in effect.
    2-2. Information Exchange. To assist in effectuating the foregoing 
purpose, the Department of State and the Council on Environmental 
Quality in collaboration with other interested Federal agencies and 
other nations shall conduct a program for exchange on a continuing basis 
of information concerning the environment. The objectives of this 
program shall be to provide information for use by decisionmakers, to 
heighten awareness of and interest in environmental concerns and, as 
appropriate, to facilitate environmental cooperation with foreign 
nations.
    2-3. Actions Included. Agencies in their procedures under Section 2-
1 shall establish procedures by which their officers having ultimate 
responsibility for authorizing and approving actions in one of the 
following categories encompassed by this Order, take into consideration 
in making decisions concerning such actions, a document described in 
Section 2-4(a):
    (a) major Federal actions significantly affecting the environment of 
the global commons outside the jurisdiction of any nation (e.g., the 
oceans or Antarctica);
    (b) major Federal actions significantly affecting the environment of 
a foreign nation not participating with the United States and not 
otherwise involved in the action;
    (c) major Federal actions significantly affecting the environment of 
a foreign nation which provide to that nation:
    (1) a product, or physical project producing a principal product or 
an emission or effluent, which is prohibited or strictly regulated by 
Federal law in the United States because its toxic effects on the 
environment create a serious public health risk; or
    (2) a physical project which in the United States is prohibited or 
strictly regulated by Federal law to protect the environment against 
radioactive substances.
    (d) major Federal actions outside the United States, its territories 
and possessions which significantly affect natural or ecological 
resources of global importance designated for protection under this 
subsection by the President, or, in the case of such a resource 
protected by international agreement binding on the United States, by 
the Secretary of State. Recommendations to the President under this 
subsection shall be accompanied by the views of the Council on 
Environmental Quality and the Secretary of State.
    2-4. Applicable Procedures. (a) There are the following types of 
documents to be used in connection with actions described in Section 2-
3:
    (i) environmental impact statements (including generic, program and 
specific statements);
    (ii) bilateral or multilateral environmental studies, relevant or 
related to the proposed action, by the United States and one [or more] 
more foreign nations, or by an international body or organization in 
which the United States is a member or participant; or
    (iii) concise reviews of the environmental issues involved, 
including environmental assessments, summary environmental analyses or 
other appropriate documents.
    (b) Agencies shall in their procedures provide for preparation of 
documents described in Section 2-4(a), with respect to actions described 
in Section 2-3, as follows:
    (i) for effects described in Section 2-3(a), an environmental impact 
statement described in Section 2-4(a)(i);
    (ii) for effects described in Section 2-3(b), a document described 
in Section 2-4(a)(ii) or (iii), as determined by the agency;
    (iii) for effects described in Section 2-3(c), a document described 
in Section 2-4(a)(ii) or (iii), as determined by the agency;
    (iv) for effects described in Section 2-3(d), a document described 
in Section 2-4(a)(i), (ii) or (iii), as determined by the agency.
    Such procedures may provide that an agency need not prepare a new 
document when a document described in Section 2-4(a) already exists.
    (c) Nothing in this Order shall serve to invalidate any existing 
regulations of any agency which have been adopted pursuant to court 
order or pursuant to judicial settlement of any case or to prevent any 
agency from providing in its procedures for measures in addition to 
those provided for herein to further the purpose of the National 
Environmental Policy Act [43 U.S.C. 4321 et seq.] and other 
environmental laws, including the Marine Protection Research and 
Sanctuaries Act [16 U.S.C. 1431 et seq. and 33 U.S.C. 1401 et seq.], and 
the Deepwater Port Act [33 U.S.C. 1501 et seq.], consistent with the 
foreign and national security policies of the United States.
    (d) Except as provided in Section 2-5(b), agencies taking action 
encompassed by this Order shall, as soon as feasible, inform other 
Federal agencies with relevant expertise of the availability of 
environmental documents prepared under this Order.
    Agencies in their procedures under Section 2-1 shall make 
appropriate provision for determining when an affected nation shall be 
informed in accordance with Section 3-2 of this Order of the 
availability of environmental documents prepared pursuant to those 
procedures.
    In order to avoid duplication of resources, agencies in their 
procedures shall provide for appropriate utilization of the resources of 
other Federal agencies with relevant environmental jurisdiction or 
expertise.
    2-5. Exemptions and Considerations. (a) Notwithstanding Section 2-3, 
the following actions are exempt from this Order:
    (i) actions not having a significant effect on the environment 
outside the United States as determined by the agency;
    (ii) actions taken by the President;
    (iii) actions taken by or pursuant to the direction of the President 
or Cabinet officer when the national security or interest is involved or 
when the action occurs in the course of an armed conflict;
    (iv) intelligence activities and arms transfers;
    (v) export licenses or permits or export approvals, and actions 
relating to nuclear activities except actions providing to a foreign 
nation a nuclear production or utilization facility as defined in the 
Atomic Energy Act of 1954 [42 U.S.C. 2011 et seq.], as amended, or a 
nuclear waste management facility;
    (vi) votes and other actions in international conferences and 
organizations;
    (vii) disaster and emergency relief action.
    (b) Agency procedures under Section 2-1 implementing Section 2-4 may 
provide for appropriate modifications in the contents, timing and 
availability of documents to other affected Federal agencies and 
affected nations, where necessary to:
    (i) enable the agency to decide and act promptly as and when 
required;
    (ii) avoid adverse impacts on foreign relations or infringement in 
fact or appearance of other nations' sovereign responsibilities, or
    (iii) ensure appropriate reflection of:
    (1) diplomatic factors;
    (2) international commercial, competitive and export promotion 
factors;
    (3) needs for governmental or commercial confidentiality;
    (4) national security considerations;
    (5) difficulties of obtaining information and agency ability to 
analyze meaningfully environmental effects of a proposed action; and
    (6) the degree to which the agency is involved in or able to affect 
a decision to be made.
    (c) Agency procedure under Section 2-1 may provide for categorical 
exclusions and for such exemptions in addition to those specified in 
subsection (a) of this Section as may be necessary to meet emergency 
circumstances, situations involving exceptional foreign policy and 
national security sensitivities and other such special circumstances. In 
utilizing such additional exemptions agencies shall, as soon as 
feasible, consult with the Department of State and the Council on 
Environmental Quality.
    (d) The provisions of Section 2-5 do not apply to actions described 
in Section 2-3(a) unless permitted by law.

                                Section 3

    3-1. Rights of Action. This Order is solely for the purpose of 
establishing internal procedures for Federal agencies to consider the 
significant effects of their actions on the environment outside the 
United States, its territories and possessions, and nothing in this 
Order shall be construed to create a cause of action.
    3-2. Foreign Relations. The Department of State shall coordinate all 
communications by agencies with foreign governments concerning 
environmental agreements and other arrangements in implementation of 
this Order.
    3-3. Multi-Agency Actions. Where more than one Federal agency is 
involved in an action or program, a lead agency, as determined by the 
agencies involved, shall have responsibility for implementation of this 
Order.
    3-4. Certain Terms. For purposes of this Order, ``environment'' 
means the natural and physical environment and excludes social, economic 
and other environments; and an action significantly affects the 
environment if it does significant harm to the environment even though 
on balance the agency believes the action to be beneficial to the 
environment. The term ``export approvals'' in Section 2-5(a)(v) does not 
mean or include direct loans to finance exports.
    3-5. Multiple Impacts. If a major Federal action having effects on 
the environment of the United States or the global commons requires 
preparation of an environmental impact statement, and if the action also 
has effects on the environment of a foreign nation, an environmental 
impact statement need not be prepared with respect to the effects on the 
environment of the foreign nation.
                                                           Jimmy Carter.

                        Executive Order No. 12194

    Ex. Ord. No. 12194, Feb. 21, 1980, 45 F.R. 12209, which established 
the Radiation Policy Council and provided for its membership, functions, 
etc., was revoked by Ex. Ord. No. 12379, Sec. 23, Aug. 17, 1982, 47 F.R. 
36100, set out as a note under section 14 of the Federal Advisory 
Committee Act in the Appendix to Title 5, Government Organization and 
Employees.

                        Executive Order No. 12737

    Ex. Ord. No. 12737, Dec. 12, 1990, 55 F.R. 51681, which established 
President's Commission on Environmental Quality and provided for its 
functions and administration, was revoked by Ex. Ord. No. 12852, 
Sec. 4(c), June 29, 1993, 58 F.R. 35841, formerly set out below.

    Ex. Ord. No. 12761. Establishment of President's Environment and 
                      Conservation Challenge Awards

    Ex. Ord. No. 12761, May 21, 1991, 56 F.R. 23645, provided:
    By the authority vested in me as President by the Constitution and 
the laws of the United States of America, and in order to establish, in 
accordance with the goals and purposes of the National Environmental 
Policy Act of 1969, as amended (42 U.S.C. 4321 et seq.), the 
Environmental Quality Improvement Act of 1970, as amended (42 U.S.C. 
4371 et seq.), and the National Environmental Education Act, Public Law 
101-619, 104 Stat. 3325 (1990) [20 U.S.C. 5501 et seq.], an awards 
program to raise environmental awareness and to recognize outstanding 
achievements in the United States and in its territories in the areas of 
conservation and environmental protection by both the public and private 
sectors, it is hereby ordered as follows:
    Section 1. Establishment. The President's Environment and 
Conservation Challenge Awards program is established for the purposes of 
recognizing outstanding environmental achievements by U.S. citizens, 
enterprises, or programs; providing an incentive for environmental 
accomplishment; promoting cooperative partnerships between diverse 
groups working together to achieve common environmental goals; and 
identifying successful environmental programs that can be replicated.
    Sec. 2. Administration. (a) The Council on Environmental Quality, 
with the assistance of the President's Commission on Environmental 
Quality, shall organize, manage, and administer the awards program, 
including the development of selection criteria, the nomination of 
eligible individuals to receive the award, and the selection of award 
recipients.
    (b) Any expenses of the program shall be paid from funds available 
for the expenses of the Council on Environmental Quality.
    Sec. 3. Awards. (a) Up to three awards in each of the following four 
categories shall be made annually to eligible individuals, 
organizations, groups, or entities:
    (i) Quality Environmental Management Awards (incorporation of 
environmental concerns into management decisions and practices);
    (ii) Partnership Awards (successful coalition building efforts);
    (iii) Innovation Awards (innovative technology programs, products, 
or processes); and
    (iv) Education and Communication Awards (education and information 
programs contributing to the development of an ethic fostering 
conservation and environmental protection).
    (b) Presidential citations shall be given to eligible program 
finalists who demonstrate notable or unique achievements, but who are 
not selected to receive awards.
    Sec. 4. Eligibility. Only residents of the United States and 
organizations, groups, or entities doing business in the United States 
are eligible to receive an award under this program. An award under this 
program shall be given only for achievements in the United States or its 
territories. Organizations, groups, or entities may be profit or 
nonprofit, public or private entities.
    Sec. 5. Information System. The Council on Environmental Quality 
shall establish and maintain a data bank with information about award 
nominees to catalogue and publicize model conservation or environmental 
protection programs which could be replicated.
                                                            George Bush.

                        Executive Order No. 12852

    Ex. Ord. No. 12852, June 29, 1993, 58 F.R. 35841, as amended by Ex. 
Ord. No. 12855, July 19, 1993, 58 F.R. 39107; Ex. Ord. No. 12965, June 
27, 1995, 60 F.R. 34087; Ex. Ord. No. 12980, Nov. 17, 1995, 60 F.R. 
57819; Ex. Ord. No. 13053, June 30, 1997, 62 F.R. 39945 [35945]; Ex. 
Ord. No. 13114, Feb. 25, 1999, 64 F.R. 10099, which established the 
President's Council on Sustainable Development, was revoked by Ex. Ord. 
No. 13138, Sec. 3(f), Sept. 30, 1999, 64 F.R. 53880, set out as a note 
under section 14 of the Appendix to Title 5, Government Organization and 
Employees.

Ex. Ord. No. 12898. Federal Actions To Address Environmental Justice in 
             Minority Populations and Low-Income Populations

    Ex. Ord. No. 12898, Feb. 11, 1994, 59 F.R. 7629, as amended by Ex. 
Ord. No. 12948, Jan. 30, 1995, 60 F.R. 6381, provided:
    By the authority vested in me as President by the Constitution and 
the laws of the United States of America, it is hereby ordered as 
follows:
    Section 1-1. IMPLEMENTATION.
    1-101. Agency Responsibilities. To the greatest extent practicable 
and permitted by law, and consistent with the principles set forth in 
the report on the National Performance Review, each Federal agency shall 
make achieving environmental justice part of its mission by identifying 
and addressing, as appropriate, disproportionately high and adverse 
human health or environmental effects of its programs, policies, and 
activities on minority populations and low-income populations in the 
United States and its territories and possessions, the District of 
Columbia, the Commonwealth of Puerto Rico, and the Commonwealth of the 
Mariana Islands.
    1-102. Creation of an Interagency Working Group on Environmental 
Justice. (a) Within 3 months of the date of this order, the 
Administrator of the Environmental Protection Agency (``Administrator'') 
or the Administrator's designee shall convene an interagency Federal 
Working Group on Environmental Justice (``Working Group''). The Working 
Group shall comprise the heads of the following executive agencies and 
offices, or their designees: (a) Department of Defense; (b) Department 
of Health and Human Services; (c) Department of Housing and Urban 
Development; (d) Department of Labor; (e) Department of Agriculture; (f) 
Department of Transportation; (g) Department of Justice; (h) Department 
of the Interior; (i) Department of Commerce; (j) Department of Energy; 
(k) Environmental Protection Agency; (l) Office of Management and 
Budget; (m) Office of Science and Technology Policy; (n) Office of the 
Deputy Assistant to the President for Environmental Policy; (o) Office 
of the Assistant to the President for Domestic Policy; (p) National 
Economic Council; (q) Council of Economic Advisers; and (r) such other 
Government officials as the President may designate. The Working Group 
shall report to the President through the Deputy Assistant to the 
President for Environmental Policy and the Assistant to the President 
for Domestic Policy.
    (b) The Working Group shall: (1) provide guidance to Federal 
agencies on criteria for identifying disproportionately high and adverse 
human health or environmental effects on minority populations and low-
income populations;
    (2) coordinate with, provide guidance to, and serve as a 
clearinghouse for, each Federal agency as it develops an environmental 
justice strategy as required by section 1-103 of this order, in order to 
ensure that the administration, interpretation and enforcement of 
programs, activities and policies are undertaken in a consistent manner;
    (3) assist in coordinating research by, and stimulating cooperation 
among, the Environmental Protection Agency, the Department of Health and 
Human Services, the Department of Housing and Urban Development, and 
other agencies conducting research or other activities in accordance 
with section 3-3 of this order;
    (4) assist in coordinating data collection, required by this order;
    (5) examine existing data and studies on environmental justice;
    (6) hold public meetings as required in section 5-502(d) of this 
order; and
    (7) develop interagency model projects on environmental justice that 
evidence cooperation among Federal agencies.
    1-103. Development of Agency Strategies. (a) Except as provided in 
section 6-605 of this order, each Federal agency shall develop an 
agency-wide environmental justice strategy, as set forth in subsections 
(b)-(e) of this section that identifies and addresses disproportionately 
high and adverse human health or environmental effects of its programs, 
policies, and activities on minority populations and low-income 
populations. The environmental justice strategy shall list programs, 
policies, planning and public participation processes, enforcement, and/
or rulemakings related to human health or the environment that should be 
revised to, at a minimum: (1) promote enforcement of all health and 
environmental statutes in areas with minority populations and low-income 
populations; (2) ensure greater public participation; (3) improve 
research and data collection relating to the health of and environment 
of minority populations and low-income populations; and (4) identify 
differential patterns of consumption of natural resources among minority 
populations and low-income populations. In addition, the environmental 
justice strategy shall include, where appropriate, a timetable for 
undertaking identified revisions and consideration of economic and 
social implications of the revisions.
    (b) Within 4 months of the date of this order, each Federal agency 
shall identify an internal administrative process for developing its 
environmental justice strategy, and shall inform the Working Group of 
the process.
    (c) Within 6 months of the date of this order, each Federal agency 
shall provide the Working Group with an outline of its proposed 
environmental justice strategy.
    (d) Within 10 months of the date of this order, each Federal agency 
shall provide the Working Group with its proposed environmental justice 
strategy.
    (e) By March 24, 1995, each Federal agency shall finalize its 
environmental justice strategy and provide a copy and written 
description of its strategy to the Working Group. From the date of this 
order through March 24, 1995, each Federal agency, as part of its 
environmental justice strategy, shall identify several specific projects 
that can be promptly undertaken to address particular concerns 
identified during the development of the proposed environmental justice 
strategy, and a schedule for implementing those projects.
    (f) Within 24 months of the date of this order, each Federal agency 
shall report to the Working Group on its progress in implementing its 
agency-wide environmental justice strategy.
    (g) Federal agencies shall provide additional periodic reports to 
the Working Group as requested by the Working Group.
    1-104. Reports to the President. Within 14 months of the date of 
this order, the Working Group shall submit to the President, through the 
Office of the Deputy Assistant to the President for Environmental Policy 
and the Office of the Assistant to the President for Domestic Policy, a 
report that describes the implementation of this order, and includes the 
final environmental justice strategies described in section 1-103(e) of 
this order.
    Sec. 2-2. FEDERAL AGENCY RESPONSIBILITIES FOR FEDERAL PROGRAMS. Each 
Federal agency shall conduct its programs, policies, and activities that 
substantially affect human health or the environment, in a manner that 
ensures that such programs, policies, and activities do not have the 
effect of excluding persons (including populations) from participation 
in, denying persons (including populations) the benefits of, or 
subjecting persons (including populations) to discrimination under, such 
programs, policies, and activities, because of their race, color, or 
national origin.
    Sec. 3-3. RESEARCH, DATA COLLECTION, AND ANALYSIS.
    3-301. Human Health and Environmental Research and Analysis. (a) 
Environmental human health research, whenever practicable and 
appropriate, shall include diverse segments of the population in 
epidemiological and clinical studies, including segments at high risk 
from environmental hazards, such as minority populations, low-income 
populations and workers who may be exposed to substantial environmental 
hazards.
    (b) Environmental human health analyses, whenever practicable and 
appropriate, shall identify multiple and cumulative exposures.
    (c) Federal agencies shall provide minority populations and low-
income populations the opportunity to comment on the development and 
design of research strategies undertaken pursuant to this order.
    3-302. Human Health and Environmental Data Collection and Analysis. 
To the extent permitted by existing law, including the Privacy Act, as 
amended (5 U.S.C. section 552a): (a) each Federal agency, whenever 
practicable and appropriate, shall collect, maintain, and analyze 
information assessing and comparing environmental and human health risks 
borne by populations identified by race, national origin, or income. To 
the extent practical and appropriate, Federal agencies shall use this 
information to determine whether their programs, policies, and 
activities have disproportionately high and adverse human health or 
environmental effects on minority populations and low-income 
populations;
    (b) In connection with the development and implementation of agency 
strategies in section 1-103 of this order, each Federal agency, whenever 
practicable and appropriate, shall collect, maintain and analyze 
information on the race, national origin, income level, and other 
readily accessible and appropriate information for areas surrounding 
facilities or sites expected to have a substantial environmental, human 
health, or economic effect on the surrounding populations, when such 
facilities or sites become the subject of a substantial Federal 
environmental administrative or judicial action. Such information shall 
be made available to the public, unless prohibited by law; and
    (c) Each Federal agency, whenever practicable and appropriate, shall 
collect, maintain, and analyze information on the race, national origin, 
income level, and other readily accessible and appropriate information 
for areas surrounding Federal facilities that are: (1) subject to the 
reporting requirements under the Emergency Planning and Community Right-
to-Know Act, 42 U.S.C. section 11001-11050 as mandated in Executive 
Order No. 12856 [42 U.S.C. 11001 note]; and (2) expected to have a 
substantial environmental, human health, or economic effect on 
surrounding populations. Such information shall be made available to the 
public, unless prohibited by law.
    (d) In carrying out the responsibilities in this section, each 
Federal agency, whenever practicable and appropriate, shall share 
information and eliminate unnecessary duplication of efforts through the 
use of existing data systems and cooperative agreements among Federal 
agencies and with State, local, and tribal governments.
    Sec. 4-4. SUBSISTENCE CONSUMPTION OF FISH AND WILDLIFE.
    4-401. Consumption Patterns. In order to assist in identifying the 
need for ensuring protection of populations with differential patterns 
of subsistence consumption of fish and wildlife, Federal agencies, 
whenever practicable and appropriate, shall collect, maintain, and 
analyze information on the consumption patterns of populations who 
principally rely on fish and/or wildlife for subsistence. Federal 
agencies shall communicate to the public the risks of those consumption 
patterns.
    4-402. Guidance. Federal agencies, whenever practicable and 
appropriate, shall work in a coordinated manner to publish guidance 
reflecting the latest scientific information available concerning 
methods for evaluating the human health risks associated with the 
consumption of pollutant-bearing fish or wildlife. Agencies shall 
consider such guidance in developing their policies and rules.
    Sec. 5-5. PUBLIC PARTICIPATION AND ACCESS TO INFORMATION. (a) The 
public may submit recommendations to Federal agencies relating to the 
incorporation of environmental justice principles into Federal agency 
programs or policies. Each Federal agency shall convey such 
recommendations to the Working Group.
    (b) Each Federal agency may, whenever practicable and appropriate, 
translate crucial public documents, notices, and hearings relating to 
human health or the environment for limited English speaking 
populations.
    (c) Each Federal agency shall work to ensure that public documents, 
notices, and hearings relating to human health or the environment are 
concise, understandable, and readily accessible to the public.
    (d) The Working Group shall hold public meetings, as appropriate, 
for the purpose of fact-finding, receiving public comments, and 
conducting inquiries concerning environmental justice. The Working Group 
shall prepare for public review a summary of the comments and 
recommendations discussed at the public meetings.
    Sec. 6-6. GENERAL PROVISIONS.
    6-601. Responsibility for Agency Implementation. The head of each 
Federal agency shall be responsible for ensuring compliance with this 
order. Each Federal agency shall conduct internal reviews and take such 
other steps as may be necessary to monitor compliance with this order.
    6-602. Executive Order No. 12250. This Executive order is intended 
to supplement but not supersede Executive Order No. 12250 [42 U.S.C. 
2000d-1 note], which requires consistent and effective implementation of 
various laws prohibiting discriminatory practices in programs receiving 
Federal financial assistance. Nothing herein shall limit the effect or 
mandate of Executive Order No. 12250.
    6-603. Executive Order No. 12875. This Executive order is not 
intended to limit the effect or mandate of Executive Order No. 12875 
[former 5 U.S.C. 601 note].
    6-604. Scope. For purposes of this order, Federal agency means any 
agency on the Working Group, and such other agencies as may be 
designated by the President, that conducts any Federal program or 
activity that substantially affects human health or the environment. 
Independent agencies are requested to comply with the provisions of this 
order.
    6-605. Petitions for Exemptions. The head of a Federal agency may 
petition the President for an exemption from the requirements of this 
order on the grounds that all or some of the petitioning agency's 
programs or activities should not be subject to the requirements of this 
order.
    6-606. Native American Programs. Each Federal agency responsibility 
set forth under this order shall apply equally to Native American 
programs. In addition, the Department of the Interior, in coordination 
with the Working Group, and, after consultation with tribal leaders, 
shall coordinate steps to be taken pursuant to this order that address 
Federally-recognized Indian Tribes.
    6-607. Costs. Unless otherwise provided by law, Federal agencies 
shall assume the financial costs of complying with this order.
    6-608. General. Federal agencies shall implement this order 
consistent with, and to the extent permitted by, existing law.
    6-609. Judicial Review. This order is intended only to improve the 
internal management of the executive branch and is not intended to, nor 
does it create any right, benefit, or trust responsibility, substantive 
or procedural, enforceable at law or equity by a party against the 
United States, its agencies, its officers, or any person. This order 
shall not be construed to create any right to judicial review involving 
the compliance or noncompliance of the United States, its agencies, its 
officers, or any other person with this order.
                                                     William J. Clinton.

  Ex. Ord. No. 13045. Protection of Children From Environmental Health 
                         Risks and Safety Risks

    Ex. Ord. No. 13045, Apr. 21, 1997, 62 F.R. 19885, provided:
    By the authority vested in me as President by the Constitution and 
the laws of the United States of America, it is hereby ordered as 
follows:
    Section 1. Policy.
    1-101. A growing body of scientific knowledge demonstrates that 
children may suffer disproportionately from environmental health risks 
and safety risks. These risks arise because: children's neurological, 
immunological, digestive, and other bodily systems are still developing; 
children eat more food, drink more fluids, and breathe more air in 
proportion to their body weight than adults; children's size and weight 
may diminish their protection from standard safety features; and 
children's behavior patterns may make them more susceptible to accidents 
because they are less able to protect themselves. Therefore, to the 
extent permitted by law and appropriate, and consistent with the 
agency's mission, each Federal agency:
    (a) shall make it a high priority to identify and assess 
environmental health risks and safety risks that may disproportionately 
affect children; and
    (b) shall ensure that its policies, programs, activities, and 
standards address disproportionate risks to children that result from 
environmental health risks or safety risks.
    1-102. Each independent regulatory agency is encouraged to 
participate in the implementation of this order and comply with its 
provisions.
    Sec. 2. Definitions. The following definitions shall apply to this 
order.
    2-201. ``Federal agency'' means any authority of the United States 
that is an agency under 44 U.S.C. 3502(1) other than those considered to 
be independent regulatory agencies under 44 U.S.C. 3502(5). For purposes 
of this order, ``military departments,'' as defined in 5 U.S.C. 102, are 
covered under the auspices of the Department of Defense.
    2-202. ``Covered regulatory action'' means any substantive action in 
a rulemaking, initiated after the date of this order or for which a 
Notice of Proposed Rulemaking is published 1 year after the date of this 
order, that is likely to result in a rule that may:
    (a) be ``economically significant'' under Executive Order 12866 [5 
U.S.C. 601 note] (a rulemaking that has an annual effect on the economy 
of $100 million or more or would adversely affect in a material way the 
economy, a sector of the economy, productivity, competition, jobs, the 
environment, public health or safety, or State, local, or tribal 
governments or communities); and
    (b) concern an environmental health risk or safety risk that an 
agency has reason to believe may disproportionately affect children.
    2-203. ``Environmental health risks and safety risks'' mean risks to 
health or to safety that are attributable to products or substances that 
the child is likely to come in contact with or ingest (such as the air 
we breath, the food we eat, the water we drink or use for recreation, 
the soil we live on, and the products we use or are exposed to).
    Sec. 3. Task Force on Environmental Health Risks and Safety Risks to 
Children.
    3-301. There is hereby established the Task Force on Environmental 
Health Risks and Safety Risks to Children (``Task Force'').
    3-302. The Task Force will report to the President in consultation 
with the Domestic Policy Council, the National Science and Technology 
Council, the Council on Environmental Quality, and the Office of 
Management and Budget (OMB).
    3-303. Membership. The Task Force shall be composed of the:
    (a) Secretary of Health and Human Services, who shall serve as a Co-
Chair of the Council;
    (b) Administrator of the Environmental Protection Agency, who shall 
serve as a Co-Chair of the Council;
    (c) Secretary of Education;
    (d) Secretary of Labor;
    (e) Attorney General;
    (f) Secretary of Energy;
    (g) Secretary of Housing and Urban Development;
    (h) Secretary of Agriculture;
    (i) Secretary of Transportation;
    (j) Director of the Office of Management and Budget;
    (k) Chair of the Council on Environmental Quality;
    (l) Chair of the Consumer Product Safety Commission;
    (m) Assistant to the President for Economic Policy;
    (n) Assistant to the President for Domestic Policy;
    (o) Assistant to the President and 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, cabinet agencies 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. 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 a period of 4 years from the 
first meeting. At least 6 months prior to the expiration of that period, 
the member agencies shall assess the need for continuation of the Task 
Force or its functions, and make appropriate recommendations to the 
President.
    Sec. 4. Research Coordination and Integration.
    4-401. Within 6 months of the date of this order, the Task Force 
shall develop or direct to be developed a review of existing and planned 
data resources and a proposed plan for ensuring that researchers and 
Federal research agencies have access to information on all research 
conducted or funded by the Federal Government that is related to adverse 
health risks in children resulting from exposure to environmental health 
risks or safety risks. The National Science and Technology Council shall 
review the plan.
    4-402. The plan shall promote the sharing of information on academic 
and private research. It shall include recommendations to encourage that 
such data, to the extent permitted by law, is available to the public, 
the scientific and academic communities, and all Federal agencies.
    Sec. 5. Agency Environmental Health Risk or Safety Risk Regulations.
    5-501. For each covered regulatory action submitted to OMB's Office 
of Information and Regulatory Affairs (OIRA) for review pursuant to 
Executive Order 12866 [5 U.S.C. 601 note], the issuing agency shall 
provide to OIRA the following information developed as part of the 
agency's decisionmaking process, unless prohibited by law:
    (a) an evaluation of the environmental health or safety effects of 
the planned regulation on children; and
    (b) an explanation of why the planned regulation is preferable to 
other potentially effective and reasonably feasible alternatives 
considered by the agency.
    5-502. In emergency situations, or when an agency is obligated by 
law to act more quickly than normal review procedures allow, the agency 
shall comply with the provisions of this section to the extent 
practicable. For those covered regulatory actions that are governed by a 
court-imposed or statutory deadline, the agency 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 an annual 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. The 
Forum shall present the first annual Report to the President, through 
the Director, by July 31, 1997. The Report shall be submitted annually 
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.
                                                     William J. Clinton.

Ex. Ord. No. 13061. Federal Support of Community Efforts Along American 
                             Heritage Rivers

    Ex. Ord. No. 13061, Sept. 11, 1997, 62 F.R. 48445, as amended by Ex. 
Ord. No. 13093, July 27, 1998, 63 F.R. 40357, provided:
    By the authority vested in me as President by the Constitution and 
the laws of the United States of America, including the National 
Environmental Policy Act of 1969 (Public Law 91-190) [42 U.S.C. 4321 et 
seq.], and in order to protect and restore rivers and their adjacent 
communities, it is hereby ordered as follows:
    Section 1. Policies.
    (a) The American Heritage Rivers initiative has three objectives: 
natural resource and environmental protection, economic revitalization, 
and historic and cultural preservation.
    (b) Executive agencies (``agencies''), to the extent permitted by 
law and consistent with their missions and resources, shall coordinate 
Federal plans, functions, programs, and resources to preserve, protect, 
and restore rivers and their associated resources important to our 
history, culture, and natural heritage.
    (c) Agencies shall develop plans to bring increased efficiencies to 
existing and authorized programs with goals that are supportive of 
protection and restoration of communities along rivers.
    (d) In accordance with Executive Order 12630 [5 U.S.C. 601 note], 
agencies shall act with due regard for the protection of private 
property provided for by the Fifth Amendment to the United States 
Constitution. No new regulatory authority is created as a result of the 
American Heritage Rivers initiative. This initiative will not interfere 
with matters of State, local, and tribal government jurisdiction.
    (e) In furtherance of these policies, the President will designate 
rivers that meet certain criteria as ``American Heritage Rivers.''
    (f) It is the policy of the Federal Government that communities 
shall nominate rivers as American Heritage Rivers and the Federal role 
will be solely to support community-based efforts to preserve, protect, 
and restore these rivers and their communities.
    (g) Agencies should, to the extent practicable, help identify 
resources in the private and nonprofit sectors to aid revitalization 
efforts.
    (h) Agencies are encouraged, to the extent permitted by law, to 
develop partnerships with State, local, and tribal governments and 
community and nongovernmental organizations. Agencies will be responsive 
to the diverse needs of different kinds of communities from the core of 
our cities to remote rural areas and shall seek to ensure that the role 
played by the Federal Government is complementary to the plans and work 
being carried out by State, local, and tribal governments. To the extent 
possible, Federal resources will be strategically directed to complement 
resources being spent by these governments.
    (i) Agencies shall establish a method for field offices to assess 
the success of the American Heritage River initiative and provide a 
means to recommend changes that will improve the delivery and 
accessibility of Federal services and programs. Agencies are directed, 
where appropriate, to reduce and make more flexible procedural 
requirements and paperwork related to providing assistance to 
communities along designated rivers.
    (j) Agencies shall commit to a policy under which they will seek to 
ensure that their actions have a positive effect on the natural, 
historic, economic, and cultural resources of American Heritage River 
communities. The policy will require agencies to consult with American 
Heritage River communities early in the planning stages of Federal 
actions, take into account the communities' goals and objectives and 
ensure that actions are compatible with the overall character of these 
communities. Agencies shall seek to ensure that their help for one 
community does not adversely affect neighboring communities. 
Additionally, agencies are encouraged to develop formal and informal 
partnerships to assist communities. Local Federal facilities, to the 
extent permitted by law and consistent with the agencies' missions and 
resources, should provide public access, physical space, technical 
assistance, and other support for American Heritage River communities.
    (k) In addition to providing support to designated rivers, agencies 
will work together to provide information and services to all 
communities seeking support.
    Sec. 2. Process for Nominating an American Heritage River.
    (a) Nomination. Communities, in coordination with their State, 
local, or tribal governments, can nominate their river, river stretch, 
or river confluence for designation as an American Heritage River. When 
several communities are involved in the nomination of the same river, 
nominations will detail the coordination among the interested 
communities and the role each will play in the process. Individuals 
living outside the community may not nominate a river.
    (b) Selection Criteria. Nominations will be judged based on the 
following:
    (1) the characteristics of the natural, economic, agricultural, 
scenic, historic, cultural, or recreational resources of the river that 
render it distinctive or unique;
    (2) the effectiveness with which the community has defined its plan 
of action and the extent to which the plan addresses, either through 
planned actions or past accomplishments, all three American Heritage 
Rivers objectives, which are set forth in section 1(a) of this order;
    (3) the strength and diversity of community support for the 
nomination as evidenced by letters from elected officials; landowners; 
private citizens; businesses; and especially State, local, and tribal 
governments. Broad community support is essential to receiving the 
American Heritage River designation; and
    (4) willingness and capability of the community to forge 
partnerships and agreements to implement their plan to meet their goals 
and objectives.
    (c) Recommendation Process.
    The Chair of the Council on Environmental Quality (``CEQ'') shall 
develop a fair and objective procedure to obtain the views of a diverse 
group of experts for the purpose of making recommendations to the 
President as to which rivers shall be designated. These experts shall 
reflect a variety of viewpoints, such as those representing natural, 
cultural, and historic resources; scenic, environmental, and recreation 
interests; tourism, transportation, and economic development interests; 
and industries such as agriculture, hydropower, manufacturing, mining, 
and forest management. The Chair of the CEQ will ensure that the rivers 
recommended represent a variety of stream sizes, diverse geographical 
locations, and a wide range of settings from urban to rural and ensure 
that relatively pristine, successful revitalization efforts are 
considered as well as degraded rivers in need of restoration.
    (d) Designation.
    (1) The President will designate certain rivers as American Heritage 
Rivers. Based on the receipt of a sufficient number of qualified 
nominations, up to 20 rivers will be designated in the first phase of 
the initiative.
    (2) The Interagency Committee provided for in section 3 of this 
order shall develop a process by which any community that nominates and 
has its river designated may have this designation terminated at its 
request.
    (3) Upon a determination by the Chair of the CEQ that a community 
has failed to implement its plan, the Chair may recommend to the 
President that a designation be revoked. The Chair shall notify the 
community at least 30 days prior to making such a recommendation to the 
President. Based on that recommendation, the President may revoke the 
designation.
    Sec. 3. Establishment of an Interagency Committee. There is hereby 
established the American Heritage Rivers Interagency Committee 
(``Committee''). The Committee shall have two co-chairs. The Chair of 
the CEQ shall be a permanent co-chair. The other co-chair will rotate 
among the heads of the agencies listed below.
    (a) The Committee shall be composed of the following members or 
their designees at the Assistant Secretary level or equivalent:
    (1) The Secretary of Defense;
    (2) The Attorney General;
    (3) The Secretary of the Interior;
    (4) The Secretary of Agriculture;
    (5) The Secretary of Commerce;
    (6) The Secretary of Housing and Urban Development;
    (7) The Secretary of Transportation;
    (8) The Secretary of Energy;
    (9) The Administrator of the Environmental Protection Agency;
    (10) The Chair of the Advisory Council on Historic Preservation;
    (11) The Chairperson of the National Endowment for the Arts; and
    (12) The Chairperson of the National Endowment for the Humanities.
    The Chair of the CEQ may invite to participate in meetings of the 
Committee, representatives of other agencies, as appropriate.
    (b) The Committee shall:
    (1) establish formal guidelines for designation as an American 
Heritage River;
    (2) periodically review the actions of agencies in support of the 
American Heritage Rivers;
    (3) report to the President on the progress, accomplishments, and 
effectiveness of the American Heritage Rivers initiative; and
    (4) perform other duties as directed by the Chair of the CEQ.
    Sec. 4. Responsibilities of the Federal Agencies. Consistent with 
Title I of the National Environmental Policy Act of 1969 [42 U.S.C. 4331 
et seq.], agencies shall:
    (a) identify their existing programs and plans that give them the 
authority to offer assistance to communities involved in river 
conservation and community health and revitalization;
    (b) to the extent practicable and permitted by law and regulation, 
refocus programs, grants, and technical assistance to provide support 
for communities adjacent to American Heritage Rivers;
    (c) identify all technical tools, including those developed for 
purposes other than river conservation, that can be applied to river 
protection, restoration, and community revitalization;
    (d) provide access to existing scientific data and information to 
the extent permitted by law and consistent with the agencies mission and 
resources;
    (e) cooperate with State, local, and tribal governments and 
communities with respect to their activities that take place in, or 
affect the area around, an American Heritage River;
    (f) commit to a policy, as set forth in section 1(j) of this order, 
in making decisions affecting the quality of an American Heritage River;
    (g) select from among all the agencies a single individual called 
the ``River Navigator,'' for each river that is designated an American 
Heritage River, with whom the communities can communicate goals and 
needs and who will facilitate community-agency interchange;
    (h) allow public access to the river, for agencies with facilities 
along American Heritage Rivers, to the extent practicable and consistent 
with their mission; and
    (i) cooperate, as appropriate, with communities on projects that 
protect or preserve stretches of the river that are on Federal property 
or adjacent to a Federal facility.
    Sec. 5. Responsibilities of the Committee and the Council on 
Environmental Quality. The CEQ shall serve as Executive agent for the 
Committee, and the CEQ and the Committee shall ensure the implementation 
of the policies and purposes of this initiative.
    Sec. 6. Definition. For the purposes of this order, Executive agency 
means any agency on the Committee and such other agency as may be 
designated by the President.
    Sec. 7. Judicial Review. This order does not create any right or 
benefit, substantive or procedural, enforceable by any party against the 
United States, its agencies or instrumentalities, its officers or 
employees, or any other person.
                                                     William J. Clinton.

    Ex. Ord. No. 13080. American Heritage Rivers Initiative Advisory 
                                Committee

    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, provided:
    By the authority vested in me as President by the Constitution and 
the laws of the United States, including the Federal Advisory Committee 
Act, 5 U.S.C. App., as amended, it is hereby ordered as follows:
    Section 1. Establishment. There is hereby established the American 
Heritage Rivers Initiative Advisory Committee (``Committee''). The 
Committee shall consist of up to 20 members appointed by the President 
from the public and private sectors. Each member of the Committee shall 
be a person who, as a result of his or her training, experience, and 
attainments, is well qualified to appraise the quality of nominations 
for selection of rivers as American Heritage Rivers submitted by 
communities across the country. The expertise of members of the 
Committee shall be in areas such as natural, cultural, and historic 
resources; water quality; public health; scenic and recreation 
interests; tourism and economic development interests; industry; and 
agriculture. The President shall designate a Chair from among the 
members of the Committee.
    Sec. 2. (a) The Committee shall review nominations from communities 
and recommend to the President up to 20 rivers for consideration for 
designation as American Heritage Rivers. From the rivers recommended for 
consideration, the President shall designate up to 20 as American 
Heritage Rivers.
    (b) In its review of nominations submitted by communities, the 
Committee shall provide its assessment of:
        (1) The scope of each nomination's application and the adequacy 
    of its design to achieve the community's goals;
        (2) Whether the natural, economic (including agricultural), 
    scenic, historic, cultural, and/or recreational resources featured 
    in the application are distinctive or unique;
        (3) The extent to which the community's plan of action is 
    clearly defined and the extent to which the plan addresses all three 
    American Heritage Rivers objectives--natural resource and 
    environmental protection, economic revitalization, and historic and 
    cultural preservation--either through planned actions or past 
    accomplishments, as well as any other characteristics of the 
    proposals that distinguish a nomination, such as:
            (A) Community vision and partnership;
            (B) Sustainability of products and projects, including 
        project maintenance;
            (C) Resources, both committed and anticipated, including 
        means of generating additional support from both private and 
        public sources;
            (D) Anticipated Federal role as defined by the applicants;
            (E) Schedule or timeline;
            (F) Citizen involvement;
            (G) Public education relating to the designation of the 
        river;
            (H) Logistical support, operating procedures, and policies;
            (I) Prior accomplishments, if relevant, and relationship to 
        existing plans and projects in the area; and
            (J) Measures of performance.
        (4) The strength and diversity of support for the nomination and 
    plan of action as evidenced by letters from local and State 
    governments, Indian tribes, elected officials, any and all parties 
    who participate in the life and health of the area to be nominated, 
    or who have an interest in the economic life and cultural and 
    environmental vigor of the involved community.
    (c) The Committee also should seek to recommend the selection of 
rivers that as a group:
        (1) Represent the natural, historic, cultural, social, economic, 
    and agricultural diversity of American rivers;
        (2) Showcase a variety of stream sizes and an assortment of 
    urban, rural, and mixed settings from around the country, including 
    both relatively pristine and degraded rivers;
        (3) Highlight a variety of innovative programs in such areas as 
    historic preservation, sustainable development through tourism, 
    wildlife management, fisheries restoration, recreation, community 
    revitalization, agricultural practices, and flood plain and 
    watershed management;
        (4) Include community efforts in early stages of development as 
    well as those that are more well established; and
        (5) Stand to benefit from targeted Federal assistance.
    (d) The Committee shall report its recommendations for selection of 
rivers as American Heritage Rivers to the President through the Chair of 
the Council on Environmental Quality.
    Sec. 3. Administration. (a) The heads of executive departments and 
agencies shall provide the Committee, to the extent practicable and 
permitted by law, such information with respect to river revitalization 
as the Committee requires to fulfill its functions.
    (b) The Committee shall be supported both administratively and 
financially by the Secretary of Defense, acting through the Assistant 
Secretary of the Army for Civil Works.
    Sec. 4. General. The Committee shall terminate no later than 2 years 
from the date of this order. The Chair of the Committee, with the 
approval of the designated Federal officer, shall call meetings of the 
American Heritage Rivers Initiative Advisory Committee.
                                                     William J. Clinton.

         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, 13080, and 13093 [set out 
above], I hereby designate the following American Heritage Rivers:
        <bullet> The Blackstone and Woonasquatucket Rivers, in the 
    States of Massachusetts and Rhode Island;
        <bullet> The Connecticut River, in the States of Connecticut, 
    Massachusetts, New Hampshire, and Vermont;
        <bullet> The Cuyahoga River, in the State of Ohio;
        <bullet> The Detroit River, in the State of Michigan;
        <bullet> The Hanalei River, in the State of Hawaii;
        <bullet> The Hudson River, in the State of New York;
        <bullet> The Upper Mississippi River, in the States of Illinois, 
    Iowa, Minnesota, Missouri, and Wisconsin;
        <bullet> The Lower Mississippi River, in the States of Louisiana 
    and Tennessee;
        <bullet> The New River, in the States of North Carolina, 
    Virginia, and West Virginia;
        <bullet> The Rio Grande, in the State of Texas;
        <bullet> The Potomac River, in the District of Columbia and the 
    States of Maryland, Pennsylvania, Virginia, and West Virginia;
        <bullet> The St. Johns River, in the State of Florida;
        <bullet> The Upper Susquehanna and Lackawanna Rivers, in the 
    State of Pennsylvania;
        <bullet> 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, provided:
    By the authority vested in me as President by the Constitution and 
the laws of the United States of America, including the National 
Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et seq.), 
Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990, as 
amended (16 U.S.C. 4701 et seq.), Lacey Act, as amended (18 U.S.C. 42), 
Federal Plant Pest Act (7 U.S.C. 150aa et seq.), Federal Noxious Weed 
Act of 1974, as amended (7 U.S.C. 2801 et seq.), Endangered Species Act 
of 1973, as amended (16 U.S.C. 1531 et seq.), and other pertinent 
statutes, to prevent the introduction of invasive species and provide 
for their control and to minimize the economic, ecological, and human 
health impacts that invasive species cause, it is ordered as follows:
    Section 1. Definitions.
    (a) ``Alien species'' means, with respect to a particular ecosystem, 
any species, including its seeds, eggs, spores, or other biological 
material capable of propagating that species, that is not native to that 
ecosystem.
    (b) ``Control'' means, as appropriate, eradicating, suppressing, 
reducing, or managing invasive species populations, preventing spread of 
invasive species from areas where they are present, and taking steps 
such as restoration of native species and habitats to reduce the effects 
of invasive species and to prevent further invasions.
    (c) ``Ecosystem'' means the complex of a community of organisms and 
its environment.
    (d) ``Federal agency'' means an executive department or agency, but 
does not include independent establishments as defined by 5 U.S.C. 104.
    (e) ``Introduction'' means the intentional or unintentional escape, 
release, dissemination, or placement of a species into an ecosystem as a 
result of human activity.
    (f) ``Invasive species'' means an alien species whose introduction 
does or is likely to cause economic or environmental harm or harm to 
human health.
    (g) ``Native species'' means, with respect to a particular 
ecosystem, a species that, other than as a result of an introduction, 
historically occurred or currently occurs in that ecosystem.
    (h) ``Species'' means a group of organisms all of which have a high 
degree of physical and genetic similarity, generally interbreed only 
among themselves, and show persistent differences from members of allied 
groups of organisms.
    (i) ``Stakeholders'' means, but is not limited to, State, tribal, 
and local government agencies, academic institutions, the scientific 
community, nongovernmental entities including environmental, 
agricultural, and conservation organizations, trade groups, commercial 
interests, and private landowners.
    (j) ``United States'' means the 50 States, the District of Columbia, 
Puerto Rico, Guam, and all possessions, territories, and the territorial 
sea of the United States.
    Sec. 2. Federal Agency Duties. (a) Each Federal agency whose actions 
may affect the status of invasive species shall, to the extent 
practicable and permitted by law,
    (1) identify such actions;
    (2) subject to the availability of appropriations, and within 
Administration budgetary limits, use relevant programs and authorities 
to: (i) prevent the introduction of invasive species; (ii) detect and 
respond rapidly to and control populations of such species in a cost-
effective and environmentally sound manner; (iii) monitor invasive 
species populations accurately and reliably; (iv) provide for 
restoration of native species and habitat conditions in ecosystems that 
have been invaded; (v) conduct research on invasive species and develop 
technologies to prevent introduction and provide for environmentally 
sound control of invasive species; and (vi) promote public education on 
invasive species and the means to address them; and
    (3) not authorize, fund, or carry out actions that it believes are 
likely to cause or promote the introduction or spread of invasive 
species in the United States or elsewhere unless, pursuant to guidelines 
that it has prescribed, the agency has determined and made public its 
determination that the benefits of such actions clearly outweigh the 
potential harm caused by invasive species; and that all feasible and 
prudent measures to minimize risk of harm will be taken in conjunction 
with the actions.
    (b) Federal agencies shall pursue the duties set forth in this 
section in consultation with the Invasive Species Council, consistent 
with the Invasive Species Management Plan and in cooperation with 
stakeholders, as appropriate, and, as approved by the Department of 
State, when Federal agencies are working with international 
organizations and foreign nations.
    Sec. 3. Invasive Species Council. (a) An Invasive Species Council 
(Council) is hereby established whose members shall include the 
Secretary of State, the Secretary of the Treasury, the Secretary of 
Defense, the Secretary of the Interior, the Secretary of Agriculture, 
the Secretary of Commerce, the Secretary of Transportation, and the 
Administrator of the Environmental Protection Agency. The Council shall 
be Co-Chaired by the Secretary of the Interior, the Secretary of 
Agriculture, and the Secretary of Commerce. The Council may invite 
additional Federal agency representatives to be members, including 
representatives from subcabinet bureaus or offices with significant 
responsibilities concerning invasive species, and may prescribe special 
procedures for their participation. The Secretary of the Interior shall, 
with concurrence of the Co-Chairs, appoint an Executive Director of the 
Council and shall provide the staff and administrative support for the 
Council.
    (b) The Secretary of the Interior shall establish an advisory 
committee under the Federal Advisory Committee Act, 5 U.S.C. App., to 
provide information and advice for consideration by the Council, and 
shall, after consultation with other members of the Council, appoint 
members of the advisory committee representing stakeholders. Among other 
things, the advisory committee shall recommend plans and actions at 
local, tribal, State, regional, and ecosystem-based levels to achieve 
the goals and objectives of the Management Plan in section 5 of this 
order. The advisory committee shall act in cooperation with stakeholders 
and existing organizations addressing invasive species. The Department 
of the Interior shall provide the administrative and financial support 
for the advisory committee.
    Sec. 4. Duties of the Invasive Species Council. The Invasive Species 
Council shall provide national leadership regarding invasive species, 
and shall:
    (a) oversee the implementation of this order and see that the 
Federal agency activities concerning invasive species are coordinated, 
complementary, cost-efficient, and effective, relying to the extent 
feasible and appropriate on existing organizations addressing invasive 
species, such as the Aquatic Nuisance Species Task Force, the Federal 
Interagency Committee for the Management of Noxious and Exotic Weeds, 
and the Committee on Environment and Natural Resources;
    (b) encourage planning and action at local, tribal, State, regional, 
and ecosystem-based levels to achieve the goals and objectives of the 
Management Plan in section 5 of this order, in cooperation with 
stakeholders and existing organizations addressing invasive species;
    (c) develop recommendations for international cooperation in 
addressing invasive species;
    (d) develop, in consultation with the Council on Environmental 
Quality, guidance to Federal agencies pursuant to the National 
Environmental Policy Act on prevention and control of invasive species, 
including the procurement, use, and maintenance of native species as 
they affect invasive species;
    (e) facilitate development of a coordinated network among Federal 
agencies to document, evaluate, and monitor impacts from invasive 
species on the economy, the environment, and human health;
    (f) facilitate establishment of a coordinated, up-to-date 
information-sharing system that utilizes, to the greatest extent 
practicable, the Internet; this system shall facilitate access to and 
exchange of information concerning invasive species, including, but not 
limited to, information on distribution and abundance of invasive 
species; life histories of such species and invasive characteristics; 
economic, environmental, and human health impacts; management 
techniques, and laws and programs for management, research, and public 
education; and
    (g) prepare and issue a national Invasive Species Management Plan as 
set forth in section 5 of this order.
    Sec. 5. Invasive Species Management Plan. (a) Within 18 months after 
issuance of this order, the Council shall prepare and issue the first 
edition of a National Invasive Species Management Plan (Management 
Plan), which shall detail and recommend performance-oriented goals and 
objectives and specific measures of success for Federal agency efforts 
concerning invasive species. The Management Plan shall recommend 
specific objectives and measures for carrying out each of the Federal 
agency duties established in section 2(a) of this order and shall set 
forth steps to be taken by the Council to carry out the duties assigned 
to it under section 4 of this order. The Management Plan shall be 
developed through a public process and in consultation with Federal 
agencies and stakeholders.
    (b) The first edition of the Management Plan shall include a review 
of existing and prospective approaches and authorities for preventing 
the introduction and spread of invasive species, including those for 
identifying pathways by which invasive species are introduced and for 
minimizing the risk of introductions via those pathways, and shall 
identify research needs and recommend measures to minimize the risk that 
introductions will occur. Such recommended measures shall provide for a 
science-based process to evaluate risks associated with introduction and 
spread of invasive species and a coordinated and systematic risk-based 
process to identify, monitor, and interdict pathways that may be 
involved in the introduction of invasive species. If recommended 
measures are not authorized by current law, the Council shall develop 
and recommend to the President through its Co-Chairs legislative 
proposals for necessary changes in authority.
    (c) The Council shall update the Management Plan biennially and 
shall concurrently evaluate and report on success in achieving the goals 
and objectives set forth in the Management Plan. The Management Plan 
shall identify the personnel, other resources, and additional levels of 
coordination needed to achieve the Management Plan's identified goals 
and objectives, and the Council shall provide each edition of the 
Management Plan and each report on it to the Office of Management and 
Budget. Within 18 months after measures have been recommended by the 
Council in any edition of the Management Plan, each Federal agency whose 
action is required to implement such measures shall either take the 
action recommended or shall provide the Council with an explanation of 
why the action is not feasible. The Council shall assess the 
effectiveness of this order no less than once each 5 years after the 
order is issued and shall report to the Office of Management and Budget 
on whether the order should be revised.
    Sec. 6. Judicial Review and Administration. (a) This order is 
intended only to improve the internal management of the executive branch 
and is not intended to create any right, benefit, or trust 
responsibility, substantive or procedural, enforceable at law or equity 
by a party against the United States, its agencies, its officers, or any 
other person.
    (b) Executive Order 11987 of May 24, 1977, is hereby revoked.
    (c) The requirements of this order do not affect the obligations of 
Federal agencies under 16 U.S.C. 4713 with respect to ballast water 
programs.
    (d) The requirements of section 2(a)(3) of this order shall not 
apply to any action of the Department of State or Department of Defense 
if the Secretary of State or the Secretary of Defense finds that 
exemption from such requirements is necessary for foreign policy or 
national security reasons.
                                                     William J. Clinton.
