Environmental statement on the proposed Electric Power 459 Environmental statements on applications for license amend- 260 General policy and interpretation. 81 Letter and attachments, dated November 30, 1970, addressed 78 Letters from John N. Nassikas to Hon. Russell E. Train: April 16, 1970__ 263 June 1, 1970 265 List of dates and appearances before congressional committees.. 217 222 News Release No. 17151 of FPC___ 245 Opinion No. 584-Opinion and order issuing license under part 271 Professional qualifications of Frederick H. Warren 226 Professional qualifications of Robert M. Jimeson.... 227 Staff environmental recommendations in noncontested hydro- Inspection of leased buildings for sources of pollution. statement. Housing and Urban Development, land planning principles, from FHA Analysis of Draft Environmental Impact Statement on the Comments of Federal agencies received pursuant to September 1251 910 1070 1267 580 Editorial from the Atlanta Journal and the Atlanta Constitution 507 Effect of Reorganization Plan No. 4. 530 Environmental impact statement, Draft, for the Trans-Alaska Pipeline, section 102(2)(C) of the National Environmental News release-Interior Worked Closely on Oil Lease Sale With Review comments on environmental statements for the selected Charitable status of private litigation to protect the environment.. 1218 1220 Additional material submitted by-Continued Justice Department: Page Cyanide pollution document.... 1153 Draft guidelines for litigation under the Refuse Act permit 1163 Guidelines for litigation under the Refuse Act. 1157 List of Corps of Engineers division and district offices. 1161 List of Federal Water Quality Administration region offices. 1160 1151 Prepared statement of Attorney General John N. Mitchell.. 1155 1154 Moorman, James W., prepared statement. 1025 Peterson, Ronald C., article and notes entitled, "An Analysis of Title 94 91 Sheldon, Mrs. Karin P., Public Interest Research Group, letter with a 1249 1101 Smith, Spencer M., Jr., secretary of the Citizens Committee on 1242 Spensley, James W., public access to "draft" statements. 1117 Speth, J. G., Natural Resources Defense Council, prepared statement... 1244 Transportation Department: Departmental procedures regarding negative declarations--- 151 152 146 Environmental impact statements given final approval prior to 148 Environmental responsibilities beyond the NEPA.. 120 121 Possible combining of retrofitting aircraft to reduce noise and the 135 Communications supplied by Atomic Energy Commission, letter dated October 3, 1970, signed by 207 Chafee, Hon. John H., letter to Russell E. Train, dated December 3, 1970__ 16 Chapman, C. W., letter to the editors of the Atlanta Journal and the 507 Council on Environmental Quality, part of letter on National Environmental Policy Act.. 6 Federal Power Commission: Letter dated May 26, 1970, to Hon. Russell E. Train from the 268 Letter with enclosures dated July 29, 1970, to Hon. Russell E. 392 Interior Department: 553 Letter dated January 23, 1970, signed by Russell E. Train, to 504 Letter and enclosure dated August 29, 1970, signed by Walter J. 156 Letter dated September 22, 1970, signed by Elmer B. Staats to 505 Letter dated December 17, 1969, signed by C. Edward Carlson, 508 Internal Revenue Service, letter dated September 30, 1970, signed by 1217 1150 1259 1261 Communications supplied by-Continued Moorman, James W., letter with attachment dated December 21, 1970, to Ned Everett__ Nassikas, John N.: Letter dated April 16, 1970, to Hon. Russell E. Train.. Letter and attachments dated November 30, 1970, to Senator Price, Harold L., letter dated January 11, 1971, to Hon. John Reuss, Hon. Henry S., chairman, Conservation and Natural Resources State Department, letter dated January 25, 1971, signed by David M. Page 1041 263 265 78 213 89 1096 1146 15 Zech, Capt. Lando W., Navy Department, letter dated March 1, 1971, to Ralph E. Casey 1264 ADMINISTRATION OF THE NATIONAL MONDAY, DECEMBER 7, 1970 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON FISHERIES AND WILDLIFE CONSERVATION OF THE COMMITTEE ON MERCHANT MARINE AND FISHERIES, Washington, D.C. The subcommittee met, pursuant to notice, at 10:10 o'clock in room 1334, Longworth House Office Building, Hon. John D. Dingell, chairman, presiding. Mr. DINGELL. The Subcommittee on Fisheries and Wildlife Conservation will please come to order. This morning the subcommittee is privileged to welcome a distinguished body of Americans to the hearings. The Chair would like particularly to welcome Chairman Train of the Council on Environmental Quality, Dr. MacDonald, a member of the Council, Mr. Tim Atkeson, and the other staff members who are present. As I am sure you are all aware, the Subcommittee on Fisheries and Wildlife Conservation held extensive hearings on, and then reported, the legislation which ultimately resulted in the enactment of Public Law 91-190, known as the National Environmental Policy Act of 1969. Section 102 (2) (C) of the act requires all agencies of the Federal Government, to the fullest extent possible, to include a detailed statement on every recommendation or report on proposals for legislation and other major Federal actions significantly affecting the quality of the human environment. Section 103 of the act requires all agencies of the Federal Government to review their present statutory authority, administrative regulations and current policies and procedures for the purpose of determining whether there are any deficiencies or inconsistencies therein which prohibit full compliance with the purposes and provision of the act. The subcommittee, in exercising its oversight responsibility, is beginning today a series of hearings designed to help determine the effectiveness of the National Environmental Policy Act, and the adequacy of agency responses to sections 102 and 103 of the act, and to determine what changes, if any, may be called for to improve and to articulate the objectives of the act. The Council on Environmental Quality has been asked to appear before the subcommittee today, and Mr. Russell Train, Chairman of the Council, will be our leadoff witness. In following days, we will be hearing from other agencies of Government, including representatives from the Departments of the Interior, Transportation, State, Commerce, Army, Agriculture, Defense, Housing and Urban Devel opment, Justice, Treasury, Health, Education, and Welfare, and Atomic Energy Commission, Federal Power Commission, Environmental Protection Agency, and General Services Administration. The subcommittee also has asked that private organizations and public interest law firms concerned with questions of environmental quality give us the benefit of their experiences under the National Environmental Policy Act. In recent weeks, the question of public access to environmental statements of agencies under section 102 (2) (C) has been very much in the news. The chairman has had occasion to communicate with Chairman Train of the Council, and I am satisfied that to some extent this concern has arisen from inaccurate newspaper stores, but I am also troubled that the public may have on a number of occasions been prevented from seeing environmental impact statements at the earliest possible moment in which, in all candor, I feel they should have been made available to them. It never has been the purpose of this subcommittee, in considering the legislation that resulted in the enactment of the Environmental Policy Act, to create more bureaucratic cubbyholes into which important information on environmental issues might be safely locked away. The Chair does not believe the act is ambiguous on this score, but the Chair is interested in knowing if ambiguities do exist, in which event the Chair will see to it that appropriate review is made in order that the questions involved in the ambiguities might be resolved in favor of public access. If it becomes necessary to articulate this position in the form of clarifying legislation, the chairman will state firmly at this time that this subcommittee will give such legislation early and, I believe, very sympathetic consideration at an early time during the forthcoming session of Congress. Before hearing our first witnesses, the subcommittee would like to invite all individuals and groups who may have knowledge of cases and occasions in which the National Environmental Policy Act has been misapplied or ignored, to bring the matter to the attention of the subcommittee, either in these proceedings or at subsequent times. The subcommittee is anxious to hear of any such instance, and most anxious to assist in seeing to it that the requirements of the act are fully and adequately implemented. Chairman Train, Mr. MacDonald, Mr. Atkeson, and other staff members, the subcommittee extends to you a most cordial and warm welcome at this time, and we will be delighted to receive any comments that you may care to make. STATEMENT OF RUSSELL E. TRAIN, CHAIRMAN, COUNCIL ON ENVIRONMENTAL QUALITY; ACCOMPANIED BY GORDON MacDONALD, MEMBER; TIMOTHY ATKESON, GENERAL COUNSEL: AND WILLIAM REILLY, STAFF ATTORNEY Mr. TRAIN. Mr. Chairman and members of the committee, we welcome this opportunity to make a progress report on the Council's activities to implement the National Environmental Policy Act (NEPA) and more particularly the environmental impact statement requirement in section 102 (2) (C) of that act. While we believe that |