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Environmental statement on the proposed Electric Power
Environmental Policy Act of 1970__.

459

Environmental statements on applications for license amend-
ments__

260

General policy and interpretation.

81

Letter and attachments, dated November 30, 1970, addressed
to Sen. Philip A. Hart..........

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..
Members of the Task Force on the Environment.

217

222

News Release No. 17151 of FPC___

245

Opinion No. 584-Opinion and order issuing license under part
I of the Federal Power Act..

271

Professional qualifications of Frederick H. Warren

226

Professional qualifications of Robert M. Jimeson....

227

Staff environmental recommendations in noncontested hydro-
electric proceedings, 1970.

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Inspection of leased buildings for sources of pollution.
Hannon, Bruce, Committee on Allerton Park, letter with attached
comments, dated December 14, 1970, to Hon. John Dingell...
Hayes, Brig. Gen. George J., Marine Corps, U.S.A., Principal Deputy
Assistant Secretary of Defense, Health and Environment, prepared

statement.

Housing and Urban Development, land planning principles, from FHA
Manual volume VII, book 1..
Interior Department:

Analysis of Draft Environmental Impact Statement on the
Alaska Pipeline by the Conservation Foundation, February 17,
1971___

Comments of Federal agencies received pursuant to September
28, 1970, request for review of the draft environmental state-
ment_

1251

910

1070

1267

580

Editorial from the Atlanta Journal and the Atlanta Constitution
entitled, "The Blackburn Bill".

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
Policy Act of 1969.

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News release-Interior Worked Closely on Oil Lease Sale With

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Review comments on environmental statements for the selected
SCS watershed work plans.......

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Charitable status of private litigation to protect the environment..
Prepared statement of Randolph W. Thrower___

1218

1220

Additional material submitted by-Continued

Justice Department:

Page

Cyanide pollution document....

1153

Draft guidelines for litigation under the Refuse Act permit
program..

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.
Mercury pollution documents...

1160

1151

Prepared statement of Attorney General John N. Mitchell..
Refuse Act cases.

1155

1154

Moorman, James W., prepared statement.

1025

Peterson, Ronald C., article and notes entitled, "An Analysis of Title
I of the National Environmental Policy Act of 1969".
Potter, Frank M., Jr., article entitled, "Public Access to Agency En-
vironmental Statements".

94

91

Sheldon, Mrs. Karin P., Public Interest Research Group, letter with a
combined statement, dated January 4, 1970---
Smith, Anthony Wayne, resumé of experience...

1249

1101

Smith, Spencer M., Jr., secretary of the Citizens Committee on
Natural Resources, prepared statement.......

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---
Distribution of DOT instructions to State and local agencies.
DOT legislative procedures for section 102(2)(C) initiated prior
to January 1, 1970......

151

152

146

Environmental impact statements given final approval prior to
January 1, 1970-

148

Environmental responsibilities beyond the NEPA..
National Environmental Policy Act of 1969__

120

121

Possible combining of retrofitting aircraft to reduce noise and the
reduction of smoke..

135

Communications supplied by

Atomic Energy Commission, letter dated October 3, 1970, signed by
Glenn T. Seaborg, to Russell E. Train__.

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
Atlanta Constitution dated December 7, 1969___

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
Commission secretary..

268

Letter with enclosures dated July 29, 1970, to Hon. Russell E.
Train, signed by Andrew W. McThenia, Jr..

392

Interior Department:
Letters to the Secretary of Agriculture_.

553

Letter dated January 23, 1970, signed by Russell E. Train, to
Hon. Ben B. Blackburn__

504

Letter and enclosure dated August 29, 1970, signed by Walter J.
Hickel, to Hon. Lawrence J. Hogan..

156

Letter dated September 22, 1970, signed by Elmer B. Staats to
Hon. Ben B. Blackburn with enclosures –

505

Letter dated December 17, 1969, signed by C. Edward Carlson,
to C. W. Chapman__

508

Internal Revenue Service, letter dated September 30, 1970, signed by
Russell E. Train to Commissioner Randolph W. Thrower.
Justice Department, letter dated December 7, 1970, signed by William
H. O'Donoghoe, to the Council on Environmental Quality.
Kendeigh, S. Charles, vice chairman, Illinois Nature Preserves Com-
mission, letter dated August 7, 1970, to Russell Train__
Kimball, Thomas L., executive director, National Wildlife Federation,
letter with attachments, dated December 11, 1970, to Hon. John D.
Dingell...

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 dated June 1, 1970 to Hon. Russell E. Train..

Letter and attachments dated November 30, 1970, to Senator
Philip A. Hart___

Price, Harold L., letter dated January 11, 1971, to Hon. John
Dingell.

Reuss, Hon. Henry S., chairman, Conservation and Natural Resources
Subcommittee, letter to Russell E. Train, dated November 24, 1970.
Smith, Anthony Wayne, letter dated November 5, 1970, to Maj. Gen.
F. P. Koisch__

State Department, letter dated January 25, 1971, signed by David M.
Abshire, addressed to Hon. John D. Dingell..
Train, Russell E., Chairman, Council on Environmental Quality,
memorandum on Florida oil dumping by U.S. Navy for Hon. John
H. Chafee, dated December 3, 1970.-

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
ENVIRONMENTAL POLICY ACT

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

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