METHODOLOGY This report on the Council on Environmental Quality is the result of a study conducted from February through May 1976 by a staff member of the Committee on Interior and Insular Affairs working in consultation with the Environmental Policy Division of the Congressional Research Service of the Library of Congress (CRS). During this four-month period, fourteen Congressional documents, seven CEQ publications, three books and thirteen articles or papers, were read for information and opinions on the Council. A bibliography of materials on the National Environmental Policy Act, compiled by CRS, provided a starting point for independent research by Interior Committee staff. On March 10, 1976, responding to a February 11th request of Senator Jackson, the Council's Staff Director sent an organizational chart and list of professional staff members, including their backgrounds, responsibilities and terms of service, to the Committee. On March 16, 1976, Senators Jackson and Fannin wrote to Chairman Russell Peterson requesting his cooperation with the Committee's legislative oversight effort and arranging for Miss Deborah Merrick to conduct interviews with the staff and members of the Council. A copy of that letter is included at the conclusion of this prologue. A list of interview questions was developed with the assistance of Wallace D. Bowman and H. Steven Hughes of the CRS and the first interview was held with the Staff Director of the Council. He then scheduled meetings for Miss Merrick with eight other staff members and the three Council members. The dates of the interviews and names of the interviewees are listed below: April 5, 1976: Steven D. Jellinek, Staff Director April 6, 1976: Edwin H. Clark, III, Senior Economist; James J. Reisa, Jr., Staff Member April 12, 1976: Gary L. Widman, General Counsel (recently resigned) April 16, 1976: William Matuszeski, Assistant Staff Director May 20, 1976: Russell Peterson, Chairman (recently resigned); May 24, 1976: Lee M. Talbot, Assistant to the Chairman for International and Scientific Affairs; John A. Busterud, Council Member Many of the persons interviewed provided supplementary written information which was also studied. Some of this information is included in the Appendices of the report. After completing the series of interviews and her study of the written materials listed in the report's bibliography, Miss Merrick organized the information she had compiled into a format intended to be useful for Committee oversight hearings. This report is intended to identify areas of the Council's experience and performance which might warrant further investigation and discussion in Committee hearings. It is, therefore, intended to serve the needs of the Commttee members and staff in preparing for oversight hearings. While an effort has been made to place the questions raised by the report into context, the report is not, and was not intended to be, a comprehensive statement of the activities and accomplishments of the Council on Environmental Qualtiy. The seven annual reports of the Council should be consulted for further discussion of environmental issues and the Council's views. This report was informally reviewed in draft by appropriate staff members of the Environmental Policy Division of the CRS and by the General Council and Staff Director of CEQ. An effort has been made to accommodate the comments received particularly those which were corrections to the text. The staff of CEQ, however, was in general disagreement with both the findings and presentation of the report. Inasmuch as the intention of the report is to identify areas of inquiry for oversight hearings, the staff of CEQ and others who may disagree in whole or in part with the report may appropriately respond in the hearings. The Committee also invites any written communications commenting on the report. U.S. SENATE, COMMITTEE ON INTERIOR AND INSULAR AFFAIRS, Hon. RUSSELL W. PETERSON, Chairman, Council on Environmental Quality DEAR CHAIRMAN PETERSON: It has now been more than six years since the enactment of the National Environmental Policy Act. The Senate Committee on Interior and Insular Affairs believes that it would be appropriate to review the performance of the Council on Environmental Quality in light of the experience which has now been gained under the Act. As background for possible committee oversight hearings later this year, we have requested the committee staff to prepare a study on the Council's execution of its responsibilities under the NEPA. We have asked Ms. Deborah Merrick of the committee staff to conduct a series of interviews with appropriate members of your staff and members of the Council concerning the Council's activities. She will be assisted by the Environmental Policy Division of the Congressonal Research Service and such other members of the committee staff as may appear useful concerning specific issues. Dr. Daniel Dreyfus, Deputy Staff Director of the Committee will be contacting you about the interviews. We are requesting your assistance and cooperation with this study. We believe that a legislative oversight review can be of great assistance to both the Council and the Committee. Sincerely, HENRY M. JACKSON, PAUL J. FANNIN, Ranking Minority Member. D. Organizational chart- THE COUNCIL ON ENVIRONMENTAL QUALITY-OVERSIGHT REPORT I. SUMMARY INTRODUCTION The Council on Environmental Quality was created by the National Environmental Policy Act of 1969. It was given a wide range of responsibilities by NEPA, the Environmental Quality Improvement Act of 1970 and Executive Order 11514 of 1970. The Council's current performance of these responsibilities is the central topic of this report. The CEQ is a branch of the Executive Office of the President. The internal organization is headed by the three Council members and their Executive Office and consists of the office of the Staff Director, the Office of the General Counsel, the Office of the Assistant to the Chairman for International Affairs, and the Administrative Office. The Chairman of CEQ, Russell W. Peterson, was appointed by the President in 1973. Council members Dr. Beatrice E. Willard and John A. Busterud have been with the Council since 1972. Mr. Peterson resigned in September 1976 and was replaced by Mr. Busterud. The Environmental Quality Improvement Act makes it clear that the Chairman has primary responsibility for the work of the Council but the statutes leave the duties of the other two members undefined. The Council has been allocated 40 permanent staff positions for the current fiscal year, a reduction of 25 positions from its greatest size in 1972. Most of the staff members work in the Office of the Staff Director where they are assigned responsibility for policy analysis and other NEPA duties in a "functional area"-land-use, air pollution, etc.within the realm of environmental policy. The General Counsel's Office is responsible for the review of legislative and regulatory matters regarding the implementation and interpretation of NEPA. The Office of Assistant to the Chairman for International and Scientific Affairs, includes a scientist staff member and two international officers. In addition, the Council is directed by statute to consult with the Citizen's Advisory Committee on Environmental Quality which was established by Executive Order 11472 in 1969. The Council is funded under two statutes; NEPA contains a continuing authorization of $1 million, and EQIA provides a 2-year authorization at a level of a $3 million authorization through fiscal year 1978. MAJOR ACTIVITIES The responsibilities of the Council on Environmental Quality, as derived from NEPA, EQIA and Executive Order 11514, can be organized into three categories of "major activities." These are: over |