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Pub. Law 91-190 83 STAT. 855

January 1, 1970

80 Stat. 416. Duties and functions.

SEO. 203. The Council may employ such officers and employees as may be necessary to carry out its functions under this Act. In addition, the Council may employ and fix the compensation of such experts and consultants as may be necessary for the carrying out of its functions under this Act, in accordance with section 3109 of title 5, United States Code (but without regard to the last sentence thereof). SEC. 204. It shall be the duty and function of the Council

(1) to assist and advise the President in the preparation of the Environmental Quality Report required by section 201;

(2) to gather timely and authoritative information concerning the conditions and trends in the quality of the environment both current and prospective, to analyze and interpret such information for the purpose of determining whether such conditions and trends are interfering, or are likely to interfere, with the achievement of the policy set forth in title I of this Act, and to compile and submit to the President studies relating to such conditions and trends;

(3) to review and appraise the various programs and activities of the Federal Government in the light of the policy set forth in title I of this Act for the purpose of determining the extent to which such programs and activities are contributing to the achievement of such policy, and to make recommendations to the President with respect thereto;

(4) to develop and recommend to the President national policies to foster and promote the improvement of environmental quality to meet the conservation, social, economic, health, and other requirements and goals of the Nation;

($) to conduct investigations, studies, surveys, research, and analyses relating to ecological systems and environmental quality;

(6) to document and define changes in the natural environment, including the plant and animal systems, and to accumulate necessary data and other information for a continuing analysis of these changes or trends and an interpretation of their underlying causes;

(7) to report at least once each year to the President on the state and condition of the environment; and

(8) to make and furnish such studies, reports thereon, and recommendations with respect to matters of policy and legisla

tion as the President may request. SEC. 205. In exercising its powers, functions, and duties under this Act, the Council shall

(1) consult with the Citizens' Advisory Committee on Environmental Quality established by Executive Order numbered 11472, dated May 29, 1969, and with such representatives of science, industry, agriculture, labor, conservation organizations, State and local governments and other groups, as it deems advisable; and

(2) utilize, to the fullest extent possible, the services, facilities, and information (including statistical information) of public and private agencies and organizations, and individuals, in order that duplication of effort and expense may be avoided, thus assuring that the Council's activities will not unnecessarily overlap or conflict with similar activities authorized by law and performed by established agencies.

34 F. R. 8693.

January 1, 1970

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Pub. Law 91.190

83 STAT, 856

SEO. 206. Members of the Council shall serve full time and the Tenure and Chairman of the Council shall be compensated at the rate provided compensation. for Lovel II of the Executive Schedule Pay Rates (6 U.S.C. 5313). 80 Stat. 460, The other members of the Council shall be compensated at the rate 461, provided for Level IV or the Executive Schedule Pay Rates (5 U.S.C. 5315).

81 Stat. 638. SEO. 207. There are authorized to be appropriated to carry out the Appropriations. provisions of this Act not to exceed $300,000 for fiscal year 1970, $700,000 for fiscal year 1971, and $1,000,000 for each fiscal year thereafter.

Approved January 1, 1970.


HOUSE REPORTS: No. 91-378, 91-378, pt. 2, accompanying H. R. 12549

(Comm. on Merchant Marine & Fisheries) and 91-765

(Comm. of Conference).
SENATE REPORT NO. 91-296 (Comm. on Interior & Insular Affairs).

July 10. Considered and passed Senate.
Sept. 23: Considered and passed House, amended, in lieu of

H. R. 12549, Oot. 8: Senate disagreed to House amendments; agreed to

oonference, Dec. 20: Senate agreed to conference report. Deo. 22: House agreed to conference report.


Senator BAKER. I also have a letter here, addressed to Hon. Jennings Randolph, chairman of the Committee on Public Works, that I will put into the record. (The letter follows:)


Salt Lake City, Utah, March 1, 1972. Hon. JENNINGS RANDOLPH, Clarksburg, W. Va.

DEAR SENATOR RANDOLPH : In view of the fact that the Committee on Public Works and the Committee on Interior and Insular Affairs are presently holding joint oversight hearings relating to the National Environmental Policy Act, I should like to express to you my concern about some of the activities of the Environmental Protection Agency and the Council on Environmental Quality which were established by that Act. It seems to me that these organizations are losing sight of their most important responsibility: to resolve conflicts on environmental matters in a timely and orderly fashion.

Most everyone endorsed the purpose of the Act: “To declare a national policy which will encourage productive and enjoyable harmony between man and his environment." The E.P.A. and the Council have shown great-and commendable concern for mountains, trees, sparkling clean air, lakes and streams. But, surely, part of our environment also is our homes, offices, factories and stores. Many of us hope and work for an accommodation between these two areas of concern, but it now appears that these agencies act effectively to preserve nature and wildlife with little or no regard to the need for providing the goods and services required to preserve and enhance our American standard of living.

I'm making no specific complaint in the name of Utah Power & Light Company. My primary concern is the trend of the decisions and their ultimate effect upon your constituents and upon our economic health. I'm sure it was not the intent of Congress to establish the E.P.A. as a means of putting power into the hands of the advocates of “no growth.” But the net effect of too much red tape, regulation, surveys—and many of the C.E.Q. decisions——is delay, which leads to slow growth if not “no growth.”

Of course, many of our most useful government agencies are overburdened. Unfortunately, some agencies are overburdened with new non-productive activities not in the best interests of the public. I have written legislators from the area we serve to urge them to examine the trend of results since the Environmental Policy Act was implemented, and to suggest that Congress provide guidance to these agencies and other governmental bodies now contributing to the slowdown of our country's progress. Cordially,

E. A. HUNTER. Senator BAKER. Today we are honored to have Dr. Russell E. Train, who is the Chairman of the Council on Environmental Quality, as our first witness.

Following his testimony, we will have the Chairman of the Atomic Energy Commission, Dr. James R. Schlesinger.

If there are no other opening statements or preliminary remarks, we will proceed to Dr. Train's testimony at this time.



Dr. Train. Thank you, Mr. Chairman.

I welcome this opportunity to review with your committees the implementation of the National Environmental Policy Act-NEPA.

It is particularly appropriate that this be a joint review since your committees have shared in authorizing the Council's activities in NEPA and the Environmental Quality Improvement Act of 1970— and both held hearings on the Council's first annual environmental quality report.

76-248 0.72 - 2


We have also followed the practice of consulting with both your committees before issuing the Council's guidelines on environmental impact statements.

I would like to state in the strongest terms the Council's support for the National Environmental Policy Act and its effective implementation.

In our opinion it represents one of the most significant policymaking reforms in recent history.

We have been given very strong backing by the Executive orderExecutive Order 11514which the President issued to implement the act.

This Executive order gives the Council coordinating and guideline authorities with respect to NEPA which have been essential in early implementation of the act.

Pursuant to Executive Order 11514 the Council has issued guidelines on environmental impact statements (36 Fed. Reg. 7724-7729, Apr. 23, 1971) and has overseen the issuance by virtually all the relevant Federal agencies of NEPA procedures addressed to their particular programs (36 Fed. Reg. 23666, Dec. 11, 1971).

I offer copies of the Executive order,12 the guidelines, and the Federal Register citations to agency procedures 3 for insertion in your record.

Senator BAKER. Without objection, these will be received and made a part of your statement.

Dr. Train. You will note that nine departments and over 30 agencies have now issued NEPA procedures.

According to the latest issue of the 102 Monitor, the Council's monthly publication listing environmental impact statements received, we now have received draft and final environmental impact statements on almost 2,400 Federal actions.

The agency-by-agency and types-of-action tabulations appear as an attachment to my statement.

Since we get draft and final impact statements on each action, we have now received over 4,000 impact statements and they are coming in at the rate of over 200 a month or about 10 per working day.

Senator BAKER. If I may interrupt your statement for just a moment, could you give us some breakdown according to agencies, or is there any pattern?

Dr. TRAIN. Yes, sir. I have that here in documentation that can be submitted for the record.

Senator BAKER. We will receive the documentation as a part of the record.

Dr. Train. There is a tabulation attached to the end of my statement, Mr. Chairman, which is a summary of one of two statements filed with the Council through the 31st of January of this vear by project type, and you will note that these are by type rather than by agency.

1 See app. 1, p. 37. 2 See app. 2, p. 39. 3 See app. 3, p. 58.

There is also a table which shows the breakdown by agency, and you will notice, picking out the larger numerical indicators, that airports, for example, represent a very large number of impact statements.

Likewise highway projects represent the largest number by far. From the Department of Agriculture in particular, watershed protection and flood control, it is some 229.

I would suppose the Department of Transportation and the Corps of Engineers numerically represent the two largest contributors of 102's.

I will submit this for inclusion in the record, Mr. Chairman.

Senator BAKER. Without objection, the information will be made a part of the record.

(The tables referred to follow :)


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AEC nuclear development.
Aircraft, ships, and vehicles.
Bridge permits.
Defense systems.
Housing, urban problems, new communities.
International boundary.
Land acquisition, disposal.
Mass transit
Military installations.
Natural gas and oil:

Drilling and exploration..

Transportation, pipeline..
Parks, wildlife refuges, recreation facilities.
Pesticides, herbicides...



Plus roads through parks..
Space programs..
Waste disposal:

Detoxification of toxic substances.
Munition disposal.
Radioactive waste disposal.
Sewage facilities.

Solid wastes.

Beach erosion, hurricane protection..
Municipal and industrial supply...
Permit (Refuse Act, dredge and fill).

Watershed protection and flood control.
Weather modification.
Research and development.


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1, 286

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Statements for actions on which no final statements have yet been filed.
Statements on legislation and actions.
* Actions on which final or draft statements for Federal actions have been taken.

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