The court found that the Department of the Interior had not adequately considered available alternatives to the proposed sale of oil leases off the Louisiana coast.

It also found that the Department should have considered and weighed alternatives that were beyond the authority of the Department to implement, for example, adjustments in oil import quotas and changes in the Federal Power Commission's natural gas rate structure. The judge suggests that perhaps "the impact statement function could have been assigned to the group designated by the President to coordinate and analyze overall questions for the executive branchthe Energy Subcommittee of the Executive Council."

While the opinion states that "a rule of reason is implicit in this aspect of the law," the potential ramifications of this case, for good or for ill, are a matter of interest to these committees.

The last case I will mention is the Quad Cities decision by the District Court for the District of Columbia on December 13, 1971.

In that case Judge Parker decided that the proposed issuance of an interim operating license for the Quad Cities Nuclear Generating Power Station at Cordova, Ill., was "a major Federal action," as contemplated by NEPA and, therefore, required full compliance with the procedures of section 102, including the preparation and circulation of a full and detailed environmental impact statement.

The AEC had argued that such an interim license did not constitute a "final agency action" and, therefore, something less than full NEPA review was sufficient.

The AEC also argued that in the face of possible blackouts or brownouts, the public interest required the timely issuance of the license.

Thus, a question of equitable judgment is raised, balancing what the AEC believed to be the immediate and urgent public interest against the procedural requirements of NEPA.

The Quad Cities case also raised the issue of whether Federal actions undertaken prior to the enactment of NEPA should be treated any differently than those undertaken after the date of enactment.

The preponderance of case law indicates that they should not. Thus, at more length that I had intended, I have tried to suggest some of the issues that are of interest to the two committees.

There are, of course, others. The committees are committed to the policy set out in NEPÁ: the creation and maintenance of "conditions under which man and nature can exist in productive harmony."

It may well be that NEPA and other environmental related statutes are carrying out that policy in the most progressive and efficient manner that can be devised.

It may be that further action by the Congress is necessary to provide additional guidance to the executive and judicial branches.

But, as I stated at the beginning, the purpose of these hearings is exploratory. We are here to learn.

Senator HANSEN. Mr. Chairman, may I observe that I am deeply interested in the testimony that will be given by the witnesses this morning.

I regret that I will not be able to stay for these hearings, as the chairman knows, they were scheduled, I guess, rather late last after

noon, and I have a hearing in the Finance Committee this morning, that I had been committed to attend.

I simply wanted to let the very fine witnesses and those others here know that I will be reading the testimony of each of the witnesses and very much interested in what may be disclosed here.

I hope you will excuse me.

Senator BAKER. Senator Hansen, thank you very much. We appreciate your participation as long as you can, and we understand your problem.

Senator BELLMON. I have a similar problem, Mr. Chairman, and we have an important marking up of a bill in another committee, but I will have a staffman present.

Senator BAKER. Thank you, Senator Bellmon.

We have two witnesses here this morning. Before we turn to the testimony, I would like to thank Senator Buckley for his attendance. He and Senator Gravel are the only members of both the Interior and Public Works Committees.

I happen to be a member of the Joint Committee on Atomic Energy, which is not involved in these joint hearings, but it is certainly involved in the subject matter.

Before we proceed to our first witness, I would like to put a copy of the National Environmental Policy Act into the record at this point. (The act referred to follows:)

Public Law 91-190 91st Congress, S. 1075 January 1, 1970

An Act

To establish a national policy for the environment, to provide for the establishment of a Council on Environmental Quality, and for other purposes.

83 STAT. 852

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may National Enbe cited as the "National Environmental Policy Act of 1969”.

PURPOSE

SEC. 2. The purposes of this Act 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.

TITLE I

DECLARATION OF NATIONAL ENVIRONMENTAL POLICY

vironmental Policy Aot of 1969.

SEC. 101. (a) The Congress, recognizing the profound impact of Policies and man's activity on the interrelations of all components of the natural goals. environment, particularly the profound influences of population growth, high-density urbanization, industrial expansion, resource exploitation, and new and expanding technological advances and recognizing further the critical importance of restoring and maintaining environmental quality to the overall welfare and development of man, declares that it is the continuing policy of the Federal Government, in cooperation with State and local governments, and other concerned public and private organizations, to use all practicable means and measures, including financial and technical assistance, in a manner calculated to foster and promote the general welfare, to create and maintain conditions under which man and nature can exist in productive harmony, and fulfill the social, economic, and other requirements of present and future generations of Americans.

(b) In order to carry out the policy set forth in this Act, it is the continuing responsibility of the Federal Government to use all practicable means, consistent with other essential considerations of national policy, to improve and coordinate Federal plans, functions, programs, and resources to the end that the Nation may

(1) fulfill the responsibilities of each generation as trustee of the environment for succeeding generations;

(2) assure for all Americans safe, healthful, productive, and esthetically and culturally pleasing surroundings;

(3) attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences;

(4) preserve important historic, cultural, and natural aspects of our national heritage, and maintain, wherever possible, an environment which supports diversity and variety of individual choice;

(5) achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life's amenities; and

37-081 O

83 STAT. 853

Administration.

Pub. Law 91-190

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January 1, 1970

(6) enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources. (c) The Congress recognizes that each person should enjoy a healthful environment and that each person has a responsibility to contribute to the preservation and enhancement of the environment.

SEC. 102. The Congress authorizes and directs that, to the fullest extent possible: (1) the policies, regulations, and public laws of the United States shall be interpreted and administered in accordance with the policies set forth in this Act, and (2) all agencies of the Federal Government shall—

Copies of statements, etc.; availability.

81 Stat. 54.

(A) utilize a systematic, interdisciplinary approach which will insure the integrated use of the natural and social sciences and the environmental design arts in planning and in decisionmaking which may have an impact on man's environment;

(B) identify and develop methods and procedures, in consultation with the Council on Environmental Quality established by title II of this Act, which will insure that presently unquantified environmental amenities and values may be given appropriate consideration in decisionmaking along with economic and technical considerations;

(C) include in every recommendation or report on proposals for legislation and other major Federal actions significantly affecting the quality of the human environment, a detailed statement by the responsible official on

(i) the environmental impact of the proposed action,

(ii) any adverse environmental effects which cannot be avoided should the proposal be implemented,

(iii) alternatives to the proposed action,

(iv) the relationship between local short-term uses of man's environment and the maintenance and enhancement of long-term productivity, and

(v) any irreversible and irretrievable commitments of resources which would be involved in the proposed action should it be implemented.

Prior to making any detailed statement, the responsible Federal official shall consult with and obtain the comments of any Federal agency which has jurisdiction by law or special expertise with respect to any environmental impact involved. Copies of such statement and the comments and views of the appropriate Federal, State, and local agencies, which are authorized to develop and enforce environmental standards, shall be made available to the President, the Council on Environmental Quality and to the public as provided by section 552 of title 5. United States Code, and shall accompany the proposal through the existing agency review processes;

(D) study, develop, and describe appropriate alternatives to recommended courses of action in any proposal which involves unresolved conflicts concerning alternative uses of available re

sources;

(E) recognize the worldwide and long-range character of environmental problems and, where consistent with the foreign policy of the United States, lend appropriate support to initiatives, resolutions, and programs designed to maximize international cooperation in anticipating and preventing a decline in the quality of mankind's world environment;

(F) make available to States, counties, municipalities, institutions, and individuals, advice and information useful in restoring, maintaining, and enhancing the quality of the environment;

January 1, 1970

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83 STAT, 854

(G) initiate and utilize ecological information in the planning and development of resource-oriented projects; and

(H) assist the Council on Environmental Quality established by title II of this Act.

SEC. 103. All agencies of the Federal Government shall review 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 provisions of this Act and shall propose to the President not later than July 1, 1971, such measures as may be necessary to bring their authority and policies into conformity with the intent, purposes, and procedures set forth in this Act.

SEC. 104. Nothing in Section 102 or 103 shall in any way affect the specific statutory obligations of any Federal agency (1) to comply with criteria or standards of environmental quality, (2) to coordinate or consult with any other Federal or State agency, or (3) to act, or refrain from acting contingent upon the recommendations or certification of any other Federal or State agency.

SEC. 105. The policies and goals set forth in this Act are supplementary to those set forth in existing authorizations of Federal agencies.

TITLE II

COUNCIL ON ENVIRONMENTAL QUALITY

SEC. 201. The President shall transmit to the Congress annually Report to beginning July 1, 1970, an Environmental Quality Report (herein- Congress. after referred to as the "report") which shall set forth (1) the status and condition of the major natural, manmade, or altered environmental classes of the Nation, including, but not limited to, the air, the aquatic, including marine, estuarine, and fresh water, and the terrestrial environment, including, but not limited to, the forest, dryland, wetland, range, urban, suburban, and rural environment; (2) current and foreseeable trends in the quality, management and utilization of such environments and the effects of those trends on the social, economic, and other requirements of the Nation; (3) the adequacy of available natural resources for fulfilling human and economic requirements of the Nation in the light of expected population pressures; (4) a review of the programs and activities (including regulatory activities) of the Federal Government, the State and local governments, and nongovernmental entities or individuals, with particular reference to their effect on the environment and on the conservation, development and utilization of natural resources; and (5) a program for remedying the deficiencies of existing programs and activities, together with recommendations for legislation.

SEC. 202. There is created in the Executive Office of the President Council on a Council on Environmental Quality (hereinafter referred to as the Environmental "Council"). The Council shall be composed of three members who shall Quality. be appointed by the President to serve at his pleasure, by and with the advice and consent of the Senate. The President shall designate one of the members of the Council to serve as Chairman. Each member shall be a person who, as a result of his training, experience, and attainments, is exceptionally well qualified to analyze and interpret environmental trends and information of all kinds: to appraise programs and activities of the Federal Government in the light of the policy set forth in title I of this Act; to be conscious of and responsive to the scientific, economic, social, esthetic, and cultural needs and interests of the Nation; and to formulate and recommend national policies to promote the improvement of the quality of the environment.