Act of 1969 (Public Law No. 91-190, approved January 1, 1970), it is ordered as follows: SECTION 1. Policy. The Federal Government shall provide leadership in protecting and enhancing the quality of the Nation's environment to sustain and enrich human life. Federal agencies shall initiate measures needed to direct their policies, plans and programs so as to meet national environmental goals. The Council on Environmental Quality, through the Chairman, shall advise and assist the President in leading this national effort. SEC. 2. Responsibilities of Federal agencies. Consonant with Title I of the National Environmental Policy Act of 1969, hereafter referred to as the "Act", the heads of Federal agencies shall: (a) Monitor, evaluate, and control on a continuing basis their agencies' activities so as to protect and enhance the quality of the environment. Such activities shall include those directed to controlling pollution and enhancing the environment and those designed to accomplish other program objectives which may affect the quality of the environment Agencies shall develop programs and measures to protect and enhance environmental quality and shall assess progress in meeting the specific objectives of such activities. Heads of agencies shall consult with appropriate Federal, State and local agencies in carrying out their activities as they affect the quality of the environment. (b) Develop procedures to ensure the fullest practicable provision of timely public information and understanding of Federal plans and programs with environmental impact in order to obtain the views of interested parties. These procedures shall include, whenever appropriate, provisions for public hearings, and shall provide the public with relevant information, including information on alternative courses of action. Federal agencies shall also encourage State and local agencies to adopt similar procedures for informing the public concerning their activities affecting the quality of the environment. (c) Insure that information regarding existing or potential environmental problems and control methods developed as part of research, development, demonstration, test, or evaluation activities is made available to Federal agencies, States, counties, municipalities, institutions, and other entities, as appropriate. (d) Review their agencies' statutory authority, administrative regulations, policies, and procedures, including those relating to loans, grants, contracts, leases, licenses, or permits, in order to identify any deficiencies or inconsistencies therein which prohibit or limit full compliance with the purposes and provisions of the Act. A report on this review and the corrective actions taken or planned, including such measures to be proposed to the President as may be necessary to bring their authority and policies into conformance with the intent, purposes, and procedures of the Act, shall be provided to the Council on Environmental Quality not later than September 1, 1970. (e) Engage in exchange of data and research results, and cooperate with agencies of other governments to foster the purposes of the Act. (f) Proceed, in coordination with other agencies, with actions required by section 102 of the Act. SEC. 3. Responsibilities of Council on Environmental Quality. The Council on Environmental Quality shall: (a) Evaluate existing and proposed policies and activities of the Federal Government directed to the control of pollution and the enhancement of the environment and to the accomplishment of other objectives which affect the quality of the enviromnent. This shall include continuing review of procedures employed in the development and enforcement of Federal standards affecting environmental quality. Based upon such evaluations the Council shall, where appropriate, recommend to the President policies and programs to achieve more effective protection and enhancement of environmental quality and shall, where appropriate, seek resolution of significant environmental issues. (b) Recommend to the President and to the agencies priorities among programs designed for the control of pollution and for enhancement of the environment. (c) Determine the need for new policies and programs for dealing with environmental problems not being adequately addressed. (d) Conduct, as it determines to be appropriate, public hearings or conferences on issues of environmental significance. (e) Promote the development and use of indices and monitoring systems (1) to assess environmental conditions and trends, (2) to predict the environmental impact of proposed public and private actions, and (3) to determining the effectiveness of programs for protecting and enhancing environmental quality. (f) Coordinate Federal programs related to environmental quality. (g) Advise and assist the President and the agencies in achieving international cooperation for dealing with environmental problems, under the foreign policy guidance of the Secretary of State. (h) Issue guidelines to Federal agencies for the preparation of detailed statements on proposals for legislation and other Federal actions affecting the environment, as required by section 102 (2) (C) of the Act. (i) Issue such other instructions to agencies, and request such reports and other information from them, as may be required to carry out the Council's responsibilities under the Act. (j) Assist the President in preparing the annual Environmental Quality Report provided for in section 201 of the Act. (k) Foster investigations, studies, surveys, research, and analyses relating to (i) ecological systems and environmental quality, (ii) the impact of new and changing technologies thereon, and (iii) means of preventing or reducing adverse effects from such technologies. SEC. 4. Amendments of E.O. 11472. Executive Order No. 11472 of May 29, 1969, including the heading thereof, is hereby amended: (1) By substituting for the term "the Environmental Quality Council", wherever it occurs, the following: "the Cabinet Committee on the Environment". (2) By substituting for the term "the Council", wherever it occurs, the following: "the Cabinet Committee”. (3) By inserting in subsection (f) of section 101, after "Budget,", the following: "the Director of the Office of Science and Technology,". (4) By substituting for subsection (g) of section 101 the following: "(g) The Chairman of the Council on Environmental Quality (established by Public Law 91-190) shall assist the President in directing the affairs of the Cabinet Committee." (5) By deleting subsection (c) of section 102. (6) By substituting for “the Office of Science and Technology", in section 104, the following: "the Council on Environmental Quality (established by Public Law 91-190)". (7) By substituting for “(hereinafter referred to as the 'Committee')", in section 201, the following: "(hereinafter referred to as the 'Citizens' Committee')". (8) By substituting for the term “the Committee”, wherever it occurs, the following: "the Citizens' Committee". THE WHITE HOUSE, March 5, 1970. RICHARD NIXON. [Filed with the Office of the Federal Register, 2 :29 p.m., March 5, 1970] APPENDIX 2 EXECUTIVE OFFICE OF THE PRESIDENT, MEMORANDUM FOR AGENCY AND GENERAL COUNSEL LIAISON ON NEPA MATTERS Subject: CEQ Guidance on NEPA Procedural Matters. 1. You are familiar with CEQ's Revised Guidelines on Environmental Impact Statements dated April 23, 1971, (36 Fed. Reg. 7724) and participated in detailed review sessions with CEQ, OMB and EPA last December concerning your agency's experience in implementation of NEPA. We have reviewed and discussed your agency's own NEPA procedures with you and are preparing, on an agency by agency basis, to discuss with you ways in which your NEPA procedures can be further improved. 2. Since a number of you have only recently been assigned NEPA responsibilities for your agency, we are herewith recirculating those supplementary guid ance NEPA memoranda we have distributed since publication of the Council's Revised NEPA Guidelines in April of last year. (i) CEQ Memo to Heads of Agency on Revised Guidelines, 4/23/71. (ii) CEQ Memo to Agency NEPA Liaison on Agency NEPA Procedures, 5/14/71. (iii) CEQ Memo to Agency NEPA Liaison on Inclusion of Cost-Benefit Analyses, 5/24/71. (iv) CEQ Memo to Agency NEPA Liaison on Calvert Cliffs Decision, 7/30/71. (v) CEQ Memo to Agency NEPA Liaison on Extension of Deadline on NEPA Procedures, 8/5/71. (vi) CEQ Memo to Heads of Agencies on Agency NEPA Procedures, 9/23/71. (vii) CEQ Memo to Heads of Agencies on Agency NEPA Procedures, 11/2/71. (viii) CEQ Memo to Agency NEPA Liaison on Outline of Issues in Agency NEPA Procedures, 12/3/71. (ix) CEQ Memo to Agency NEPA Liaison on Extracts from Leading NEPA Court Decisions, 12/3/71. (x) CEQ Memo to Agency NEPA Liaison on Cumulative List of Environmental Impact Statements, 12/23/71. 3. In addition to the above sources of guidance you may wish to refer to the following more informal guidance: (a) Discussion of environmental impact statement process and effect of NEPA on law applicable to agency procedure, pp. 25-27, 155-160, 163–170 in Second Annual Report of Council on Environmental Quality (August, 1971). (b) The various issues of the 102 Monitor, the Council's monthly publication on environmental impact statements (copies of which are reprinted in the Congressional Record) contain texts of, or citations to, relevant decisions and discussions of agency NEPA procedures. (c) Remarks on Impact of NEPA on Federal Government Decision Making Process reprinted in Daily Congressional Record, Feb. 24, 1972, p. E1626. TIMOTHY ATKESON, General Counsel. COUNCIL ON ENVIRONMENTAL QUALITY, MEMORANDUM TO THE HEADS OF AGENCIES Re Revised CEQ Guidelines on Environmental Impact Statements Prepared under Section 102 (2) (C) of The National Environmental Policy Act. Attached are the Council's Revised Guidelines on environmental impact statements prepared under Section 102(2) (C) of the National Environmental Policy Act as published in the Federal Register. Also included (see section 8) are the Environmental Protection Agency's interim procedures under Section 309 of the Clean Air Act which requires review and public comment by EPA on certain proposed legislation and agency actions and regulations affecting EPA's areas of responsibility (air quality, water quality, solid waste, pesticides, radiation standards, noise). The revisions in CEQ's guidelines apply to proposed agency actions for which draft environmental statements are circulated after June 30, 1971. Agencies are requested to update their procedures for handling environmental statements to take account of the revised CEQ quidelines prior to July 1. These updated agency procedures should be made available to the Council for consultation prior to formal issuance (Attention: General Counsel). The Council will invite the participation of the OMB and EPA in this consultation. In updating your Agency's procedures, your attention is directed in particular to the following: Section 3 Agency procedures should provide guidance in identifying— those types of agency actions requiring environmental statements the appropriate time prior to decision for the interagency consultations required by Sec. 102 (2) (C) the agency "review process" for which the final environmental statement and comments are to be available. Agency procedures should assure that advance comment from the Environmental Protection Agency is requested on proposed legislation, regulations, new construction projects and major actions significantly affecting the environment in the areas of EPA's jurisdiction (i.e. air and water quality, solid waste, pesticides, radiation standards, noise) (See section 8). Section 6 (i) Environmental statements must include an adequate description of the proposed action to permit a careful assessment by commenting agencies. (ii) The comment of EPA on water quality aspects should be requested in addition to any State or interstate certification on this aspect under Section 21(b) of the Federal Water Pollution Control Act. Section 8 Agency procedures will need to take account of requirements for obtaining EPA comment under Section 309 of the Clean Air Act, as amended. Where an agency is filing an environmental statement which will be referred to EPA for comment, no change is required. In the case of proposed legislation or regulations where the matter affects the areas of EPA's jurisdiction and no environmental statement is going to be filed, such matters now must be referred to EPA for comment. Section 10 Agency procedures must assure that, to the maximum extent practicable, the minimum 90 day and 30 day periods of public availability for draft and final environmental statements on administrative actions are observed. As noted, these periods may overlap. Agency procedures should also respond to the requirement that they "insure the fullest practicable provision of timely public information and understanding of Federal plans and programs with environmental impact in order to obtain the views of interested parties." These procedures should include, where appropriate, provision for public hearings and availability of draft environmental impact statements in advance of such hearings. Updated agency procedures must also facilitate public access to draft and final environmental statements and the comments received. Recent lower court decisions involving the National Environmental Policy Act (e.g. EDF v. Corps of Engineers, D. Ark., LR-70-C-203, 1971; EDF v. Hardin, D., D.C., CA 2319-70, 1971) indicate courts will require an adequate compliance with Section 102 (2) (C) and that this process envisions— that program formulation will be directed by research results rather than that research programs will be designed to substantiate programs already decided upon . . . The [environmental] statement must be sufficiently detailed to allow a responsible executive to arrive at a reasonably accurate decision regarding the environmental benefits and detriments to be expected from program implementation. The statement should contain adequate discussion of alternative proposals to allow for program modification during agency review so that results to be achieved will be in accordance with national environmental goals." Although the Supreme Court has not yet construed the Act, there is ample evidence in its treatment of Section 4(f) of the Department of Transportation Act in the Overton Park1 case that it also will enforce compliance with the necessary procedural requirements. We invite the earliest possible adjustment of your agency's environmental statement procedures to reflect the new requirements in the Council's guidelines and the rigor expected by Congress, the courts and the public in our implementation of the National Environmental Policy Act. RUSSELL E. TRAIN, Chairman. 1 Citizens to Preserve Overton Park v. Volpe, 1 ELR 20110 (March 2, 1971). Memorandum EXECUTIVE OFFICE OF THE PRESIDENT, To: Federal Agency Liaison Officials for Sec. 102(2)(C) of the National Environmental Policy Act of 1969 (P.L. 91-190). From: Timothy Atkeson, General Counsel. Subject: Preparation and Submission to the Council on Environmental Quality of Revised Federal Agency Sec. 102 Procedures. 1. The Council's revised Sec. 102(2)(C) Guidelines (36 Fed. Reg. 7724-29, copy attached) contemplate submission of Federal agencies' proposed revised Sec. 102(2)(C) procedures to the Council for comment prior to issuance. In order to meet the July 1 deadline for new procedures, this submission should take place no later than June 1, 1971. In considering Federal agencies' proposed revised procedures, the Council proposes to involve the Office of Management and Budget (management aspects) and the Environmental Protection Agency (implementation of Sec. 309 of Clean Air Act). The Council requests that each agency's revised procedures be published in the Federal Register when formally adopted. 2. Agencies which invite the comment of State and local governments on proposed procedures and regulations pursuant to OMB Circular A-85 have been granted a thirty day extension of the July deadline. Nevertheless, their agency actions on which draft statements are submitted to the Council after June 30 will be subject to the provisions of the Council's revised guidelines, including the provisions concerning periods of review. 3. Attached is a list of Federal agency components and programs on which revised Sec. 102 (2) (C) procedures are believed necessary. Although general Sec. 102(2) (C) procedures applicable throughout a Department may be sufficient to cover many agency activities, the programs of the listed components are considered to entail significant environmental impacts of a recurring nature, making it desirable for specific program Sec. 102(2)(C) guidance. Please contact this office promptly if you believe there should be any change in this list with respect to your agency. 4. Appendix I to the Guidelines, as printed at page 7727 in the Federal Register of April 23, should be headed "Summary Sheet," followed by the sentence: "A summary sheet should accompany each environmental statement submitted, consisting of no more than one page, and covering the following items :". It is requested that your agency institute the summary sheet procedure immediately for both draft and final environmental impact statements henceforth submitted to the Council. Memorandum EXECUTIVE OFFICE OF THE PRESIDENT, To: Agency Liaison on Compliance with Environmental Impact Statement Procedures of National Environmental Policy Act (Sec. 102 (2) (B) and (C) of P.L. 91-190). Re: Revised Agency Procedures on Environmental Impact Statements: Inclusion of Cost-Benefit Analyses. In order to evaluate agency performance in meeting (i) the requirement in Section 102 (2) (B) of the National Environmental Policy Act for methods and procedures "which will insure that presently unquantified environmental amenities and values may be given appropriate consideration in decision making along with economic and technical considerations" and (ii) the requirement in Section 102 (2) (C) of NEPA for agency analysis of the "environmental impact of the proposed action" and "adverse environmental effects", we request that your revised agency procedures on environmental impact statements include the following direction: "Where a cost-benefit analysis of the proposed action has been prepared, this analysis should be attached to the environmental impact statement sent to commenting agencies and the Council on Environmental Quality and made available to the public." TIMOTHY ATKESON, |