National Environmental Policy Act (42 U.S.C. 4321-4370m-12)

Page 5210 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4277 EFFECTIVE DATE OF 1964 AMENDMENT Amendment by Pub. L. 88–426 effective on first day of first pay period which begins on or after July 1, 1964, except to the extent provided in section 501(c) of Pub. L. 88–426. REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organi zation and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5. § 4277. Compensation of members (a) Members of the Commission who are Mem bers of Congress, officers of the executive branch of the Federal Government, Governors, or full time salaries officers of city and county govern ments shall serve without compensation in addi tion to that received in their regular public em ployment, but shall be allowed necessary travel expenses (or, in the alternative, a per diem in lieu of subsistence and mileage not to exceed the rates prescribed in subchapter I of chapter 57 of title 5), without regard to subchapter I of chap ter 57 of title 5, the Standardized Government Travel Regulations, or section 5731(a) of title 5, and other necessary expenses incurred by them in the performance of duties vested in the Com mission. (b) Unless prohibited by State or local law, members of the Commission, other than those to whom subsection (a) of this section is applica ble, shall receive compensation at the rate of $50 per day for each day they are engaged in the per formance of their duties as members of the Com mission and shall be entitled to reimbursement for travel, subsistence, and other necessary ex penses incurred by them in the performance of their duties as members of the Commission, as provided for in subsection (a) of this section. (Pub. L. 86–380, § 7, Sept. 24, 1959, 73 Stat. 706; Pub. L. 89–733, § 5, Nov. 2, 1966, 80 Stat. 1162.) CODIFICATION In subsec. (a), ‘‘subchapter I of chapter 57 of title 5’’ substituted for ‘‘the Travel Expense Act of 1949, as amended’’ and for ‘‘the Travel Expense Act of 1949, as amended (5 U.S.C. 835–842)’’, and ‘‘section 5731(a) of title 5’’ substituted for ‘‘section 10 of the Act of March 3, 1933, (5 U.S.C. 73(b)’’, on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. Section was formerly classified to section 2377 of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, § 1, Sept. 6, 1966, 80 Stat. 378. AMENDMENTS 1966—Subsec. (b). Pub. L. 89–733 inserted ‘‘Unless pro hibited by State or local law’’. § 4278. Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out the pro visions of this chapter. (Pub. L. 86–380, § 8, Sept. 24, 1959, 73 Stat. 706.) CODIFICATION Section was formerly classified to section 2378 of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, § 1, Sept. 6, 1966, 80 Stat. 378. § 4279. Receipt of funds; consideration by Con gress The Commission is authorized to receive funds through grants, contracts, and contributions from State and local governments and organiza tions thereof, and from nonprofit organizations. Such funds may be received and expended by the Commission only for purposes of this chapter. In making appropriations to the Commission the Congress shall consider the amount of any funds received by the Commission in addition to those funds appropriated to it by the Congress. (Pub. L. 86–380, § 9, as added Pub. L. 89–733, § 6, Nov. 2, 1966, 80 Stat. 1162.) CODIFICATION Section was formerly classified to section 2379 of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, § 1, Sept. 6, 1966, 80 Stat. 378. CHAPTER 54—CABINET COMMITTEE ON OP PORTUNITIES FOR SPANISH-SPEAKING PEOPLE §§ 4301 to 4312. Omitted CODIFICATION Sections 4301 to 4312 of this title, Pub. L. 91–181, §§ 1–12, Dec. 30, 1969, 83 Stat. 838, were omitted pursuant to section 4312 of this title which provided that Pub. L. 91–181 shall expire five years after Dec. 30, 1969. Section 4301, Pub. L. 91–181, § 1, Dec. 30, 1969, 83 Stat. 838, related to Congressional declaration of purpose. Section 4302, Pub. L. 91–181, § 2, Dec. 30, 1969, 83 Stat. 838, related to establishment of Cabinet Committee on Opportunities for Spanish-Speaking People, its com position, appointment of Chairman. Section 4303, Pub. L. 91–181, § 3, Dec. 30, 1969, 83 Stat. 838, related to functions of Committee. Section 4304, Pub. L. 91–181, § 4, Dec. 30, 1969, 83 Stat. 839, related to administrative powers of the Committee. Section 4305, Pub. L. 91–181, § 5, Dec. 30, 1969, 83 Stat. 839, related to utilization of services and facilities of governmental agencies. Section 4306, Pub. L. 91–181, § 6, Dec. 30, 1969, 83 Stat. 839, related to compensation of personnel and transfer of personnel from other Federal departments and agen cies. Section 4307, Pub. L. 91–181, § 7, Dec. 30, 1969, 83 Stat. 839, related to establishment of an Advisory Council on Spanish-Speaking Americans. Section 4308, Pub. L. 91–181, § 8, Dec. 30, 1969, 83 Stat. 840, related to nonimpairment of existing powers of other Federal departments and agencies. Section 4309, Pub. L. 91–181, § 9, Dec. 30, 1969, 93 Stat. 840, related to restrictions on political activities of Committee and Advisory Council. Section 4310, Pub. L. 91–181, § 10, Dec. 30, 1969, 83 Stat. 840; Pub. L. 92–122, Aug. 16, 1971, 85 Stat. 342, related to authorization of appropriations. Section 4311, Pub. L. 91–181, § 11, Dec. 30, 1969, 83 Stat. 840, related to submission of reports to the President and Congress. Section 4312, Pub. L. 91–181, § 12, Dec. 30, 1969, 83 Stat. 840, provided that this chapter shall expire five years after Dec. 30, 1969. CHAPTER 55—NATIONAL ENVIRONMENTAL POLICY Sec. 4321. Congressional declaration of purpose. Page 5211 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 Sec. SUBCHAPTER I—POLICIES AND GOALS 4331. Congressional declaration of national envi ronmental policy. 4332. Cooperation of agencies; reports; availability of information; recommendations; inter national and national coordination of ef forts. 4333. Conformity of administrative procedures to national environmental policy. 4334. Other statutory obligations of agencies. 4335. Efforts supplemental to existing authoriza tions. SUBCHAPTER II—COUNCIL ON ENVIRONMENTAL QUALITY 4341. Omitted. 4342. Establishment; membership; Chairman; ap pointments. 4343. Employment of personnel, experts and con sultants. 4344. Duties and functions. 4345. Consultation with Citizens’ Advisory Com mittee on Environmental Quality and other representatives. 4346. Tenure and compensation of members. 4346a. Travel reimbursement by private organiza tions and Federal, State, and local govern ments. 4346b. Expenditures in support of international ac tivities. 4347. Authorization of appropriations. SUBCHAPTER III—MISCELLANEOUS PROVISIONS 4361, 4361a. Repealed. 4361b. Implementation by Administrator of Envi ronmental Protection Agency of recom mendations of ‘‘CHESS’’ Investigative Re port; waiver; inclusion of status of imple mentation requirements in annual revisions of plan for research, development, and dem onstration. 4361c. Staff management. 4362. Interagency cooperation on prevention of en vironmental cancer and heart and lung dis ease. 4362a. Membership of Task Force on Environmental Cancer and Heart and Lung Disease. 4363. Continuing and long-term environmental re search and development. 4363a. Pollution control technologies demonstra tions. 4364. Expenditure of funds for research and devel opment related to regulatory program ac tivities. 4365. Science Advisory Board. 4366. Identification and coordination of research, development, and demonstration activities. 4366a. Omitted. 4367. Reporting requirements of financial interests of officers and employees of Environmental Protection Agency. 4368. Grants to qualified citizens groups. 4368a. Utilization of talents of older Americans in projects of pollution prevention, abate ment, and control. 4368b. General assistance program. 4369. Miscellaneous reports. 4369a. Reports on environmental research and devel opment activities of Agency. 4370. Reimbursement for use of facilities. 4370a. Assistant Administrators of Environmental Protection Agency; appointment; duties. 4370b. Availability of fees and charges to carry out Agency programs. 4370c. Environmental Protection Agency fees. 4370d. Percentage of Federal funding for organiza tions owned by socially and economically disadvantaged individuals. Sec. 4370e. Working capital fund in Treasury. 4370f. Availability of funds after expiration of pe riod for liquidating obligations. 4370g. Availability of funds for uniforms and certain services. 4370h. Availability of funds for facilities. § 4321. Congressional declaration of purpose The purposes of this chapter are: To declare a national policy which will encourage productive and enjoyable harmony between man and his en vironment; to promote efforts which will pre vent or eliminate damage to the environment and biosphere and stimulate the health and wel fare of man; to enrich the understanding of the ecological systems and natural resources impor tant to the Nation; and to establish a Council on Environmental Quality. (Pub. L. 91–190, § 2, Jan. 1, 1970, 83 Stat. 852.) SHORT TITLE Section 1 Pub. L. 91–190 provided: ‘‘That this Act [en acting this chapter] may be cited as the ‘National Envi ronmental Policy Act of 1969’.’’ TRANSFER OF FUNCTIONS Enforcement functions of Secretary or other official in Department of the Interior related to compliance with system activities requiring coordination and ap proval under this chapter, and enforcement functions of Secretary or other official in Department of Agri culture, insofar as they involve lands and programs under jurisdiction of that Department, related to com pliance with this chapter with respect to pre-construc tion, construction, and initial operation of transpor tation system for Canadian and Alaskan natural gas transferred to Federal Inspector, Office of Federal In spector for Alaska Natural Gas Transportation System, until first anniversary of date of initial operation of Alaska Natural Gas Transportation System, see Reorg. Plan No. 1 of 1979, §§ 102(e), (f), 203(a), 44 F.R. 33663, 33666, 93 Stat. 1373, 1376, effective July 1, 1979, set out in the Appendix to Title 5, Government Organization and Employees. Office of Federal Inspector for the Alaska Natural Gas Transportation System abolished and functions and authority vested in Inspector transferred to Secretary of Energy by section 3012(b) of Pub. L. 102–486, set out as an Abolition of Office of Federal In spector note under section 719e of Title 15, Commerce and Trade. Functions and authority vested in Sec retary of Energy subsequently transferred to Federal Coordinator for Alaska Natural Gas Transportation Projects by section 720d(f) of Title 15. EMERGENCY PREPAREDNESS FUNCTIONS For assignment of certain emergency preparedness functions to Administrator of Environmental Protec tion Agency, see Parts 1, 2, and 16 of Ex. Ord. No. 12656, Nov. 18, 1988, 53 F.R. 47491, set out as a note under sec tion 5195 of this title. MODIFICATION OR REPLACEMENT OF EXECUTIVE ORDER NO. 13423 Pub. L. 111–117, div. C, title VII, § 742(b), Dec. 16, 2009, 123 Stat. 3216, provided that: ‘‘Hereafter, the President may modify or replace Executive Order No. 13423 [set out as a note under this section] if the President deter mines that a revised or new executive order will achieve equal or better environmental or energy effi ciency results.’’ Pub. L. 111–8, div. D, title VII, § 748, Mar. 11, 2009, 123 Stat. 693, which provided that Ex. Ord. No. 13423 (set out as a note under this section) would remain in effect on and after Mar. 11, 2009, except as otherwise provided by law after Mar. 11, 2009, was repealed by Pub. L. Page 5212 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 111–117, div. C, title VII, § 742(a), Dec. 16, 2009, 123 Stat. 3216. NECESSITY OF MILITARY LOW-LEVEL FLIGHT TRAINING TO PROTECT NATIONAL SECURITY AND ENHANCE MILI TARY READINESS Pub. L. 106–398, § 1 [[div. A], title III, § 317], Oct. 30, 2000, 114 Stat. 1654, 1654A–57, provided that: ‘‘Nothing in the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or the regulations implementing such law shall require the Secretary of Defense or the Secretary of a military department to prepare a pro grammatic, nation-wide environmental impact state ment for low-level flight training as a precondition to the use by the Armed Forces of an airspace for the per formance of low-level training flights.’’ POLLUTION PROSECUTION Pub. L. 101–593, title II, Nov. 16, 1990, 104 Stat. 2962, provided that: ‘‘SEC. 201. SHORT TITLE. ‘‘This title may be cited as the ‘Pollution Prosecu tion Act of 1990’. ‘‘SEC. 202. EPA OFFICE OF CRIMINAL INVESTIGA TION. ‘‘(a) The Administrator of the Environmental Protec tion Agency (hereinafter referred to as the ‘Adminis trator’) shall increase the number of criminal inves tigators assigned to the Office of Criminal Investiga tions by such numbers as may be necessary to assure that the number of criminal investigators assigned to the office— ‘‘(1) for the period October 1, 1991, through Septem ber 30, 1992, is not less than 72; ‘‘(2) for the period October 1, 1992, through Septem ber 30, 1993, is not less than 110; ‘‘(3) for the period October 1, 1993, through Septem ber 30, 1994, is not less than 123; ‘‘(4) for the period October 1, 1994, through Septem ber 30, 1995, is not less than 160; ‘‘(5) beginning October 1, 1995, is not less than 200. ‘‘(b) For fiscal year 1991 and in each of the following 4 fiscal years, the Administrator shall, during each such fiscal year, provide increasing numbers of addi tional support staff to the Office of Criminal Investiga tions. ‘‘(c) The head of the Office of Criminal Investigations shall be a position in the competitive service as defined in 2102 of title 5 U.S.C. or a career reserve [reserved] po sition as defined in 3132(A) [3132(a)] of title 5 U.S.C. and the head of such office shall report directly, without in tervening review or approval, to the Assistant Adminis trator for Enforcement. ‘‘SEC. 203. CIVIL INVESTIGATORS. ‘‘The Administrator, as soon as practicable following the date of the enactment of this Act [Nov. 16, 1990], but no later than September 30, 1991, shall increase by fifty the number of civil investigators assigned to as sist the Office of Enforcement in developing and pros ecuting civil and administrative actions and carrying out its other functions. ‘‘SEC. 204. NATIONAL TRAINING INSTITUTE. ‘‘The Administrator shall, as soon as practicable but no later than September 30, 1991 establish within the Office of Enforcement the National Enforcement Train ing Institute. It shall be the function of the Institute, among others, to train Federal, State, and local law yers, inspectors, civil and criminal investigators, and technical experts in the enforcement of the Nation’s environmental laws. ‘‘SEC. 205. AUTHORIZATION. ‘‘For the purposes of carrying out the provisions of this Act [probably should be ‘‘this title’’], there is au thorized to be appropriated to the Environmental Pro tection Agency $13,000,000 for fiscal year 1991, $18,000,000 for fiscal year 1992, $20,000,000 for fiscal year 1993, $26,000,000 for fiscal year 1994, and $33,000,000 for fiscal year 1995.’’ REORGANIZATION PLAN NO. 3 OF 1970 Eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. 2086, as amended Pub. L. 98–80, § 2(a)(2), (b)(2), (c)(2)(C), Aug. 23, 1983, 97 Stat. 485, 486 Prepared by the President and transmitted to the Sen ate and the House of Representatives in Congress as sembled, July 9, 1970, pursuant to the provisions of Chapter 9 of Title 5 of the United States Code. ENVIRONMENTAL PROTECTION AGENCY SECTION 1. ESTABLISHMENT OF AGENCY (a) There is hereby established the Environmental Protection Agency, hereinafter referred to as the ‘‘Agency.’’ (b) There shall be at the head of the Agency the Ad ministrator of the Environmental Protection Agency, hereinafter referred to as the ‘‘Administrator.’’ The Ad ministrator shall be appointed by the President, by and with the advice and consent of the Senate. (c) There shall be in the Agency a Deputy Adminis trator of the Environmental Protection Agency who shall be appointed by the President, by and with the advice and consent of the Senate. The Deputy Adminis trator shall perform such functions as the Adminis trator shall from time to time assign or delegate, and shall act as Administrator during the absence or dis ability of the Administrator or in the event of a va cancy in the office of Administrator. (d) There shall be in the Agency not to exceed five Assistant Administrators of the Environmental Protec tion Agency who shall be appointed by the President, by and with the advice and consent of the Senate. Each Assistant Administrator shall perform such functions as the Administrator shall from time to time assign or delegate. [As amended Pub. L. 98–80, § 2(a)(2), (b)(2), (c)(2)(C), Aug. 23, 1983, 97 Stat. 485, 486.] SEC. 2. TRANSFERS TO ENVIRONMENTAL PROTECTION AGENCY (a) There are hereby transferred to the Adminis trator: (1) All functions vested by law in the Secretary of the Interior and the Department of the Interior which are administered through the Federal Water Quality Ad ministration, all functions which were transferred to the Secretary of the Interior by Reorganization Plan No. 2 of 1966 (80 Stat. 1608), and all functions vested in the Secretary of the Interior or the Department of the Interior by the Federal Water Pollution Control Act or by provisions of law amendatory or supplementary thereof [see 33 U.S.C. 1251 et seq.]. (2)(i) The functions vested in the Secretary of the In terior by the Act of August 1, 1958, 72 Stat. 479, 16 U.S.C. 742d–1 (being an Act relating to studies on the effects of insecticides, herbicides, fungicides, and pes ticides upon the fish and wildlife resources of the United States), and (ii) the functions vested by law in the Secretary of the Interior and the Department of the Interior which are administered by the Gulf Breeze Bio logical Laboratory of the Bureau of Commercial Fish eries at Gulf Breeze, Florida. (3) The functions vested by law in the Secretary of Health, Education, and Welfare or in the Department of Health, Education, and Welfare which are administered through the Environmental Health Service, including the functions exercised by the following components thereof: (i) The National Air Pollution Control Administra tion, (ii) The Environmental Control Administration: (A) Bureau of Solid Waste Management, (B) Bureau of Water Hygiene, (C) Bureau of Radiological Health, except that functions carried out by the following com ponents of the Environmental Control Administration Page 5213 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 of the Environmental Health Service are not trans ferred: (i) Bureau of Community Environmental Man agement, (ii) Bureau of Occupational Safety and Health, and (iii) Bureau of Radiological Health, insofar as the functions carried out by the latter Bureau per tain to (A) regulation of radiation from consumer prod ucts, including electronic product radiation, (B) radi ation as used in the healing arts, (C) occupational expo sures to radiation, and (D) research, technical assist ance, and training related to clauses (A), (B), and (C). (4) The functions vested in the Secretary of Health, Education, and Welfare of establishing tolerances for pesticide chemicals under the Federal Food, Drug, and Cosmetic Act, as amended, 21 U.S.C. 346, 346a, and 348, together with authority, in connection with the func tions transferred, (i) to monitor compliance with the tolerances and the effectiveness of surveillance and en forcement, and (ii) to provide technical assistance to the States and conduct research under the Federal Food, Drug, and Cosmetic Act, as amended [21 U.S.C. 301 et seq.], and the Public Health Service Act, as amended [42 U.S.C. 201 et seq.]. (5) So much of the functions of the Council on Envi ronmental Quality under section 204(5) of the National Environmental Policy Act of 1969 (Public Law 91–190, approved January 1, 1970, 83 Stat. 855) [42 U.S.C. 4344(5)], as pertains to ecological systems. (6) The functions of the Atomic Energy Commission under the Atomic Energy Act of 1954, as amended [42 U.S.C. 2011 et seq.], administered through its Division of Radiation Protection Standards, to the extent that such functions of the Commission consist of establish ing generally applicable environmental standards for the protection of the general environment from radio active material. As used herein, standards mean limits on radiation exposures or levels, or concentrations or quantities of radioactive material, in the general envi ronment outside the boundaries of locations under the control of persons possessing or using radio-active ma terial. (7) All functions of the Federal Radiation Council (42 U.S.C. 2021(h)). (8)(i) The functions of the Secretary of Agriculture and the Department of Agriculture under the Federal Insecticide, Fungicide, and Rodenticide Act, as amend ed (7 U.S.C. 135–135k) [7 U.S.C. 136 et seq.], (ii) the func tions of the Secretary of Agriculture and the Depart ment of Agriculture under section 408(l) of the Federal Food, Drug, and Cosmetic Act, as amended (21 U.S.C. 346a(l)), and (iii) the functions vested by law in the Sec retary of Agriculture and the Department of Agri culture which are administered through the Environ mental Quality Branch of the Plant Protection Divi sion of the Agricultural Research Service. (9) So much of the functions of the transferor officers and agencies referred to in or affected by the foregoing provisions of this section as is incidental to or nec essary for the performance by or under the Adminis trator of the functions transferred by those provisions or relates primarily to those functions. The transfers to the Administrator made by this section shall be deemed to include the transfer of (1) authority, pro vided by law, to prescribe regulations relating pri marily to the transferred functions, and (2) the func tions vested in the Secretary of the Interior and the Secretary of Health, Education, and Welfare by section 169(d)(1)(B) and (3) of the Internal Revenue Code of 1954 (as enacted by section 704 of the Tax Reform Act of 1969, 83 Stat. 668); but shall be deemed to exclude the transfer of the functions of the Bureau of Reclamation under section 3(b)(1) of the Water Pollution Control Act (33 U.S.C. [former] 466a(b)(1)). (b) There are hereby transferred to the Agency: (1) From the Department of the Interior, (i) the Water Pollution Control Advisory Board (33 U.S.C. [former] 466f) [see 33 U.S.C. 1363], together with its functions, and (ii) the hearing boards provided for in sections 10(c)(4) and 10(f) of the Federal Water Pollu tion Control Act, as amended (33 U.S.C. [former] 466g(c)(4); 466g(f)). The functions of the Secretary of the Interior with respect to being or designating the Chair man of the Water Pollution Control Advisory Board are hereby transferred to the Administrator. (2) From the Department of Health, Education, and Welfare, the Air Quality Advisory Board (42 U.S.C. 1857e) [42 U.S.C. 7417], together with its functions. The functions of the Secretary of Health, Education, and Welfare with respect to being a member and the Chair man of that Board are hereby transferred to the Ad ministrator. SEC. 3. PERFORMANCE OF TRANSFERRED FUNCTIONS The Administrator may from time to time make such provisions as he shall deem appropriate authorizing the performance of any of the functions transferred to him by the provisions of this reorganization plan by any other officer, or by any organizational entity or em ployee, of the Agency. SEC. 4. INCIDENTAL TRANSFERS (a) So much of the personnel, property, records, and unexpended balances of appropriations, allocations, and other funds employed, used, held, available or to be made available in connection with the functions trans ferred to the Administrator or the Agency by this reor ganization plan as the Director of the Office of Manage ment and Budget shall determine shall be transferred to the Agency at such time or times as the Director shall direct. (b) Such further measures and dispositions as the Di rector of Office of Management and Budget shall deem to be necessary in order to effectuate the transfers re ferred to in subsection (a) of this section shall be car ried out in such manner as he shall direct and by such agencies as he shall designate. SEC. 5. INTERIM OFFICERS (a) The President may authorize any person who im mediately prior to the effective date of this reorganiza tion plan held a position in the executive branch of the Government to act as Administrator until the office of Administrator is for the first time filled pursuant to the provisions of this reorganization plan or by recess appointment, as the case may be. (b) The President may similarly authorize any such person to act as Deputy Administrator, authorize any such person to act as Assistant Administrator, and au thorize any such person to act as the head of any prin cipal constituent organizational entity of the Adminis tration. (c) The President may authorize any person who serves in an acting capacity under the foregoing provi sions of this section to receive the compensation at tached to the office in respect of which he so serves. Such compensation, if authorized, shall be in lieu of, but not in addition to, other compensation from the United States to which such person may be entitled. SEC. 6. ABOLITIONS (a) Subject to the provisions of this reorganization plan, the following, exclusive of any functions, are hereby abolished: (1) The Federal Water Quality Administration in the Department of the Interior (33 U.S.C. [former] 466–1). (2) The Federal Radiation Council (73 Stat. 690; 42 U.S.C. 2021(h)). (b) Such provisions as may be necessary with respect to terminating any outstanding affairs shall be made by the Secretary of the Interior in the case of the Fed eral Water Quality Administration and by the Adminis trator of General Services in the case of the Federal Radiation Council. SEC. 7. EFFECTIVE DATE The provisions of this reorganization plan shall take effect sixty days after the date they would take effect under 5 U.S.C. 906(a) in the absence of this section. MESSAGE OF THE PRESIDENT To the Congress of the United States: Page 5214 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 I transmit herewith Reorganization Plan No. 3 of 1970, prepared in accordance with chapter 9 of title 5 of the United States Code and providing for an Environ mental Protection Agency. My reasons for transmit ting this plan are stated in a more extended accom panying message. After investigation, I have found and hereby declare that each reorganization included in Reorganization Plan No. 3 of 1970 is necessary to accomplish one or more of the purposes set forth in section 901(a) of title 5 of the United States Code. In particular, the plan is responsive to section 901(a)(1), ‘‘to promote the better execution of the laws, the more effective management of the executive branch and of its agencies and func tions, and the expeditious administration of the public business;’’ and section 901(a)(3), ‘‘to increase the effi ciency of the operations of the Government to the full est extent practicable.’’ The reorganizations provided for in the plan make necessary the appointment and compensation of new officers as specified in section 1 of the plan. The rates of compensation fixed for these officers are comparable to those fixed for other officers in the executive branch who have similar responsibilities. Section 907 of title 5 of the United States Code will operate to preserve administrative proceedings, includ ing any public hearing proceedings, related to the transferred functions, which are pending immediately prior to the taking effect of the reorganization plan. The reorganization plan should result in more effi cient operation of the Government. It is not practical, however, to itemize or aggregate the exact expenditure reductions which will result from this action. RICHARD NIXON. THE WHITE HOUSE, July 9, 1970. MESSAGE OF THE PRESIDENT To the Congress of the United States: As concern with the condition of our physical envi ronment has intensified, it has become increasingly clear that we need to know more about the total envi ronment—land, water and air. It also has become in creasingly clear that only by reorganizing our Federal efforts can we develop that knowledge, and effectively ensure the protection, development and enhancement of the total environment itself. The Government’s environmentally-related activities have grown up piecemeal over the years. The time has come to organize them rationally and systematically. As a major step in this direction, I am transmitting today two reorganization plans: one to establish an En vironmental Protection Agency, and one to establish, within the Department of Commerce, a National Oce anic and Atmospheric Administration. ENVIRONMENTAL PROTECTION AGENCY (EPA) Our national government today is not structured to make a coordinated attack on the pollutants which debase the air we breathe, the water we drink, and the land that grows our food. Indeed, the present govern mental structure for dealing with environmental pollu tion often defies effective and concerted action. Despite its complexity, for pollution control purposes the environment must be perceived as a single, inter related system. Present assignments of departmental responsibilities do not reflect this interrelatedness. Many agency missions, for example, are designed pri marily along media lines—air, water, and land. Yet the sources of air, water, and land pollution are inter related and often interchangeable. A single source may pollute the air with smoke and chemicals, the land with solid wastes, and a river or lake with chemical and other wastes. Control of the air pollution may produce more solid wastes, which then pollute the land or water. Control of the water-polluting effluent may convert it into solid wastes, which must be disposed of on land. Similarly, some pollutants—chemicals, radiation, pesticides—appear in all media. Successful control of them at present requires the coordinated efforts of a variety of separate agencies and departments. The re sults are not always successful. A far more effective approach to pollution control would: —identify pollutants. —trace them through the entire ecological chain, ob serving and recording changes in form as they occur. —Determine the total exposure of man his environ ment. —Examine interactions among forms of pollution. —Identify where in the ecological chain interdiction would be most appropriate. In organizational terms, this requires pulling to gether into one agency a variety of research, monitor ing, standard-setting and enforcement activities now scattered through several departments and agencies. It also requires that the new agency include sufficient support elements—in research and in aids to State and local anti-pollution programs, for example—to give it the needed strength and potential for carrying out its mission. The new agency would also, of course, draw upon the results of research conducted by other agen cies. COMPONENTS OF THE EPA Under the terms of Reorganization Plan No. 3, the following would be moved to the new Environmental Protection Agency: —The functions carried out by the Federal Water Quality Administration (from the Department of the Interior). —Functions with respect to pesticides studies now vested in the Department of the Interior. —The functions carried out by the National Air Pol lution Control Administration (from the Depart ment of Health, Education, and Welfare). —The functions carried out by the Bureau of Solid Waste Management and the Bureau of Water Hy giene, and portions of the functions carried out by the Bureau of Radiological Health of the Environ mental Control Administration (from the Depart ment of Health, Education, and Welfare). —Certain functions with respect to pesticides carried out by the Food and Drug Administration (from the Department of Health, Education, and Welfare). —Authority to perform studies relating to ecological systems now vested in the Council on Environ mental Quality. —Certain functions respecting radiation criteria and standards now vested in the Atomic Energy Com mission and the Federal Radiation Council. —Functions respecting pesticides registration and re lated activities now carried out by the Agricultural Research Service (from the Department of Agri culture). With its broad mandate, EPA would also develop competence in areas of environmental protection that have not previously been given enough attention, such, for example, as the problem of noise, and it would pro vide an organization to which new programs in these areas could be added. In brief, these are the principal functions to be trans ferred: Federal Water Quality Administration.—Charged with the control of pollutants which impair water qual ity, it is broadly concerned with the impact of degraded water quality. It performs a wide variety of functions, including research, standard-setting and enforcement, and provides construction grants and technical assist ance. Certain pesticides research authority from the De partment of the Interior.—Authority for research on the effects of pesticides on fish and wildlife would be provided to the EPA through transfer of the specialized research authority of the pesticides act enacted in 1958. Interior would retain its responsibility to do research on all factors affecting fish and wildlife. Under this provision, only one laboratory would be transferred to Page 5215 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 the EPA—the Gulf Breeze Biological Laboratory of the Bureau of Commercial Fisheries. The EPA would work closely with the fish and wildlife laboratories remain ing with the Bureau of Sport Fisheries and Wildlife. National Air Pollution Control Administration.—As the principal Federal agency concerned with air pollu tion, it conducts research on the effects of air pollu tion, operates a monitoring network, and promulgates criteria which serve as the basis for setting air quality standards. Its regulatory functions are similar to those of the Federal Water Quality Administration. NAPCA is responsible for administering the Clean Air Act, which involves designating air quality regions, approv ing State standards and providing financial and tech nical assistance to State Control agencies to enable them to comply with the Act’s provisions. It also sets and enforces Federal automotive emission standards. Elements of the Environmental Control Administra tion.—ECA is the focal point within HEW for evalua tion and control of a broad range of environmental health problems, including water quality, solid wastes, and radiation. Programs in the ECA involve research, development of criteria and standards, and the admin istration of planning and demonstration grants. From the ECA, the activities of the Bureaus of Water Hy giene and Solid Waste Management and portions of the activities of the Bureau of Radiological Health would be transferred. Other functions of the ECA including those related to the regulation of radiation from con sumer products and occupational safety and health would remain in HEW. Pesticides research and standard-setting programs of the Food and Drug Administration.—FDA’s pesticides program consists of setting and enforcing standards which limit pesticide residues in food. EPA would have the authority to set pesticide standards and to monitor compliance with them, as well as to conduct related re search. However, as an integral part of its food protec tion activities, FDA would retain its authority to re move from the market food with excess pesticide resi dues. General ecological research from the Council on En vironmental Quality.—This authority to perform stud ies and research relating to ecological systems would be in addition to EPA’s other specific research authori ties, and it would help EPA to measure the impact of pollutants. The Council on Environmental Quality would retain its authority to conduct studies and re search relating to environmental quality. Environmental radiation standards programs.—The Atomic Energy Commission is now responsible for es tablishing environmental radiation standards and emission limits for radioactivity. Those standards have been based largely on broad guidelines recommended by the Federal Radiation Council. The Atomic Energy Commission’s authority to set standards for the protec tion of the general environment from radioactive mate rial would be transferred to the Environmental Protec tion Agency. The functions of the Federal Radiation Council would also be transferred. AEC would retain re sponsibility for the implementation and enforcement of radiation standards through its licensing authority. Pesticides registration program of the Agricultural Research Service.—The Department of Agriculture is currently responsible for several distinct functions re lated to pesticides use. It conducts research on the effi cacy of various pesticides as related to other pest con trol methods and on the effects of pesticides on non target plants, livestock, and poultry. It registers pes ticides, monitors their persistence and carries out an educational program on pesticide use through the ex tension service. It conducts extensive pest control pro grams which utilize pesticides. By transferring the Department of Agriculture’s pes ticides registration and monitoring function to the EPA and merging it with the pesticides programs being transferred from HEW and Interior, the new agency would be given a broad capability for control over the introduction of pesticides into the environment. The Department of Agriculture would continue to conduct research on the effectiveness of pesticides. The Department would furnish this information to the EPA, which would have the responsibility for actually licensing pesticides for use after considering environ mental and health effects. Thus the new agency would be able to make use of the expertise of the Department. ADVANTAGES OF REORGANIZATION This reorganization would permit response to envi ronmental problems in a manner beyond the previous capability of our pollution control programs. The EPA would have the capacity to do research on important pollutants irrespective of the media in which they ap pear, and on the impact of these pollutants on the total environment. Both by itself and together with other agencies, the EPA would monitor the condition of the environment—biological as well as physical. With these data, the EPA would be able to establish quantitative ‘‘environmental baselines’’—critical if we are to meas ure adequately the success or failure of our pollution abatement efforts. As no disjointed array of separate programs can, the EPA would be able—in concert with the States—to set and enforce standards for air and water quality and for individual pollutants. This consolidation of pollution control authorities would help assure that we do not create new environmental problems in the process of controlling existing ones. Industries seeking to mini mize the adverse impact of their activities on the envi ronment would be assured of consistent standards cov ering the full range of their waste disposal problems. As the States develop and expand their own pollution control programs, they would be able to look to one agency to support their efforts with financial and tech nical assistance and training. In proposing that the Environmental Protection Agency be set up as a separate new agency, I am mak ing an exception to one of my own principles: that, as a matter of effective and orderly administration, addi tional new independent agencies normally should not be created. In this case, however, the arguments against placing environmental protection activities under the jurisdiction of one or another of the existing departments and agencies are compelling. In the first place, almost every part of government is concerned with the environment in some way, and af fects it in some way. Yet each department also has its own primary mission—such as resource development, transportation, health, defense, urban growth or agri culture—which necessarily affects its own view of envi ronmental questions. In the second place, if the critical standard-setting functions were centralized within any one existing de partment, it would require that department constantly to make decisions affecting other departments—in which, whether fairly or unfairly, its own objectivity as an impartial arbiter could be called into question. Because environmental protection cuts across so many jurisdictions, and because arresting environ mental deterioration is of great importance to the quality of life in our country and the world, I believe that in this case a strong, independent agency is need ed. That agency would, of course, work closely with and draw upon the expertise and assistance of other agencies having experience in the environmental area. ROLES AND FUNCTIONS OF EPA The principal roles and functions of the EPA would include: —The establishment and enforcement of environ mental protection standards consistent with na tional environmental goals. —The conduct of research on the adverse effects of pollution and on methods and equipment for con trolling it, the gathering of information on pollu tion, and the use of this information in strengthen ing environmental protection programs and rec ommending policy changes. —Assisting others, through grants, technical assist ance and other means in arresting pollution of the environment. Page 5216 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 —Assisting the Council on Environmental Quality in developing and recommending to the President new policies for the protection of the environment. One natural question concerns the relationship be tween the EPA and the Council on Environmental Quality, recently established by Act of Congress. It is my intention and expectation that the two will work in close harmony, reinforcing each other’s mis sion. Essentially, the Council is a top-level advisory group (which might be compared with the Council of Economic Advisers), while the EPA would be an operat ing, ‘‘line’’ organization. The Council will continue to be a part of the Executive Office of the President and will perform its overall coordinating and advisory roles with respect to all Federal programs related to envi ronmental quality. The Council, then, is concerned with all aspects of en vironmental quality—wildlife preservation, parklands, land use, and population growth, as well as pollution. The EPA would be charged with protecting the environ ment by abating pollution. In short, the Council fo cuses on what our broad policies in the environment field should be; the EPA would focus on setting and en forcing pollution control standards. The two are not competing, but complementary—and taken together, they should give us, for the first time, the means to mount an effectively coordinated campaign against en vironmental degradation in all of its many forms. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION The oceans and the atmosphere are interacting parts of the total environmental system upon which we de pend not only for the quality of our lives, but for life itself. We face immediate and compelling needs for better protection of life and property from natural hazards, and for a better understanding of the total environ ment—and understanding which will enable us more ef fectively to monitor and predict its actions, and ulti mately, perhaps to exercise some degree of control over them. We also face a compelling need for exploration and development leading to the intelligent use of our ma rine resources. The global oceans, which constitute nearly three-fourths of the surface of our planet, are today the least-understood, the least-developed, and the least-protected part of our earth. Food from the oceans will increasingly be a key element in the world’s fight against hunger. The mineral resources of the ocean beds and of the oceans themselves, are being increasingly tapped to meet the growing world demand. We must understand the nature of these resources, and assure their development without either contaminating the marine environment or upsetting its balance. Establishment of the National Oceanic and Atmos pheric Administration—NOAA—within the Department of Commerce would enable us to approach these tasks in a coordinated way. By employing a unified approach to the problems of the oceans and atmosphere, we can increase our knowledge and expand our opportunities not only in those areas, but in the third major compo nent of our environment, the solid earth, as well. Scattered through various Federal departments and agencies, we already have the scientific, technological, and administrative resources to make an effective, uni fied approach possible. What we need is to bring them together. Establishment of NOAA would do so. By far the largest of the components being merged would be the Commerce Department’s Environmental Science Services Administration (ESSA), with some 10,000 employees (70 percent of NOAA’s total personnel strength) and estimated Fiscal 1970 expenditures of al most $200 million. Placing NOAA within the Depart ment of Commerce therefore entails the least disloca tion, while also placing it within a Department which has traditionally been a center for service activities in the scientific and technological area. COMPONENTS OF NOAA Under terms of Reorganization Plan No. 4, the pro grams of the following organizations would be moved into NOAA: —The Environmental Science Services Administra tion (from within the Department of Commerce). —Elements of the Bureau of Commercial Fisheries (from the Department of the Interior). —The marine sport fish program of the Bureau of Sport Fisheries and Wildlife (from the Department of the Interior). —The Marine Minerals Technology Center of the Bu reau of Mines (from the Department of the Inte rior). —The Office of Sea Grant Programs (from the Na tional Science Foundation). —Elements of the United States Lake Survey (from the Department of the Army). In addition, by executive action, the programs of the following organizations would be transferred to NOAA: —The National Oceanographic Data Center (from the Department of the Navy). —The National Oceanographic Instrumentation Cen ter (from the Department of the Navy). —The National Data Buoy Project (from the Depart ment of Transportation). In brief, these are the principal functions of the pro grams and agencies to be combined: THE ENVIRONMENTAL SCIENCE SERVICES ADMINISTRATION (ESSA) comprises the following components: —The Weather Bureau (weather, marine, river and flood forecasting and warning). —The Coast and Geodetic Survey (earth and marine description, mapping and charting). —The Environmental Data Service (storage and re trieval of environmental data). —The National Environmental Satellite Center (ob servation of the global environment from earth-or biting satellites). —The ESSA Research Laboratories (research on physical environmental problems). ESSA’s activities include observing and predicting the state of the oceans, the state of the lower and upper atmosphere, and the size and shape of the earth. It maintains the nation’s warning systems for such natu ral hazards as hurricanes, tornadoes, floods, earth quakes and seismic sea waves. It provides information for national defense, agriculture, transportation and industry. ESSA monitors atmospheric, oceanic and geophysical phenomena on a global basis, through an unparalleled complex of air, ocean, earth and space facilities. It also prepares aeronautical and marine maps and charts. Bureau of Commercial Fisheries and marine sport fish activities.—Those fishery activities of the Depart ment of the Interior’s U.S. Fish and Wildlife Service which are ocean related and those which are directed toward commercial fishing would be transferred. The Fish and Wildlife Service’s Bureau of Commercial Fish eries has the dual function of strengthening the fishing industry and promoting conservation of fishery stocks. It conducts research on important marine species and on fundamental oceanography, and operates a fleet of oceanographic vessels and a number of laboratories. Most of its activities would be transferred. From the Fish and Wildlife Service’s Bureau of Sport Fisheries and Wildlife, the marine sport fishing program would be transferred. This involves five supporting labora tories and three ships engaged in activities to enhance marine sport fishing opportunities. The Marine Minerals Technology Center is concerned with the development of marine mining technology. Office of Sea Grant Programs.—The Sea Grant Pro gram was authorized in 1966 to permit the Federal Gov ernment to assist the academic and industrial commu nities in developing marine resources and technology. It aims at strengthening education and training of ma Page 5217 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 rine specialists, supporting applied research in the re covery and use of marine resources, and developing ex tension and advisory services. The Office carries out these objectives by making grants to selected academic institutions. The U.S. Lake Survey has two primary missions. It prepares and publishes navigation charts of the Great Lakes and tributary waters and conducts research on a variety of hydraulic and hydrologic phenomena of the Great Lakes’ waters. Its activities are very similar to those conducted along the Atlantic and Pacific coasts by ESSA’s Coast and Geodetic Survey. The National Oceanographic Data Center is respon sible for the collection and dissemination of oceano graphic data accumulated by all Federal agencies. The National Oceanographic Instrumentation Center provides a central Federal service for the calibration and testing of oceanographic instruments. The National Data Buoy Development Project was es tablished to determine the feasibility of deploying a system of automatic ocean buoys to obtain oceanic and atmospheric data. ROLE OF NOAA Drawing these activities together into a single agen cy would make possible a balanced Federal program to improve our understanding of the resources of the sea, and permit their development and use while guarding against the sort of thoughtless exploitation that in the past laid waste to so many of our precious natural as sets. It would make possible a consolidated program for achieving a more comprehensive understanding of oce anic and atmospheric phenomena, which so greatly af fect our lives and activities. It would facilitate the co operation between public and private interests that can best serve the interests of all. I expect that NOAA would exercise leadership in de veloping a national oceanic and atmospheric program of research and development. It would coordinate its own scientific and technical resources with the tech nical and operational capabilities of other government agencies and private institutions. As important, NOAA would continue to provide those services to other agen cies of government, industry and private individuals which have become essential to the efficient operation of our transportation systems, our agriculture and our national security. I expect it to maintain continuing and close liaison with the new Environmental Protec tion Agency and the Council on Environmental Quality as part of an effort to ensure that environmental ques tions are dealt with in their totality and they benefit from the full range of the government’s technical and human resources. Authorities who have studied this matter, including the Commission on Marine Science, Engineering and Resources, strongly recommended the creation of a Na tional Advisory Committee for the Oceans. I agree. Consequently, I will request, upon approval of the plan, that the Secretary of Commerce establish a National Advisory Committee for the Oceans and the Atmos phere to advise him on the progress of governmental and private programs in achieving the nation’s oceanic and atmospheric objectives. AN ON-GOING PROCESS The reorganizations which I am here proposing afford both the Congress and the Executive Branch an oppor tunity to re-evaluate the adequacy of existing program authorities involved in these consolidations. As these two new organizations come into being, we may well find that supplementary legislation to perfect their au thorities will be necessary. I look forward to working with the Congress in this task. In formulating these reorganization plans, I have been greatly aided by the work of the President’s Advi sory Council on Executive Organization (the Ash Coun cil), the Commission on Marine Science, Engineering and Resources (the Stratton Commission, appointed by President Johnson), my special task force on oceanog raphy headed by Dr. James Wakelin, and by the infor mation developed during both House and Senate hear ings on proposed NOAA legislation. Many of those who have advised me have proposed ad ditional reorganizations, and it may well be that in the future I shall recommend further changes. For the present, however, I think the two reorganizations transmitted today represent a sound and significant be ginning. I also think that in practical terms, in this sensitive and rapidly developing area, it is better to proceed a step at a time—and thus to be sure that we are not caught up in a form of organizational indiges tion from trying to rearrange too much at once. As we see how these changes work out, we will gain a better understanding of what further changes—in addition to these—might be desirable. Ultimately, our objective should be to insure that the nation’s environmental and resource protection activi ties are so organized as to maximize both the effective coordination of all and the effective functioning of each. The Congress, the Administration and the public all share a profound commitment to the rescue of our nat ural environment, and the preservation of the Earth as a place both habitable by and hospitable to man. With its acceptance of these reorganization plans, the Con gress will help us fulfill that commitment. RICHARD NIXON. THE WHITE HOUSE, July 9, 1970. EX. ORD. NO. 11472. CABINET COMMITTEE ON THE ENVI RONMENT AND CITIZENS’ ADVISORY COMMITTEE ON ENVI RONMENTAL QUALITY Ex. Ord. No. 11472, May 29, 1969, 34 F.R. 8693, as amended by Ex. Ord. No. 11514, Mar. 5, 1970, 35 F.R. 4247; Ex. Ord. No. 12007, Aug. 22, 1977, 42 F.R. 42839, provided: By virtue of the authority vested in me as President of the United States, it is ordered as follows: PART I—CABINET COMMITTEE ON THE ENVIRONMENT SECTION 101. Establishment of the Cabinet Committee. (a) There is hereby established the Cabinet Committee on the Environment (hereinafter referred to as ‘‘the Cabi net Committee’’). (b) The President of the United States shall preside over meetings of the Cabinet Committee. The Vice President shall preside in the absence of the President. (c) The Cabinet Committee shall be composed of the following members: The Vice President of the United States Secretary of Agriculture Secretary of Commerce Secretary of Health, Education, and Welfare Secretary of Housing and Urban Development Secretary of the Interior Secretary of Transportation and such other heads of departments and agencies and others as the President may from time to time direct. (d) Each member of the Cabinet Committee may des ignate an alternate, who shall serve as a member of the Cabinet Committee whenever the regular member is unable to attend any meeting of the Cabinet Commit tee. (e) When matters which affect the interest of Federal agencies the heads of which are not members of the Cabinet Committee are to be considered by the Cabinet Committee, the President or his representative may in vite such agency heads or their alternates to partici pate in the deliberations of the Cabinet Committee. (f) The Director of the Bureau of the Budget [now the Director of the Office of Management and Budget], the Director of the Office of Science and Technology, the Chairman of the Council of Economic Advisers, and the Executive Secretary of the Council for Urban Affairs or their representatives may participate in the delibera tions of the Cabinet Committee on the Environment as observers. (g) The Chairman of the Council on Environmental Quality (established by Public Law 91–190) [this chap Page 5218 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 ter] shall assist the President in directing the affairs of the Cabinet Committee. SEC. 102. Functions of the Cabinet Committee. (a) The Cabinet Committee shall advise and assist the Presi dent with respect to environmental quality matters and shall perform such other related duties as the President may from time to time prescribe. In addition thereto, the Cabinet Committee is directed to: (1) Recommend measures to ensure that Federal poli cies and programs, including those for development and conservation of natural resources, take adequate ac count of environmental effects. (2) Review the adequacy of existing systems for mon itoring and predicting environmental changes so as to achieve effective coverage and efficient use of facilities and other resources. (3) Foster cooperation between the Federal Govern ment, State and local governments, and private organi zations in environmental programs. (4) Seek advancement of scientific knowledge of changes in the environment and encourage the develop ment of technology to prevent or minimize adverse ef fects that endanger man’s health and well-being. (5) Stimulate public and private participation in pro grams and activities to protect against pollution of the Nation’s air, water, and land and its living resources. (6) Encourage timely public disclosure by all levels of government and by private parties of plans that would affect the quality of environment. (7) Assure assessment of new and changing tech nologies for their potential effects on the environment. (8) Facilitate coordination among departments and agencies of the Federal Government in protecting and improving the environment. (b) The Cabinet Committee shall review plans and ac tions of Federal agencies affecting outdoor recreation and natural beauty. The Cabinet Committee may con duct studies and make recommendations to the Presi dent on matters of policy in the fields of outdoor recre ation and natural beauty. In carrying out the foregoing provisions of this subsection, the Cabinet Committee shall, as far as may be practical, advise Federal agen cies with respect to the effect of their respective plans and programs on recreation and natural beauty, and may suggest to such agencies ways to accomplish the purposes of this order. For the purposes of this order, plans and programs may include, but are not limited to, those for or affecting: (1) Development, restoration, and preservation of the beauty of the countryside, urban and suburban areas, water resources, wild rivers, scenic roads, parkways and highways, (2) the protection and appropriate management of scenic or primitive areas, natural wonders, historic sites, and recreation areas, (3) the management of Federal land and water resources, including fish and wildlife, to enhance natu ral beauty and recreational opportunities consistent with other essential uses, (4) cooperation with the States and their local subdivisions and private organi zations and individuals in areas of mutual interest, (5) interstate arrangements, including Federal participa tion where authorized and necessary, and (6) leadership in a nationwide recreation and beautification effort. SEC. 103. Coordination. The Secretary of the Interior may make available to the Cabinet Committee for co ordination of outdoor recreation the authorities and re sources available to him under the Act of May 28, 1963, 77 Stat. 49 [16 U.S.C. 460l et seq.], to the extent per mitted by law, he may make such authorities and re sources available to the Cabinet Committee also for promoting such coordination of other matters assigned to the Cabinet Committee by this order. SEC. 104. Assistance for the Cabinet Committee. In com pliance with provisions of applicable law, and as nec essary to serve the purposes of this order, (1) the Coun cil on Environmental Quality (established by Public Law 91–190) [this chapter] shall provide or arrange for necessary administrative and staff services, support, and facilities for the Cabinet Committee, and (2) each department and agency which has membership on the Cabinet Committee under Section 101(c) hereof shall furnish the Cabinet Committee such information and other assistance as may be available. PART II—CITIZENS’ ADVISORY COMMITTEE ON ENVIRONMENTAL QUALITY [Revoked. Ex. Ord. No. 12007, Aug. 22, 1977, 42 F.R. 42839.] PART III—GENERAL PROVISIONS SEC. 301. Construction. Nothing in this order shall be construed as subjecting any department, establish ment, or other instrumentality of the executive branch of the Federal Government or the head thereof, or any function vested by law in or assigned pursuant to law to any such agency or head, to the authority of any other such agency or head or as abrogating, modifying, or restricting any such function in any manner. SEC. 302. Prior bodies and orders. The President’s Coun cil on Recreation and Natural Beauty and the Citizens’ Advisory Committee on Recreation and Natural Beauty are hereby terminated and the following are revoked: (1) Executive Order No. 11278 of May 4, 1966. (2) Executive Order No. 11359A of June 29, 1967. (3) Executive Order No. 11402 of March 29, 1968. TERMINATION OF CABINET COMMITTEE ON THE ENVIRONMENT The Cabinet Committee on the Environment was ter minated and its functions transferred to the Domestic Council, see section 2(b) of Ex. Ord. No. 11541, eff. July 1, 1970, 35 F.R. 10737, set out as a note under section 501 of Title 31, Money and Finance. The Domestic Council was abolished by Reorg. Plan No. 1 of 1977, § 3, 42 F.R. 56101, 91 Stat. 1633, set out in the Appendix to Title 5, Government Organization and Employees, effective on or before Apr. 1, 1978, at such time as specified by the President. Section 5D of Reorg. Plan No. 1 of 1977 transferred all functions vested in the Domestic Council to the President with power to dele gate the performance of such transferred functions within the Executive Office of the President. TERMINATION OF CITIZENS’ ADVISORY COMMITTEE ON ENVIRONMENTAL QUALITY For provisions relating to termination of Citizens’ Advisory Committee on Environmental Quality see Ex. Ord. No. 12007, Aug. 22, 1977, 42 F.R. 42839, set out as a note under section 14 of the Federal Advisory Commit tee Act in the Appendix to Title 5, Government Organi zation and Employees. EX. ORD. NO. 11514. PROTECTION AND ENHANCEMENT OF ENVIRONMENTAL QUALITY Ex. Ord. No. 11514, Mar. 5, 1970, 35 F.R. 4247, as amend ed by Ex. Ord. No. 11991, May 24, 1977, 42 F.R. 26967, pro vided: By virtue of the authority vested in me as President of the United States and in furtherance of the purpose and policy of the National Environmental Policy Act of 1969 (Public Law No. 91–190, approved January 1, 1970) [this chapter], it is ordered as follows: SECTION 1. Policy. The Federal Government shall pro vide 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 na tional effort. SEC. 2. Responsibilities of Federal agencies. Consonant with Title I of the National Environmental Policy Act of 1969 [42 U.S.C. 4331 et seq.], 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 en hance the quality of the environment. Such activities shall include those directed to controlling pollution Page 5219 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 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 envi ronmental quality and shall assess progress in meeting the specific objectives of such activities. Heads of agen cies 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 prac ticable provision of timely public information and un derstanding of Federal plans and programs with envi ronmental impact in order to obtain the views of inter ested parties. These procedures shall include, whenever appropriate, provision 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 po tential environmental problems and control methods developed as part of research, development, demonstra tion, test, or evaluation activities is made available to Federal agencies, States, counties, municipalities, in stitutions, and other entities, as appropriate. (d) Review their agencies’ statutory authority, ad ministrative regulations, policies, and procedures, in cluding those relating to loans, grants, contracts, leases, licenses, or permits, in order to identify any de ficiencies 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 [42 U.S.C. 4332]. (g) In carrying out their responsibilities under the Act and this Order, comply with the regulations issued by the Council except where such compliance would be inconsistent with statutory requirements. SEC. 3. Responsibilities of Council on Environmental Quality. The Council on Environmental Quality shall: (a) Evaluate existing and proposed policies and ac tivities of the Federal Government directed to the con trol of pollution and the enhancement of the environ ment and to the accomplishment of other objectives which affect the quality of the environment. This shall include continuing review of procedures employed in the development and enforcement of Federal standards affecting environmental quality. Based upon such eval uations the Council shall, where appropriate, rec ommend 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 ade quately addressed. (d) Conduct, as it determines to be appropriate, pub lic hearings or conferences on issues of environmental significance. (e) Promote the development and use of indices and monitoring systems (1) to assess environmental condi tions and trends, (2) to predict the environmental im pact of proposed public and private actions, and (3) to determine the effectiveness of programs for protecting and enhancing environmental quality. (f) Coordinate Federal programs related to environ mental quality. (g) Advise and assist the President and the agencies in achieving international cooperation for dealing with environmental problems, under the foreign policy guid ance of the Secretary of State. (h) Issue regulations to Federal agencies for the im plementation of the procedural provisions of the Act (42 U.S.C. 4332(2)). Such regulations shall be developed after consultation with affected agencies and after such public hearings as may be appropriate. They will be de signed to make the environmental impact statement process more useful to decisionmakers and the public; and to reduce paperwork and the accumulation of ex traneous background data, in order to emphasize the need to focus on real environmental issues and alter natives. They will require impact statements to be con cise, clear, and to the point, and supported by evidence that agencies have made the necessary environmental analyses. The Council shall include in its regulations procedures (1) for the early preparation of environ mental impact statements, and (2) for the referral to the Council of conflicts between agencies concerning the implementation of the National Environmental Policy Act of 1969, as amended [this chapter], and Sec tion 309 of the Clean Air Act, as amended [42 U.S.C. 7609], for the Council’s recommendation as to their prompt resolution. (i) Issue such other instructions to agencies, and re quest such reports and other information from them, as may be required to carry out the Council’s responsibil ities under the Act. (j) Assist the President in preparing the annual Envi ronmental Quality Report provided for in section 201 of the Act [42 U.S.C. 4341]. (k) Foster investigations, studies, surveys, research, and analyses relating to (i) ecological systems and en vironmental quality, (ii) the impact of new and chang ing 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’’, wher ever 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) [this chap ter] 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) [this chapter]’’. (7) By substituting for ‘‘(hereinafter referred to as the ‘Committee’)’’, in section 201, the following: ‘‘(herein after referred to as the ‘Citizens’ Committee’)’’. (8) By substituting for the term ‘‘the Committee’’, wherever it occurs, the following: ‘‘the Citizens’ Com mittee’’. EX. ORD. NO. 11523. NATIONAL INDUSTRIAL POLLUTION CONTROL COUNCIL Ex. Ord. No. 11523, eff. Apr. 9, 1970, 35 F.R. 5993, pro vided: By virtue of the authority vested in me as President of the United States, and in furtherance of the purpose and policy of the National Environmental Policy Act of 1969 (Public Law 91–190, approved January 1, 1970) [this chapter], it is ordered as follows: SECTION 1. Establishment of the Council. (a) There is hereby established the National Industrial Pollution Page 5220 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 Control Council (hereinafter referred to as ‘‘the Indus trial Council’’) which shall be composed of a Chairman, a Vice-chairman, and other representatives of business and industry appointed by the Secretary of Commerce (hereinafter referred to as ‘‘the Secretary’’). (b) The Secretary, with the concurrence of the Chair man, shall appoint an Executive Director of the Indus trial Council. SEC. 2. Functions of the Industrial Council. The Indus trial Council shall advise the President and the Chair man of the Council on Environmental Quality, through the Secretary, on programs of industry relating to the quality of the environment. In particular, the Indus trial Council may— (1) Survey and evaluate the plans and actions of in dustry in the field of environmental quality. (2) Identify and examine problems of the effects on the environment of industrial practices and the needs of industry for improvements in the quality of the envi ronment, and recommend solutions to those problems. (3) Provide liaison among members of the business and industrial community on environmental quality matters. (4) Encourage the business and industrial community to improve the quality of the environment. (5) Advise on plans and actions of Federal, State, and local agencies involving environmental quality policies affecting industry which are referred to it by the Sec retary, or by the Chairman of the Council on Environ mental Quality through the Secretary. SEC. 3. Subordinate Committees. The Industrial Council may establish, with the concurrence of the Secretary, such subordinate committees as it may deem appro priate to assist in the performance of its functions. Each subordinate committee shall be headed by a chairman appointed by the Chairman of the Industrial Council with the concurrence of the Secretary. SEC. 4. Assistance for the Industrial Council. In compli ance with applicable law, and as necessary to serve the purposes of this order, the Secretary shall provide or arrange for administrative and staff services, support, and facilities for the Industrial Council and any of its subordinate committees. SEC. 5. Expenses. Members of the Industrial Council or any of its subordinate committees shall receive no compensation from the United States by reason of their services hereunder, but may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law (5 U.S.C. 5703) for persons in the Government service employed intermittently. SEC. 6. Regulations. The provisions of Executive Order No. 11007 of February 26, 1962 (3 CFR 573) [see 5 U.S.C. 901 note] prescribing regulations for the formation and use of advisory committees, are hereby made applicable to the Industrial Council and each of its subordinate committees. The Secretary may exercise the discre tionary powers set forth in that order. SEC. 7. Construction. Nothing in this order shall be construed as subjecting any Federal agency, or any function vested by law in, or assigned pursuant to law to, any Federal agency to the authority of any other Federal agency or of the Industrial Council or of any of its subordinate committees, or as abrogating or re stricting any such function in any manner. RICHARD NIXON. EXECUTIVE ORDER NO. 11643 Ex. Ord. No. 11643, eff. Feb. 8, 1972, 37 F.R. 2875, as amended by Ex. Ord. No. 11870, eff. July 18, 1975, 40 F.R. 30611; Ex. Ord. No. 11917, eff. May 28, 1976, 41 F.R. 22239, which related to environmental safeguards on activi ties for animal damage control on Federal lands, was revoked by Ex. Ord. No. 12342, Jan. 27, 1982, 47 F.R. 4223. EX. ORD. NO. 11644. USE OF OFF-ROAD VEHICLES ON PUBLIC LANDS Ex. Ord. No. 11644, Feb. 8, 1972, 37 F.R. 2877, as amend ed by Ex. Ord. No. 11989, May 24, 1977, 42 F.R. 26959; Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided: An estimated 5 million off-road recreational vehi cles—motorcycles, minibikes, trail bikes, snowmobiles, dunebuggies, all-terrain vehicles, and others—are in use in the United States today, and their popularity continues to increase rapidly. The widespread use of such vehicles on the public lands—often for legitimate purposes but also in frequent conflict with wise land and resource management practices, environmental values, and other types of recreational activity—has demonstrated the need for a unified Federal policy to ward the use of such vehicles on the public lands. NOW, THEREFORE, by virtue of the authority vested in me as President of the United States by the Con stitution of the United States and in furtherance of the purpose and policy of the National Environmental Pol icy Act of 1969 (42 U.S.C. 4321), it is hereby ordered as follows: SECTION 1. Purpose. It is the purpose of this order to establish policies and provide for procedures that will ensure that the use of off-road vehicles on public lands will be controlled and directed so as to protect the re sources of those lands, to promote the safety of all users of those lands, and to minimize conflicts among the various uses of those lands. SEC. 2. Definitions. As used in this order, the term: (1) ‘‘public lands’’ means (A) all lands under the cus tody and control of the Secretary of the Interior and the Secretary of Agriculture, except Indian lands, (B) lands under the custody and control of the Tennessee Valley Authority that are situated in western Ken tucky and Tennessee and are designated as ‘‘Land Be tween the Lakes,’’ and (C) lands under the custody and control of the Secretary of Defense; (2) ‘‘respective agency head’’ means the Secretary of the Interior, the Secretary of Defense, the Secretary of Agriculture, and the Board of Directors of the Ten nessee Valley Authority, with respect to public lands under the custody and control of each; (3) ‘‘off-road vehicle’’ means any motorized vehicle designed for or capable of cross-country travel on or immediately over land, water, sand, snow, ice, marsh, swampland, or other natural terrain; except that such term excludes (A) any registered motorboat, (B) any fire, military, emergency or law enforcement vehicle when used for emergency purposes, and any combat or combat support vehicle when used for national defense purposes, and (C) any vehicle whose use is expressly au thorized by the respective agency head under a permit, lease, license, or contract; and (4) ‘‘official use’’ means use by an employee, agent, or designated representative of the Federal Government or one of its contractors in the course of his employ ment, agency, or representation. SEC. 3. Zones of Use. (a) Each respective agency head shall develop and issue regulations and administrative instructions, within six months of the date of this order, to provide for administrative designation of the specific areas and trails on public lands on which the use of off-road vehicles may be permitted, and areas in which the use of off-road vehicles may not be per mitted, and set a date by which such designation of all public lands shall be completed. Those regulations shall direct that the designation of such areas and trails will be based upon the protection of the resources of the public lands, promotion of the safety of all users of those lands, and minimization of conflicts among the various uses of those lands. The regulations shall fur ther require that the designation of such areas and trails shall be in accordance with the following— (1) Areas and trails shall be located to minimize dam age to soil, watershed, vegetation, or other resources of the public lands. (2) Areas and trails shall be located to minimize har assment of wildlife or significant disruption of wildlife habitats. (3) Areas and trails shall be located to minimize con flicts between off-road vehicle use and other existing or proposed recreational uses of the same or neighboring public lands, and to ensure the compatibility of such uses with existing conditions in populated areas, tak ing into account noise and other factors. Page 5221 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 (4) Areas and trails shall not be located in officially designated Wilderness Areas or Primitive Areas. Areas and trails shall be located in areas of the National Park system, Natural Areas, or National Wildlife Refuges and Game Ranges only if the respective agency head determines that off-road vehicle use in such locations will not adversely affect their natural, aesthetic, or scenic values. (b) The respective agency head shall ensure adequate opportunity for public participation in the promulga tion of such regulations and in the designation of areas and trails under this section. (c) The limitations on off-road vehicle use imposed under this section shall not apply to official use. SEC. 4. Operating Conditions. Each respective agency head shall develop and publish, within one year of the date of this order, regulations prescribing operating conditions for off-road vehicles on the public lands. These regulations shall be directed at protecting re source values, preserving public health, safety, and wel fare, and minimizing use conflicts. SEC. 5. Public Information. The respective agency head shall ensure that areas and trails where off-road vehicle use is permitted are well marked and shall provide for the publication and distribution of information, includ ing maps, describing such areas and trails and explain ing the conditions on vehicle use. He shall seek co operation of relevant State agencies in the dissemina tion of this information. SEC. 6. Enforcement. The respective agency head shall, where authorized by law, prescribe appropriate pen alties for violation of regulations adopted pursuant to this order, and shall establish procedures for the en forcement of those regulations. To the extent per mitted by law, he may enter into agreements with State or local governmental agencies for cooperative enforcement of laws and regulations relating to off road vehicle use. SEC. 7. Consultation. Before issuing the regulations or administrative instructions required by this order or designating areas or trails are required by this order and those regulations and administrative instructions, the Secretary of the Interior shall, as appropriate, con sult with the Secretary of Energy and the Nuclear Reg ulatory Commission. SEC. 8. Monitoring of Effects and Review. (a) The re spective agency head shall monitor the effects of the use of off-road vehicles on lands under their jurisdic tions. On the basis of the information gathered, they shall from time to time amend or rescind designation of areas or other actions taken pursuant to this order as necessary to further the policy of this order. (b) The Council on Environmental Quality shall maintain a continuing review of the implementation of this order. SEC. 9. Special Protection of the Public Lands. (a) Not withstanding the provisions of Section 3 of this Order, the respective agency head shall, whenever he deter mines that the use of off-road vehicles will cause or is causing considerable adverse effects on the soil, vegeta tion, wildlife, wildlife habitat or cultural or historic re sources of particular areas or trails of the public lands, immediately close such areas or trails to the type of off-road vehicle causing such effects, until such time as he determines that such adverse effects have been eliminated and that measures have been implemented to prevent future recurrence. (b) Each respective agency head is authorized to adopt the policy that portions of the public lands with in his jurisdiction shall be closed to use by off-road ve hicles except those areas or trails which are suitable and specifically designated as open to such use pursu ant to Section 3 of this Order. EXECUTIVE ORDER NO. 11987 Ex. Ord. No. 11987, May 24, 1977, 42 F.R. 26949, which directed executive agencies, and encouraged States, local governments, and private citizens, to restrict the introduction of exotic species into the natural eco systems on lands and waters under their control, and which directed executive agencies to restrict the expor tation of native species for introduction of such species into ecosystems outside the United States where they do not naturally occur, unless such introduction or ex portation was found not to have an adverse effect on natural ecosystems, was revoked by Ex. Ord. No. 13112, § 6(b), Feb. 3, 1999, 64 F.R. 6186, set out below. EX. ORD. NO. 11988. FLOODPLAIN MANAGEMENT Ex. Ord. No. 11988, May 24, 1977, 42 F.R. 26951, as amended by Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43239, provided: By virtue of the authority vested in me by the Con stitution and statutes of the United States of America, and as President of the United States of America, in furtherance of the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et seq.), the National Flood Insurance Act of 1968, as amended (42 U.S.C. 4001 et seq.), and the Flood Disaster Protection Act of 1973 (Public Law 93–234, 87 Stat. 975) [see Short Title of 1973 Amendment note set out under 42 U.S.C. 4001], in order to avoid to the extent possible the long and short term adverse impacts associated with the occupancy and modification of floodplains and to avoid direct or indi rect support of floodplain development wherever there is a practicable alternative, it is hereby ordered as fol lows: SECTION 1. Each agency shall provide leadership and shall take action to reduce the risk of flood loss, to minimize the impact of floods on human safety, health and welfare, and to restore and preserve the natural and beneficial values served by floodplains in carrying out its responsibilities for (1) acquiring, managing, and disposing of Federal lands and facilities; (2) providing Federally undertaken, financed, or assisted construc tion and improvements; and (3) conducting Federal ac tivities and programs affecting land use, including but not limited to water and related land resources plan ning, regulating, and licensing activities. SEC. 2. In carrying out the activities described in Sec tion 1 of this Order, each agency has a responsibility to evaluate the potential effects of any actions it may take in a floodplain; to ensure that its planning pro grams and budget requests reflect consideration of flood hazards and floodplain management; and to pre scribe procedures to implement the policies and re quirements of this Order, as follows: (a)(1) Before taking an action, each agency shall de termine whether the proposed action will occur in a floodplain—for major Federal actions significantly af fecting the quality of the human environment, the evaluation required below will be included in any state ment prepared under Section 102(2)(C) of the National Environmental Policy Act [42 U.S.C. 4332(2)(C)]. This determination shall be made according to a Depart ment of Housing and Urban Development (HUD) flood plain map or a more detailed map of an area, if avail able. If such maps are not available, the agency shall make a determination of the location of the floodplain based on the best available information. The Water Re sources Council shall issue guidance on this informa tion not later than October 1, 1977. (2) If an agency has determined to, or proposes to, conduct, support, or allow an action to be located in a floodplain, the agency shall consider alternatives to avoid adverse effects and incompatible development in the floodplains. If the head of the agency finds that the only practicable alternative consistent with the law and with the policy set forth in this Order requires siting in a floodplain, the agency shall, prior to taking action, (i) design or modify its action in order to mini mize potential harm to or within the floodplain, con sistent with regulations issued in accord with Section 2(d) of this Order, and (ii) prepare and circulate a no tice containing an explanation of why the action is pro posed to be located in the floodplain. (3) For programs subject to the Office of Management and Budget Circular A–95, the agency shall send the no tice, not to exceed three pages in length including a lo cation map, to the state and areawide A–95 clearing Page 5222 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 houses for the geographic areas affected. The notice shall include: (i) the reasons why the action is proposed to be located in a floodplain; (ii) a statement indicating whether the action conforms to applicable state or local floodplain protection standards and (iii) a list of the alternatives considered. Agencies shall endeavor to allow a brief comment period prior to taking any ac tion. (4) Each agency shall also provide opportunity for early public review of any plans or proposals for ac tions in floodplains, in accordance with Section 2(b) of Executive Order No. 11514, as amended [set out above], including the development of procedures to accomplish this objective for Federal actions whose impact is not significant enough to require the preparation of an en vironmental impact statement under Section 102(2)(C) of the National Environmental Policy Act of 1969, as amended [42 U.S.C. 4332(2)(C)]. (b) Any requests for new authorizations or appropria tions transmitted to the Office of Management and Budget shall indicate, if an action to be proposed will be located in a floodplain, whether the proposed action is in accord with this Order. (c) Each agency shall take floodplain management into account when formulating or evaluating any water and land use plans and shall require land and water re sources use appropriate to the degree of hazard in volved. Agencies shall include adequate provision for the evaluation and consideration of flood hazards in the regulations and operating procedures for the licenses, permits, loan or grants-in-aid programs that they ad minister. Agencies shall also encourage and provide ap propriate guidance to applicants to evaluate the effects of their proposals in floodplains prior to submitting ap plications for Federal licenses, permits, loans or grants. (d) As allowed by law, each agency shall issue or amend existing regulations and procedures within one year to comply with this Order. These procedures shall incorporate the Unified National Program for Flood plain Management of the Water Resources Council, and shall explain the means that the agency will employ to pursue the nonhazardous use of riverine, coastal and other floodplains in connection with the activities under its authority. To the extent possible, existing processes, such as those of the Council on Environ mental Quality and the Water Resources Council, shall be utilized to fulfill the requirements of this Order. Agencies shall prepare their procedures in consultation with the Water Resources Council, the Director of the Federal Emergency Management Agency, and the Council on Environmental Quality, and shall update such procedures as necessary. SEC. 3. In addition to the requirements of Section 2, agencies with responsibilities for Federal real property and facilities shall take the following measures: (a) The regulations and procedures established under Section 2(d) of this Order shall, at a minimum, require the construction of Federal structures and facilities to be in accordance with the standards and criteria and to be consistent with the intent of those promulgated under the National Flood Insurance Program. They shall deviate only to the extent that the standards of the Flood Insurance Program are demonstrably inap propriate for a given type of structure or facility. (b) If, after compliance with the requirements of this Order, new construction of structures or facilities are to be located in a floodplain, accepted floodproofing and other flood protection measures shall be applied to new construction or rehabilitation. To achieve flood protection, agencies shall, wherever practicable, ele vate structures above the base flood level rather than filling in land. (c) If property used by the general public has suffered flood damage or is located in an identified flood hazard area, the responsible agency shall provide on struc tures, and other places where appropriate, conspicuous delineation of past and probable flood height in order to enhance public awareness of and knowledge about flood hazards. (d) When property in floodplains is proposed for lease, easement, right-of-way, or disposal to non-Federal pub lic or private parties, the Federal agency shall (1) ref erence in the conveyance those uses that are restricted under identified Federal, State or local floodplain regu lations; and (2) attach other appropriate restrictions to the uses of properties by the grantee or purchaser and any successors, except where prohibited by law; or (3) withhold such properties from conveyance. SEC. 4. In addition to any responsibilities under this Order and Sections 202 and 205 of the Flood Disaster Protection Act of 1973, as amended (42 U.S.C. 4106 and 4128), agencies which guarantee, approve, regulate, or insure any financial transaction which is related to an area located in a floodplain shall, prior to completing action on such transaction, inform any private parties participating in the transaction of the hazards of locat ing structures in the floodplain. SEC. 5. The head of each agency shall submit a report to the Council on Environmental Quality and to the Water Resources Council on June 30, 1978, regarding the status of their procedures and the impact of this Order on the agency’s operations. Thereafter, the Water Re sources Council shall periodically evaluate agency pro cedures and their effectiveness. SEC. 6. As used in this Order: (a) The term ‘‘agency’’ shall have the same meaning as the term ‘‘Executive agency’’ in Section 105 of Title 5 of the United States Code and shall include the mili tary departments; the directives contained in this Order, however, are meant to apply only to those agen cies which perform the activities described in Section 1 which are located in or affecting floodplains. (b) The term ‘‘base flood’’ shall mean that flood which has a one percent or greater chance of occur rence in any given year. (c) The term ‘‘floodplain’’ shall mean the lowland and relatively flat areas adjoining inland and coastal wa ters including floodprone areas of offshore islands, in cluding at a minimum, that area subject to a one per cent or greater chance of flooding in any given year. SEC. 7. Executive Order No. 11296 of August 10, 1966, is hereby revoked. All actions, procedures, and issuances taken under that Order and still in effect shall remain in effect until modified by appropriate authority under the terms of this Order. SEC. 8. Nothing in this Order shall apply to assistance provided for emergency work essential to save lives and protect property and public health and safety, per formed pursuant to Sections 305 and 306 of the Disaster Relief Act of 1974 (88 Stat. 148, 42 U.S.C. 5145 and 5146). SEC. 9. To the extent the provisions of Section 2(a) of this Order are applicable to projects covered by Section 104(h) of the Housing and Community Development Act of 1974, as amended (88 Stat. 640, 42 U.S.C. 5304(h)), the responsibilities under those provisions may be assumed by the appropriate applicant, if the applicant has also assumed, with respect to such projects, all of the re sponsibilities for environmental review, decision making, and action pursuant to the National Environ mental Policy Act of 1969, as amended [42 U.S.C. 4321]. JIMMY CARTER. EX. ORD. NO. 11990. PROTECTION OF WETLANDS Ex. Ord. No. 11990, May 24, 1977, 42 F.R. 26961, as amended by Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided: By virtue of the authority vested in me by the Con stitution and statutes of the United States of America, and as President of the United States of America, in furtherance of the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et seq.), in order to avoid to the extent possible the long and short term ad verse impacts associated with the destruction or modi fication of wetlands and to avoid direct or indirect sup port of new construction in wetlands wherever there is a practicable alternative, it is hereby ordered as fol lows: SECTION 1. (a) Each agency shall provide leadership and shall take action to minimize the destruction, loss Page 5223 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 or degradation of wetlands, and to preserve and en hance the natural and beneficial values of wetlands in carrying out the agency’s responsibilities for (1) acquir ing, managing, and disposing of Federal lands and fa cilities; and (2) providing Federally undertaken, fi nanced, or assisted construction and improvements; and (3) conducting Federal activities and programs af fecting land use, including but not limited to water and related land resources planning, regulating, and licens ing activities. (b) This Order does not apply to the issuance by Fed eral agencies of permits, licenses, or allocations to pri vate parties for activities involving wetlands on non Federal property. SEC. 2. (a) In furtherance of Section 101(b)(3) of the National Environmental Policy Act of 1969 (42 U.S.C. 4331(b)(3)) to improve and coordinate Federal plans, functions, programs and resources to the end that the Nation may attain the widest range of beneficial uses of the environment without degradation and risk to health or safety, each agency, to the extent permitted by law, shall avoid undertaking or providing assistance for new construction located in wetlands unless the head of the agency finds (1) that there is no practicable alternative to such construction, and (2) that the pro posed action includes all practicable measures to mini mize harm to wetlands which may result from such use. In making this finding the head of the agency may take into account economic, environmental and other perti nent factors. (b) Each agency shall also provide opportunity for early public review of any plans or proposals for new construction in wetlands, in accordance with Section 2(b) of Executive Order No. 11514, as amended [set out above], including the development of procedures to ac complish this objective for Federal actions whose im pact is not significant enough to require the prepara tion of an environmental impact statement under Sec tion 102(2)(C) of the National Environmental Policy Act of 1969, as amended [42 U.S.C. 4332(2)(C)]. SEC. 3. Any requests for new authorizations or appro priations transmitted to the Office of Management and Budget shall indicate, if an action to be proposed will be located in wetlands, whether the proposed action is in accord with this Order. SEC. 4. When Federally-owned wetlands or portions of wetlands are proposed for lease, easement, right-of-way or disposal to non-Federal public or private parties, the Federal agency shall (a) reference in the conveyance those uses that are restricted under identified Federal, State or local wetlands regulations; and (b) attach other appropriate restrictions to the uses of properties by the grantee or purchaser and any successor, except where prohibited by law; or (c) withhold such prop erties from disposal. SEC. 5. In carrying out the activities described in Sec tion 1 of this Order, each agency shall consider factors relevant to a proposal’s effect on the survival and qual ity of the wetlands. Among these factors are: (a) public health, safety, and welfare, including water supply, quality, recharge and discharge; pollution; flood and storm hazards; and sediment and erosion; (b) maintenance of natural systems, including con servation and long term productivity of existing flora and fauna, species and habitat diversity and stability, hydrologic utility, fish, wildlife, timber, and food and fiber resources; and (c) other uses of wetlands in the public interest, in cluding recreational, scientific, and cultural uses. SEC. 6. As allowed by law, agencies shall issue or amend their existing procedures in order to comply with this Order. To the extent possible, existing proc esses, such as those of the Council on Environmental Quality, shall be utilized to fulfill the requirements of this Order. SEC. 7. As used in this Order: (a) The term ‘‘agency’’ shall have the same meaning as the term ‘‘Executive agency’’ in Section 105 of Title 5 of the United States Code and shall include the mili tary departments; the directives contained in this Order, however, are meant to apply only to those agen cies which perform the activities described in Section 1 which are located in or affecting wetlands. (b) The term ‘‘new construction’’ shall include drain ing, dredging, channelizing, filling, diking, impounding, and related activities and any structures or facilities begun or authorized after the effective date of this Order. (c) The term ‘‘wetlands’’ means those areas that are inundated by surface or ground water with a frequency sufficient to support and under normal circumstances does or would support a prevalence of vegetative or aquatic life that requires saturated or seasonally satu rated soil conditions for growth and reproduction. Wet lands generally include swamps, marshes, bogs, and similar areas such as sloughs, potholes, wet meadows, river overflows, mud flats, and natural ponds. SEC. 8. This Order does not apply to projects pres ently under construction, or to projects for which all of the funds have been appropriated through Fiscal Year 1977, or to projects and programs for which a draft or final environmental impact statement will be filed prior to October 1, 1977. The provisions of Section 2 of this Order shall be implemented by each agency not later than October 1, 1977. SEC. 9. Nothing in this Order shall apply to assistance provided for emergency work, essential to save lives and protect property and public health and safety, per formed pursuant to Sections 305 and 306 of the Disaster Relief Act of 1974 (88 Stat. 148, 42 U.S.C. 5145 and 5146). SEC. 10. To the extent the provisions of Sections 2 and 5 of this Order are applicable to projects covered by Section 104(h) of the Housing and Community Develop ment Act of 1974, as amended (88 Stat. 640, 42 U.S.C. 5304(h)), the responsibilities under those provisions may be assumed by the appropriate applicant, if the appli cant has also assumed, with respect to such projects, all of the responsibilities for environmental review, de cisionmaking, and action pursuant to the National En vironmental Policy Act of 1969, as amended [42 U.S.C. 4321 et seq.]. EX. ORD. NO. 12088. FEDERAL COMPLIANCE WITH POLLUTION CONTROL STANDARDS Ex. Ord. No. 12088, Oct. 13, 1978, 43 F.R. 47707, as amended by Ex. Ord. No. 12580, Jan. 23, 1987, 52 F.R. 2928; Ex. Ord. No. 13148, § 901, Apr. 21, 2000, 65 F.R. 24604, provided: By the authority vested in me as President by the Constitution and statutes of the United States of America, including Section 22 of the Toxic Substances Control Act (15 U.S.C. 2621), Section 313 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1323), Section 1447 of the Public Health Service Act, as amended by the Safe Drinking Water Act [now Safe Drinking Water Act of 1974] (42 U.S.C. 300j–6), Section 118 of the Clean Air Act, as amended (42 U.S.C. 7418(b)), Section 4 of the Noise Control Act of 1972 (42 U.S.C. 4903), Section 6001 of the Solid Waste Disposal Act, as amended (42 U.S.C. 6961), and Section 301 of Title 3 of the United States Code, and to ensure Federal compli ance with applicable pollution control standards, it is hereby ordered as follows: 1–1. APPLICABILITY OF POLLUTION CONTROL STANDARDS 1–101. The head of each Executive agency is respon sible for ensuring that all necessary actions are taken for the prevention, control, and abatement of environ mental pollution with respect to Federal facilities and activities under the control of the agency. 1–102. The head of each Executive agency is respon sible for compliance with applicable pollution control standards, including those established pursuant to, but not limited to, the following: (a) Toxic Substances Control Act (15 U.S.C. 2601 et seq.). (b) Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.). (c) Public Health Service Act, as amended by the Safe Drinking Water Act [now Safe Drinking Water Act of 1974] (42 U.S.C. 300f et seq.). Page 5224 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 (d) Clean Air Act, as amended (42 U.S.C. 7401 et seq.). (e) Noise Control Act of 1972 (42 U.S.C. 4901 et seq.). (f) Solid Waste Disposal Act, as amended (42 U.S.C. 6901 et seq.). (g) Radiation guidance pursuant to Section 274(h) of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2021(h); see also, the Radiation Protection Guidance to Federal Agencies for Diagnostic X Rays approved by the President on January 26, 1978 and published at page 4377 of the Federal Register on February 1, 1978). (h) Marine Protection, Research, and Sanctuaries Act of 1972, as amended (33 U.S.C. 1401, 1402, 1411–1421, 1441–1444 and 16 U.S.C. 1431–1434) [16 U.S.C. 1431 et seq., 1447 et seq.; 33 U.S.C. 1401 et seq., 2801 et seq.]. (i) Federal Insecticide, Fungicide, and Rodenticide Act, as amended (7 U.S.C. 136 et seq.). 1–103. ‘‘Applicable pollution control standards’’ means the same substantive, procedural, and other re quirements that would apply to a private person. 1–2. AGENCY COORDINATION 1–201. Each Executive agency shall cooperate with the Administrator of the Environmental Protection Agen cy, hereinafter referred to as the Administrator, and State, interstate, and local agencies in the prevention, control, and abatement of environmental pollution. 1–202. Each Executive agency shall consult with the Administrator and with State, interstate, and local agencies concerning the best techniques and methods available for the prevention, control, and abatement of environmental pollution. 1–3. TECHNICAL ADVICE AND OVERSIGHT 1–301. The Administrator shall provide technical ad vice and assistance to Executive agencies in order to ensure their cost effective and timely compliance with applicable pollution control standards. 1–302. The administrator shall conduct such reviews and inspections as may be necessary to monitor com pliance with applicable pollution control standards by Federal facilities and activities. 1–4. POLLUTION CONTROL PLAN [Revoked by Ex. Ord. No. 13148, § 901, Apr. 21, 2000, 65 F.R. 24604.] 1–5. FUNDING 1–501. The head of each Executive agency shall ensure that sufficient funds for compliance with applicable pollution control standards are requested in the agency budget. 1–502. The head of each Executive agency shall ensure that funds appropriated and apportioned for the preven tion, control and abatement of environmental pollution are not used for any other purpose unless permitted by law and specifically approved by the Office of Manage ment and Budget. 1–6. COMPLIANCE WITH POLLUTION CONTROLS 1–601. Whenever the Administrator or the appropriate State, interstate, or local agency notifies an Executive agency that it is in violation of an applicable pollution control standard (see Section 1–102 of this Order), the Executive agency shall promptly consult with the noti fying agency and provide for its approval a plan to achieve and maintain compliance with the applicable pollution control standard. This plan shall include an implementation schedule for coming into compliance as soon as practicable. 1–602. The Administrator shall make every effort to resolve conflicts regarding such violation between Ex ecutive agencies and, on request of any party, such con flicts between an Executive agency and a State, inter state, or a local agency. If the Administrator cannot resolve a conflict, the Administrator shall request the Director of the Office of Management and Budget to re solve the conflict. 1–603. The Director of the Office of Management and Budget shall consider unresolved conflicts at the re quest of the Administrator. The Director shall seek the Administrator’s technological judgment and deter mination with regard to the applicability of statues and regulations. 1–604. These conflict resolution procedures are in ad dition to, not in lieu of, other procedures, including sanctions, for the enforcement of applicable pollution control standards. 1–605. Except as expressly provided by a Presidential exemption under this Order, nothing in this Order, nor any action or inaction under this Order, shall be con strued to revise or modify any applicable pollution con trol standard. 1–7. LIMITATION ON EXEMPTIONS 1–701. Exemptions from applicable pollution control standards may only be granted under statues cited in Section 1–102(a) through 1–102(f) if the President makes the required appropriate statutory determination: that such exemption is necessary (a) in the interest of na tional security, or (b) in the paramount interest of the United States. 1–702. The head of an Executive agency may, from time to time, recommend to the President through the Director of the Office of Management and Budget, that an activity or facility, or uses thereof, be exempt from an applicable pollution control standard. 1–703. The Administrator shall advise the President, through the Director of the Office of Management and Budget, whether he agrees or disagrees with a recom mendation for exemption and his reasons therefor. 1–704. The Director of the Office of Management and Budget must advise the President within sixty days of receipt of the Administrator’s views. 1–8. GENERAL PROVISIONS 1–801. The head of each Executive agency that is re sponsible for the construction or operation of Federal facilities outside the United States shall ensure that such construction or operation complies with the envi ronmental pollution control standards of general appli cability in the host country or jurisdiction. 1–802. Nothing in this Order shall create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, or any person. 1–803. Executive Order No. 11752 of December 17, 1973, is revoked. EX. ORD. NO. 12114. ENVIRONMENTAL EFFECTS ABROAD OF MAJOR FEDERAL ACTIONS Ex. Ord. No. 12114, Jan. 4, 1979, 44 F.R. 1957, provided: By virtue of the authority vested in me by the Con stitution and the laws of the United States, and as President of the United States, in order to further envi ronmental objectives consistent with the foreign policy and national security policy of the United States, it is ordered as follows: SECTION 1 1–1. Purpose and Scope. The purpose of this Executive Order is to enable responsible officials of Federal agen cies having ultimate responsibility for authorizing and approving actions encompassed by this Order to be in formed of pertinent environmental considerations and to take such considerations into account, with other pertinent considerations of national policy, in making decisions regarding such actions. While based on inde pendent authority, this Order furthers the purpose of the National Environmental Policy Act [42 U.S.C. 4321 et seq.] and the Marine Protection Research and Sanc tuaries Act [16 U.S.C. 1431 et seq. and 33 U.S.C. 1401 et seq.] and the Deepwater Port Act [33 U.S.C. 1501 et seq.] consistent with the foreign policy and national secu rity policy of the United States, and represents the United States government’s exclusive and complete de termination of the procedural and other actions to be taken by Federal agencies to further the purpose of the National Environmental Policy Act, with respect to Page 5225 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 the environment outside the United States, its terri tories and possessions. SECTION 2 2–1. Agency Procedures. Every Federal agency taking major Federal actions encompassed hereby and not ex empted herefrom having significant effects on the envi ronment outside the geographical borders of the United States and its territories and possessions shall within eight months after the effective date of this Order have in effect procedures to implement this Order. Agencies shall consult with the Department of State and the Council on Environmental Quality concerning such procedures prior to placing them in effect. 2–2. Information Exchange. To assist in effectuating the foregoing purpose, the Department of State and the Council on Environmental Quality in collaboration with other interested Federal agencies and other na tions shall conduct a program for exchange on a con tinuing basis of information concerning the environ ment. The objectives of this program shall be to pro vide information for use by decisionmakers, to height en awareness of and interest in environmental concerns and, as appropriate, to facilitate environmental co operation with foreign nations. 2–3. Actions Included. Agencies in their procedures under Section 2–1 shall establish procedures by which their officers having ultimate responsibility for author izing and approving actions in one of the following cat egories encompassed by this Order, take into consider ation in making decisions concerning such actions, a document described in Section 2–4(a): (a) major Federal actions significantly affecting the environment of the global commons outside the juris diction of any nation (e.g., the oceans or Antarctica); (b) major Federal actions significantly affecting the environment of a foreign nation not participating with the United States and not otherwise involved in the ac tion; (c) major Federal actions significantly affecting the environment of a foreign nation which provide to that nation: (1) a product, or physical project producing a prin cipal product or an emission or effluent, which is pro hibited or strictly regulated by Federal law in the United States because its toxic effects on the environ ment create a serious public health risk; or (2) a physical project which in the United States is prohibited or strictly regulated by Federal law to pro tect the environment against radioactive substances. (d) major Federal actions outside the United States, its territories and possessions which significantly af fect natural or ecological resources of global impor tance designated for protection under this subsection by the President, or, in the case of such a resource pro tected by international agreement binding on the United States, by the Secretary of State. Recommenda tions to the President under this subsection shall be ac companied by the views of the Council on Environ mental Quality and the Secretary of State. 2–4. Applicable Procedures. (a) There are the following types of documents to be used in connection with ac tions described in Section 2–3: (i) environmental impact statements (including ge neric, program and specific statements); (ii) bilateral or multilateral environmental studies, relevant or related to the proposed action, by the United States and one [or more] more foreign nations, or by an international body or organization in which the United States is a member or participant; or (iii) concise reviews of the environmental issues in volved, including environmental assessments, summary environmental analyses or other appropriate docu ments. (b) Agencies shall in their procedures provide for preparation of documents described in Section 2–4(a), with respect to actions described in Section 2–3, as fol lows: (i) for effects described in Section 2–3(a), an environ mental impact statement described in Section 2–4(a)(i); (ii) for effects described in Section 2–3(b), a document described in Section 2–4(a)(ii) or (iii), as determined by the agency; (iii) for effects described in Section 2–3(c), a docu ment described in Section 2–4(a)(ii) or (iii), as deter mined by the agency; (iv) for effects described in Section 2–3(d), a document described in Section 2–4(a)(i), (ii) or (iii), as determined by the agency. Such procedures may provide that an agency need not prepare a new document when a document de scribed in Section 2–4(a) already exists. (c) Nothing in this Order shall serve to invalidate any existing regulations of any agency which have been adopted pursuant to court order or pursuant to judicial settlement of any case or to prevent any agency from providing in its procedures for measures in addition to those provided for herein to further the purpose of the National Environmental Policy Act [43 U.S.C. 4321 et seq.] and other environmental laws, including the Ma rine Protection Research and Sanctuaries Act [16 U.S.C. 1431 et seq. and 33 U.S.C. 1401 et seq.], and the Deepwater Port Act [33 U.S.C. 1501 et seq.], consistent with the foreign and national security policies of the United States. (d) Except as provided in Section 2–5(b), agencies tak ing action encompassed by this Order shall, as soon as feasible, inform other Federal agencies with relevant expertise of the availability of environmental docu ments prepared under this Order. Agencies in their procedures under Section 2–1 shall make appropriate provision for determining when an affected nation shall be informed in accordance with Section 3–2 of this Order of the availability of environ mental documents prepared pursuant to those proce dures. In order to avoid duplication of resources, agencies in their procedures shall provide for appropriate utiliza tion of the resources of other Federal agencies with rel evant environmental jurisdiction or expertise. 2–5. Exemptions and Considerations. (a) Notwithstand ing Section 2–3, the following actions are exempt from this Order: (i) actions not having a significant effect on the envi ronment outside the United States as determined by the agency; (ii) actions taken by the President; (iii) actions taken by or pursuant to the direction of the President or Cabinet officer when the national se curity or interest is involved or when the action occurs in the course of an armed conflict; (iv) intelligence activities and arms transfers; (v) export licenses or permits or export approvals, and actions relating to nuclear activities except ac tions providing to a foreign nation a nuclear produc tion or utilization facility as defined in the Atomic En ergy Act of 1954 [42 U.S.C. 2011 et seq.], as amended, or a nuclear waste management facility; (vi) votes and other actions in international con ferences and organizations; (vii) disaster and emergency relief action. (b) Agency procedures under Section 2–1 implement ing Section 2–4 may provide for appropriate modifica tions in the contents, timing and availability of docu ments to other affected Federal agencies and affected nations, where necessary to: (i) enable the agency to decide and act promptly as and when required; (ii) avoid adverse impacts on foreign relations or in fringement in fact or appearance of other nations’ sov ereign responsibilities, or (iii) ensure appropriate reflection of: (1) diplomatic factors; (2) international commercial, competitive and export promotion factors; (3) needs for governmental or commercial confiden tiality; (4) national security considerations; (5) difficulties of obtaining information and agency ability to analyze meaningfully environmental effects of a proposed action; and Page 5226 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 (6) the degree to which the agency is involved in or able to affect a decision to be made. (c) Agency procedure under Section 2–1 may provide for categorical exclusions and for such exemptions in addition to those specified in subsection (a) of this Sec tion as may be necessary to meet emergency circum stances, situations involving exceptional foreign policy and national security sensitivities and other such spe cial circumstances. In utilizing such additional exemp tions agencies shall, as soon as feasible, consult with the Department of State and the Council on Environ mental Quality. (d) The provisions of Section 2–5 do not apply to ac tions described in Section 2–3(a) unless permitted by law. SECTION 3 3–1. Rights of Action. This Order is solely for the pur pose of establishing internal procedures for Federal agencies to consider the significant effects of their ac tions on the environment outside the United States, its territories and possessions, and nothing in this Order shall be construed to create a cause of action. 3–2. Foreign Relations. The Department of State shall coordinate all communications by agencies with for eign governments concerning environmental agree ments and other arrangements in implementation of this Order. 3–3. Multi-Agency Actions. Where more than one Fed eral agency is involved in an action or program, a lead agency, as determined by the agencies involved, shall have responsibility for implementation of this Order. 3–4. Certain Terms. For purposes of this Order, ‘‘envi ronment’’ means the natural and physical environment and excludes social, economic and other environments; and an action significantly affects the environment if it does significant harm to the environment even though on balance the agency believes the action to be beneficial to the environment. The term ‘‘export ap provals’’ in Section 2–5(a)(v) does not mean or include direct loans to finance exports. 3–5. Multiple Impacts. If a major Federal action having effects on the environment of the United States or the global commons requires preparation of an environ mental impact statement, and if the action also has ef fects on the environment of a foreign nation, an envi ronmental impact statement need not be prepared with respect to the effects on the environment of the foreign nation. JIMMY CARTER. EXECUTIVE ORDER NO. 12194 Ex. Ord. No. 12194, Feb. 21, 1980, 45 F.R. 12209, which established the Radiation Policy Council and provided for its membership, functions, etc., was revoked by Ex. Ord. No. 12379, § 23, Aug. 17, 1982, 47 F.R. 36100, set out as a note under section 14 of the Federal Advisory Com mittee Act in the Appendix to Title 5, Government Or ganization and Employees. EXECUTIVE ORDER NO. 12737 Ex. Ord. No. 12737, Dec. 12, 1990, 55 F.R. 51681, which established President’s Commission on Environmental Quality and provided for its functions and administra tion, was revoked by Ex. Ord. No. 12852, § 4(c), June 29, 1993, 58 F.R. 35841, formerly set out below. EX. ORD. NO. 12761. ESTABLISHMENT OF PRESIDENT’S ENVIRONMENT AND CONSERVATION CHALLENGE AWARDS Ex. Ord. No. 12761, May 21, 1991, 56 F.R. 23645, pro vided: By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to establish, in accordance with the goals and purposes of the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et seq.), the Environmental Quality Improvement Act of 1970, as amended (42 U.S.C. 4371 et seq.), and the National Envi ronmental Education Act, Public Law 101–619, 104 Stat. 3325 (1990) [20 U.S.C. 5501 et seq.], an awards program to raise environmental awareness and to recognize out standing achievements in the United States and in its territories in the areas of conservation and environ mental protection by both the public and private sec tors, it is hereby ordered as follows: SECTION 1. Establishment. The President’s Environ ment and Conservation Challenge Awards program is established for the purposes of recognizing outstanding environmental achievements by U.S. citizens, enter prises, or programs; providing an incentive for environ mental accomplishment; promoting cooperative part nerships between diverse groups working together to achieve common environmental goals; and identifying successful environmental programs that can be rep licated. SEC. 2. Administration. (a) The Council on Environ mental Quality, with the assistance of the President’s Commission on Environmental Quality, shall organize, manage, and administer the awards program, including the development of selection criteria, the nomination of eligible individuals to receive the award, and the se lection of award recipients. (b) Any expenses of the program shall be paid from funds available for the expenses of the Council on Envi ronmental Quality. SEC. 3. Awards. (a) Up to three awards in each of the following four categories shall be made annually to eli gible individuals, organizations, groups, or entities: (i) Quality Environmental Management Awards (in corporation of environmental concerns into manage ment decisions and practices); (ii) Partnership Awards (successful coalition building efforts); (iii) Innovation Awards (innovative technology pro grams, products, or processes); and (iv) Education and Communication Awards (edu cation and information programs contributing to the development of an ethic fostering conservation and en vironmental protection). (b) Presidential citations shall be given to eligible program finalists who demonstrate notable or unique achievements, but who are not selected to receive awards. SEC. 4. Eligibility. Only residents of the United States and organizations, groups, or entities doing business in the United States are eligible to receive an award under this program. An award under this program shall be given only for achievements in the United States or its territories. Organizations, groups, or entities may be profit or nonprofit, public or private entities. SEC. 5. Information System. The Council on Environ mental Quality shall establish and maintain a data bank with information about award nominees to cata logue and publicize model conservation or environ mental protection programs which could be replicated. GEORGE BUSH. EXECUTIVE ORDER NO. 12852 Ex. Ord. No. 12852, June 29, 1993, 58 F.R. 35841, as amended by Ex. Ord. No. 12855, July 19, 1993, 58 F.R. 39107; Ex. Ord. No. 12965, June 27, 1995, 60 F.R. 34087; Ex. Ord. No. 12980, Nov. 17, 1995, 60 F.R. 57819; Ex. Ord. No. 13053, June 30, 1997, 62 F.R. 39945 [35945]; Ex. Ord. No. 13114, Feb. 25, 1999, 64 F.R. 10099, which established the President’s Council on Sustainable Development, was revoked by Ex. Ord. No. 13138, § 3(f), Sept. 30, 1999, 64 F.R. 53880, formerly set out as a note under section 14 of the Appendix to Title 5, Government Organization and Employees. EX. ORD. NO. 12898. FEDERAL ACTIONS TO ADDRESS ENVI RONMENTAL JUSTICE IN MINORITY POPULATIONS AND LOW-INCOME POPULATIONS Ex. Ord. No. 12898, Feb. 11, 1994, 59 F.R. 7629, as amended by Ex. Ord. No. 12948, Jan. 30, 1995, 60 F.R. 6381, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Page 5227 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 SECTION 1–1. IMPLEMENTATION. 1–101. Agency Responsibilities. To the greatest extent practicable and permitted by law, and consistent with the principles set forth in the report on the National Performance Review, each Federal agency shall make achieving environmental justice part of its mission by identifying and addressing, as appropriate, dispropor tionately high and adverse human health or environ mental effects of its programs, policies, and activities on minority populations and low-income populations in the United States and its territories and possessions, the District of Columbia, the Commonwealth of Puerto Rico, and the Commonwealth of the Mariana Islands. 1–102. Creation of an Interagency Working Group on En vironmental Justice. (a) Within 3 months of the date of this order, the Administrator of the Environmental Protection Agency (‘‘Administrator’’) or the Adminis trator’s designee shall convene an interagency Federal Working Group on Environmental Justice (‘‘Working Group’’). The Working Group shall comprise the heads of the following executive agencies and offices, or their designees: (a) Department of Defense; (b) Department of Health and Human Services; (c) Department of Hous ing and Urban Development; (d) Department of Labor; (e) Department of Agriculture; (f) Department of Transportation; (g) Department of Justice; (h) Depart ment of the Interior; (i) Department of Commerce; (j) Department of Energy; (k) Environmental Protection Agency; (l) Office of Management and Budget; (m) Of fice of Science and Technology Policy; (n) Office of the Deputy Assistant to the President for Environmental Policy; (o) Office of the Assistant to the President for Domestic Policy; (p) National Economic Council; (q) Council of Economic Advisers; and (r) such other Gov ernment officials as the President may designate. The Working Group shall report to the President through the Deputy Assistant to the President for Environ mental Policy and the Assistant to the President for Domestic Policy. (b) The Working Group shall: (1) provide guidance to Federal agencies on criteria for identifying dispropor tionately high and adverse human health or environ mental effects on minority populations and low-income populations; (2) coordinate with, provide guidance to, and serve as a clearinghouse for, each Federal agency as it develops an environmental justice strategy as required by sec tion 1–103 of this order, in order to ensure that the ad ministration, interpretation and enforcement of pro grams, activities and policies are undertaken in a con sistent manner; (3) assist in coordinating research by, and stimulat ing cooperation among, the Environmental Protection Agency, the Department of Health and Human Serv ices, the Department of Housing and Urban Develop ment, and other agencies conducting research or other activities in accordance with section 3–3 of this order; (4) assist in coordinating data collection, required by this order; (5) examine existing data and studies on environ mental justice; (6) hold public meetings as required in section 5–502(d) of this order; and (7) develop interagency model projects on environ mental justice that evidence cooperation among Fed eral agencies. 1–103. Development of Agency Strategies. (a) Except as provided in section 6–605 of this order, each Federal agency shall develop an agency-wide environmental justice strategy, as set forth in subsections (b)–(e) of this section that identifies and addresses disproportion ately high and adverse human health or environmental effects of its programs, policies, and activities on mi nority populations and low-income populations. The environmental justice strategy shall list programs, policies, planning and public participation processes, enforcement, and/or rulemakings related to human health or the environment that should be revised to, at a minimum: (1) promote enforcement of all health and environmental statutes in areas with minority popu lations and low-income populations; (2) ensure greater public participation; (3) improve research and data col lection relating to the health of and environment of minority populations and low-income populations; and (4) identify differential patterns of consumption of nat ural resources among minority populations and low-in come populations. In addition, the environmental jus tice strategy shall include, where appropriate, a time table for undertaking identified revisions and consider ation of economic and social implications of the revi sions. (b) Within 4 months of the date of this order, each Federal agency shall identify an internal administra tive process for developing its environmental justice strategy, and shall inform the Working Group of the process. (c) Within 6 months of the date of this order, each Federal agency shall provide the Working Group with an outline of its proposed environmental justice strat egy. (d) Within 10 months of the date of this order, each Federal agency shall provide the Working Group with its proposed environmental justice strategy. (e) By March 24, 1995, each Federal agency shall final ize its environmental justice strategy and provide a copy and written description of its strategy to the Working Group. From the date of this order through March 24, 1995, each Federal agency, as part of its envi ronmental justice strategy, shall identify several spe cific projects that can be promptly undertaken to ad dress particular concerns identified during the develop ment of the proposed environmental justice strategy, and a schedule for implementing those projects. (f) Within 24 months of the date of this order, each Federal agency shall report to the Working Group on its progress in implementing its agency-wide environ mental justice strategy. (g) Federal agencies shall provide additional periodic reports to the Working Group as requested by the Working Group. 1–104. Reports to the President. Within 14 months of the date of this order, the Working Group shall submit to the President, through the Office of the Deputy Assist ant to the President for Environmental Policy and the Office of the Assistant to the President for Domestic Policy, a report that describes the implementation of this order, and includes the final environmental justice strategies described in section 1–103(e) of this order. SEC. 2–2. FEDERAL AGENCY RESPONSIBILITIES FOR FEDERAL PROGRAMS. Each Federal agency shall conduct its programs, policies, and activities that substantially affect human health or the environment, in a manner that ensures that such programs, policies, and activities do not have the effect of excluding per sons (including populations) from participation in, de nying persons (including populations) the benefits of, or subjecting persons (including populations) to dis crimination under, such programs, policies, and activi ties, because of their race, color, or national origin. SEC. 3–3. RESEARCH, DATA COLLECTION, AND ANALYSIS. 3–301. Human Health and Environmental Research and Analysis. (a) Environmental human health research, whenever practicable and appropriate, shall include di verse segments of the population in epidemiological and clinical studies, including segments at high risk from environmental hazards, such as minority popu lations, low-income populations and workers who may be exposed to substantial environmental hazards. (b) Environmental human health analyses, whenever practicable and appropriate, shall identify multiple and cumulative exposures. (c) Federal agencies shall provide minority popu lations and low-income populations the opportunity to comment on the development and design of research strategies undertaken pursuant to this order. 3–302. Human Health and Environmental Data Collection and Analysis. To the extent permitted by existing law, including the Privacy Act, as amended (5 U.S.C. section 552a): (a) each Federal agency, whenever practicable Page 5228 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 and appropriate, shall collect, maintain, and analyze information assessing and comparing environmental and human health risks borne by populations identified by race, national origin, or income. To the extent prac tical and appropriate, Federal agencies shall use this information to determine whether their programs, poli cies, and activities have disproportionately high and adverse human health or environmental effects on mi nority populations and low-income populations; (b) In connection with the development and imple mentation of agency strategies in section 1–103 of this order, each Federal agency, whenever practicable and appropriate, shall collect, maintain and analyze infor mation on the race, national origin, income level, and other readily accessible and appropriate information for areas surrounding facilities or sites expected to have a substantial environmental, human health, or economic effect on the surrounding populations, when such facilities or sites become the subject of a substan tial Federal environmental administrative or judicial action. Such information shall be made available to the public, unless prohibited by law; and (c) Each Federal agency, whenever practicable and appropriate, shall collect, maintain, and analyze infor mation on the race, national origin, income level, and other readily accessible and appropriate information for areas surrounding Federal facilities that are: (1) subject to the reporting requirements under the Emer gency Planning and Community Right-to-Know Act, 42 U.S.C. section 11001–11050 as mandated in Executive Order No. 12856 [former 42 U.S.C. 11001 note]; and (2) ex pected to have a substantial environmental, human health, or economic effect on surrounding populations. Such information shall be made available to the public, unless prohibited by law. (d) In carrying out the responsibilities in this section, each Federal agency, whenever practicable and appro priate, shall share information and eliminate unneces sary duplication of efforts through the use of existing data systems and cooperative agreements among Fed eral agencies and with State, local, and tribal govern ments. SEC. 4–4. SUBSISTENCE CONSUMPTION OF FISH AND WILDLIFE. 4–401. Consumption Patterns. In order to assist in iden tifying the need for ensuring protection of populations with differential patterns of subsistence consumption of fish and wildlife, Federal agencies, whenever prac ticable and appropriate, shall collect, maintain, and analyze information on the consumption patterns of populations who principally rely on fish and/or wildlife for subsistence. Federal agencies shall communicate to the public the risks of those consumption patterns. 4–402. Guidance. Federal agencies, whenever prac ticable and appropriate, shall work in a coordinated manner to publish guidance reflecting the latest sci entific information available concerning methods for evaluating the human health risks associated with the consumption of pollutant-bearing fish or wildlife. Agencies shall consider such guidance in developing their policies and rules. SEC. 5–5. PUBLIC PARTICIPATION AND ACCESS TO INFORMATION. (a) The public may submit recom mendations to Federal agencies relating to the incorpo ration of environmental justice principles into Federal agency programs or policies. Each Federal agency shall convey such recommendations to the Working Group. (b) Each Federal agency may, whenever practicable and appropriate, translate crucial public documents, notices, and hearings relating to human health or the environment for limited English speaking populations. (c) Each Federal agency shall work to ensure that public documents, notices, and hearings relating to human health or the environment are concise, under standable, and readily accessible to the public. (d) The Working Group shall hold public meetings, as appropriate, for the purpose of fact-finding, receiving public comments, and conducting inquiries concerning environmental justice. The Working Group shall pre pare for public review a summary of the comments and recommendations discussed at the public meetings. SEC. 6–6. GENERAL PROVISIONS. 6–601. Responsibility for Agency Implementation. The head of each Federal agency shall be responsible for en suring compliance with this order. Each Federal agen cy shall conduct internal reviews and take such other steps as may be necessary to monitor compliance with this order. 6–602. Executive Order No. 12250. This Executive order is intended to supplement but not supersede Executive Order No. 12250 [42 U.S.C. 2000d–1 note], which requires consistent and effective implementation of various laws prohibiting discriminatory practices in programs receiving Federal financial assistance. Nothing herein shall limit the effect or mandate of Executive Order No. 12250. 6–603. Executive Order No. 12875. This Executive order is not intended to limit the effect or mandate of Execu tive Order No. 12875 [former 5 U.S.C. 601 note]. 6–604. Scope. For purposes of this order, Federal agen cy means any agency on the Working Group, and such other agencies as may be designated by the President, that conducts any Federal program or activity that substantially affects human health or the environment. Independent agencies are requested to comply with the provisions of this order. 6–605. Petitions for Exemptions. The head of a Federal agency may petition the President for an exemption from the requirements of this order on the grounds that all or some of the petitioning agency’s programs or activities should not be subject to the requirements of this order. 6–606. Native American Programs. Each Federal agency responsibility set forth under this order shall apply equally to Native American programs. In addition, the Department of the Interior, in coordination with the Working Group, and, after consultation with tribal leaders, shall coordinate steps to be taken pursuant to this order that address Federally-recognized Indian Tribes. 6–607. Costs. Unless otherwise provided by law, Fed eral agencies shall assume the financial costs of com plying with this order. 6–608. General. Federal agencies shall implement this order consistent with, and to the extent permitted by, existing law. 6–609. Judicial Review. This order is intended only to improve the internal management of the executive branch and is not intended to, nor does it create any right, benefit, or trust responsibility, substantive or procedural, enforceable at law or equity by a party against the United States, its agencies, its officers, or any person. This order shall not be construed to create any right to judicial review involving the compliance or noncompliance of the United States, its agencies, its officers, or any other person with this order. WILLIAM J. CLINTON. EX. ORD. NO. 13045. PROTECTION OF CHILDREN FROM ENVIRONMENTAL HEALTH RISKS AND SAFETY RISKS Ex. Ord. No. 13045, Apr. 21, 1997, 62 F.R. 19885, as amended by Ex. Ord. No. 13229, Oct. 9, 2001, 66 F.R. 52013; Ex. Ord. No. 13296, Apr. 18, 2003, 68 F.R. 19931, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: SECTION 1. Policy. 1–101. A growing body of scientific knowledge dem onstrates that children may suffer disproportionately from environmental health risks and safety risks. These risks arise because: children’s neurological, immunological, digestive, and other bodily systems are still developing; children eat more food, drink more fluids, and breathe more air in proportion to their body weight than adults; children’s size and weight may di minish their protection from standard safety features; and children’s behavior patterns may make them more susceptible to accidents because they are less able to protect themselves. Therefore, to the extent permitted by law and appropriate, and consistent with the agen cy’s mission, each Federal agency: Page 5229 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 (a) shall make it a high priority to identify and as sess environmental health risks and safety risks that may disproportionately affect children; and (b) shall ensure that its policies, programs, activities, and standards address disproportionate risks to chil dren that result from environmental health risks or safety risks. 1–102. Each independent regulatory agency is encour aged to participate in the implementation of this order and comply with its provisions. SEC. 2. Definitions. The following definitions shall apply to this order. 2–201. ‘‘Federal agency’’ means any authority of the United States that is an agency under 44 U.S.C. 3502(1) other than those considered to be independent regu latory agencies under 44 U.S.C. 3502(5). For purposes of this order, ‘‘military departments,’’ as defined in 5 U.S.C. 102, are covered under the auspices of the De partment of Defense. 2–202. ‘‘Covered regulatory action’’ means any sub stantive action in a rulemaking, initiated after the date of this order or for which a Notice of Proposed Rulemaking is published 1 year after the date of this order, that is likely to result in a rule that may: (a) be ‘‘economically significant’’ under Executive Order 12866 [5 U.S.C. 601 note] (a rulemaking that has an annual effect on the economy of $100 million or more or would adversely affect in a material way the econ omy, a sector of the economy, productivity, competi tion, jobs, the environment, public health or safety, or State, local, or tribal governments or communities); and (b) concern an environmental health risk or safety risk that an agency has reason to believe may dis proportionately affect children. 2–203. ‘‘Environmental health risks and safety risks’’ mean risks to health or to safety that are attributable to products or substances that the child is likely to come in contact with or ingest (such as the air we breath, the food we eat, the water we drink or use for recreation, the soil we live on, and the products we use or are exposed to). SEC. 3. Task Force on Environmental Health Risks and Safety Risks to Children. 3–301. There is hereby established the Task Force on Environmental Health Risks and Safety Risks to Chil dren (‘‘Task Force’’). 3–302. The Task Force will report to the President in consultation with the Domestic Policy Council, the Na tional Science and Technology Council, the Council on Environmental Quality, and the Office of Management and Budget (OMB). 3–303. Membership. The Task Force shall be composed of the: (a) Secretary of Health and Human Services, who shall serve as a Co-Chair of the Council; (b) Administrator of the Environmental Protection Agency, who shall serve as a Co-Chair of the Council; (c) Secretary of Education; (d) Secretary of Labor; (e) Attorney General; (f) Secretary of Energy; (g) Secretary of Housing and Urban Development; (h) Secretary of Agriculture; (i) Secretary of Transportation; (j) Director of the Office of Management and Budget; (k) Chair of the Council on Environmental Quality; (l) Chair of the Consumer Product Safety Commis sion; (m) Assistant to the President for Economic Policy; (n) Assistant to the President for Domestic Policy; (o) Director of the Office of Science and Technology Policy; (p) Chair of the Council of Economic Advisers; and (q) Such other officials of executive departments and agencies as the President may, from time to time, des ignate. Members of the Task Force may delegate their re sponsibilities under this order to subordinates. 3–304. Functions. The Task Force shall recommend to the President Federal strategies for children’s environ mental health and safety, within the limits of the Ad ministration’s budget, to include the following ele ments: (a) statements of principles, general policy, and tar geted annual priorities to guide the Federal approach to achieving the goals of this order; (b) a coordinated research agenda for the Federal Government, including steps to implement the review of research databases described in section 4 of this order; (c) recommendations for appropriate partnerships among Federal, State, local, and tribal governments and the private, academic, and nonprofit sectors; (d) proposals to enhance public outreach and commu nication to assist families in evaluating risks to chil dren and in making informed consumer choices; (e) an identification of high-priority initiatives that the Federal Government has undertaken or will under take in advancing protection of children’s environ mental health and safety; and (f) a statement regarding the desirability of new leg islation to fulfill or promote the purposes of this order. 3–305. The Task Force shall prepare a biennial report on research, data, or other information that would en hance our ability to understand, analyze, and respond to environmental health risks and safety risks to chil dren. For purposes of this report, executive depart ments, the Environmental Protection Agency, and other agencies identified by the Task Force shall iden tify and specifically describe for the Task Force key data needs related to environmental health risks and safety risks to children that have arisen in the course of the agency’s programs and activities. Each report shall also detail the accomplishments of the Task Force from the date of the preceding report. The Task Force shall incorporate agency submissions into its re port and ensure that this report is publicly available and widely disseminated. The Office of Science and Technology Policy and the National Science and Tech nology Council shall ensure that this report is fully considered in establishing research priorities. 3–306. The Task Force shall exist for 8 years from the date of this order. SEC. 4. Research Coordination and Integration. 4–401. Within 6 months of the date of this order, the Task Force shall develop or direct to be developed a re view of existing and planned data resources and a pro posed plan for ensuring that researchers and Federal research agencies have access to information on all re search conducted or funded by the Federal Government that is related to adverse health risks in children re sulting from exposure to environmental health risks or safety risks. The National Science and Technology Council shall review the plan. 4–402. The plan shall promote the sharing of informa tion on academic and private research. It shall include recommendations to encourage that such data, to the extent permitted by law, is available to the public, the scientific and academic communities, and all Federal agencies. SEC. 5. Agency Environmental Health Risk or Safety Risk Regulations. 5–501. For each covered regulatory action submitted to OMB’s Office of Information and Regulatory Affairs (OIRA) for review pursuant to Executive Order 12866 [5 U.S.C. 601 note], the issuing agency shall provide to OIRA the following information developed as part of the agency’s decisionmaking process, unless prohibited by law: (a) an evaluation of the environmental health or safe ty effects of the planned regulation on children; and (b) an explanation of why the planned regulation is preferable to other potentially effective and reasonably feasible alternatives considered by the agency. 5–502. In emergency situations, or when an agency is obligated by law to act more quickly than normal re view procedures allow, the agency shall comply with the provisions of this section to the extent practicable. For those covered regulatory actions that are governed by a court-imposed or statutory deadline, the agency Page 5230 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 shall, to the extent practicable, schedule any rule making proceedings so as to permit sufficient time for completing the analysis required by this section. 5–503. The analysis required by this section may be included as part of any other required analysis, and shall be made part of the administrative record for the covered regulatory action or otherwise made available to the public, to the extent permitted by law. SEC. 6. Interagency Forum on Child and Family Statis tics. 6–601. The Director of the OMB (‘‘Director’’) shall convene an Interagency Forum on Child and Family Statistics (‘‘Forum’’), which will include representa tives from the appropriate Federal statistics and re search agencies. The Forum shall produce a biennial compendium (‘‘Report’’) of the most important indica tors of the well-being of the Nation’s children. 6–602. The Forum shall determine the indicators to be included in each Report and identify the sources of data to be used for each indicator. The Forum shall provide an ongoing review of Federal collection and dissemination of data on children and families, and shall make recommendations to improve the coverage and coordination of data collection and to reduce dupli cation and overlap. 6–603. The Report shall be published by the Forum in collaboration with the National Institute of Child Health and Human Development [now the Eunice Ken nedy Shriver National Institute of Child Health and Human Development]. The Forum shall present the first annual Report to the President, through the Di rector, by July 31, 1997. The Report shall be published biennially thereafter, using the most recently available data. SEC. 7. General Provisions. 7–701. This order is intended only for internal man agement of the executive branch. This order is not in tended, and should not be construed to create, any right, benefit, or trust responsibility, substantive or procedural, enforceable at law or equity by a party against the United States, its agencies, its officers, or its employees. This order shall not be construed to cre ate any right to judicial review involving the compli ance or noncompliance with this order by the United States, its agencies, its officers, or any other person. 7–702. Executive Order 12606 of September 2, 1987 is re voked. 7–703. Nothing in this order shall be construed to im pair or otherwise affect the functions of the Director of the Office of Management and Budget relating to budg et, administrative, or legislative proposals. EX. ORD. NO. 13061. FEDERAL SUPPORT OF COMMUNITY EFFORTS ALONG AMERICAN HERITAGE RIVERS Ex. Ord. No. 13061, Sept. 11, 1997, 62 F.R. 48445, as amended by Ex. Ord. No. 13093, July 27, 1998, 63 F.R. 40357, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, including the National Environmental Policy Act of 1969 (Public Law 91–190) [42 U.S.C. 4321 et seq.], and in order to protect and restore rivers and their ad jacent communities, it is hereby ordered as follows: SECTION 1. Policies. (a) The American Heritage Rivers initiative has three objectives: natural resource and environmental protec tion, economic revitalization, and historic and cultural preservation. (b) Executive agencies (‘‘agencies’’), to the extent permitted by law and consistent with their missions and resources, shall coordinate Federal plans, func tions, programs, and resources to preserve, protect, and restore rivers and their associated resources important to our history, culture, and natural heritage. (c) Agencies shall develop plans to bring increased ef ficiencies to existing and authorized programs with goals that are supportive of protection and restoration of communities along rivers. (d) In accordance with Executive Order 12630 [5 U.S.C. 601 note], agencies shall act with due regard for the protection of private property provided for by the Fifth Amendment to the United States Constitution. No new regulatory authority is created as a result of the Amer ican Heritage Rivers initiative. This initiative will not interfere with matters of State, local, and tribal gov ernment jurisdiction. (e) In furtherance of these policies, the President will designate rivers that meet certain criteria as ‘‘Amer ican Heritage Rivers.’’ (f) It is the policy of the Federal Government that communities shall nominate rivers as American Herit age Rivers and the Federal role will be solely to sup port community-based efforts to preserve, protect, and restore these rivers and their communities. (g) Agencies should, to the extent practicable, help identify resources in the private and nonprofit sectors to aid revitalization efforts. (h) Agencies are encouraged, to the extent permitted by law, to develop partnerships with State, local, and tribal governments and community and nongovern mental organizations. Agencies will be responsive to the diverse needs of different kinds of communities from the core of our cities to remote rural areas and shall seek to ensure that the role played by the Federal Government is complementary to the plans and work being carried out by State, local, and tribal govern ments. To the extent possible, Federal resources will be strategically directed to complement resources being spent by these governments. (i) Agencies shall establish a method for field offices to assess the success of the American Heritage River initiative and provide a means to recommend changes that will improve the delivery and accessibility of Fed eral services and programs. Agencies are directed, where appropriate, to reduce and make more flexible procedural requirements and paperwork related to pro viding assistance to communities along designated riv ers. (j) Agencies shall commit to a policy under which they will seek to ensure that their actions have a posi tive effect on the natural, historic, economic, and cul tural resources of American Heritage River commu nities. The policy will require agencies to consult with American Heritage River communities early in the planning stages of Federal actions, take into account the communities’ goals and objectives and ensure that actions are compatible with the overall character of these communities. Agencies shall seek to ensure that their help for one community does not adversely affect neighboring communities. Additionally, agencies are encouraged to develop formal and informal partner ships to assist communities. Local Federal facilities, to the extent permitted by law and consistent with the agencies’ missions and resources, should provide public access, physical space, technical assistance, and other support for American Heritage River communities. (k) In addition to providing support to designated riv ers, agencies will work together to provide information and services to all communities seeking support. SEC. 2. Process for Nominating an American Heritage River. (a) Nomination. Communities, in coordination with their State, local, or tribal governments, can nominate their river, river stretch, or river confluence for des ignation as an American Heritage River. When several communities are involved in the nomination of the same river, nominations will detail the coordination among the interested communities and the role each will play in the process. Individuals living outside the community may not nominate a river. (b) Selection Criteria. Nominations will be judged based on the following: (1) the characteristics of the natural, economic, agri cultural, scenic, historic, cultural, or recreational re sources of the river that render it distinctive or unique; (2) the effectiveness with which the community has defined its plan of action and the extent to which the plan addresses, either through planned actions or past accomplishments, all three American Heritage Rivers objectives, which are set forth in section 1(a) of this order; Page 5231 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 (3) the strength and diversity of community support for the nomination as evidenced by letters from elected officials; landowners; private citizens; businesses; and especially State, local, and tribal governments. Broad community support is essential to receiving the Amer ican Heritage River designation; and (4) willingness and capability of the community to forge partnerships and agreements to implement their plan to meet their goals and objectives. (c) Recommendation Process. The Chair of the Council on Environmental Quality (‘‘CEQ’’) shall develop a fair and objective procedure to obtain the views of a diverse group of experts for the purpose of making recommendations to the President as to which rivers shall be designated. These experts shall reflect a variety of viewpoints, such as those rep resenting natural, cultural, and historic resources; sce nic, environmental, and recreation interests; tourism, transportation, and economic development interests; and industries such as agriculture, hydropower, manu facturing, mining, and forest management. The Chair of the CEQ will ensure that the rivers recommended represent a variety of stream sizes, diverse geographi cal locations, and a wide range of settings from urban to rural and ensure that relatively pristine, successful revitalization efforts are considered as well as degraded rivers in need of restoration. (d) Designation. (1) The President will designate certain rivers as American Heritage Rivers. Based on the receipt of a sufficient number of qualified nominations, up to 20 rivers will be designated in the first phase of the initia tive. (2) The Interagency Committee provided for in sec tion 3 of this order shall develop a process by which any community that nominates and has its river designated may have this designation terminated at its request. (3) Upon a determination by the Chair of the CEQ that a community has failed to implement its plan, the Chair may recommend to the President that a designa tion be revoked. The Chair shall notify the community at least 30 days prior to making such a recommenda tion to the President. Based on that recommendation, the President may revoke the designation. SEC. 3. Establishment of an Interagency Committee. There is hereby established the American Heritage Riv ers Interagency Committee (‘‘Committee’’). The Com mittee shall have two co-chairs. The Chair of the CEQ shall be a permanent co-chair. The other co-chair will rotate among the heads of the agencies listed below. (a) The Committee shall be composed of the following members or their designees at the Assistant Secretary level or equivalent: (1) The Secretary of Defense; (2) The Attorney General; (3) The Secretary of the Interior; (4) The Secretary of Agriculture; (5) The Secretary of Commerce; (6) The Secretary of Housing and Urban Development; (7) The Secretary of Transportation; (8) The Secretary of Energy; (9) The Administrator of the Environmental Protec tion Agency; (10) The Chair of the Advisory Council on Historic Preservation; (11) The Chairperson of the National Endowment for the Arts; and (12) The Chairperson of the National Endowment for the Humanities. The Chair of the CEQ may invite to participate in meetings of the Committee, representatives of other agencies, as appropriate. (b) The Committee shall: (1) establish formal guidelines for designation as an American Heritage River; (2) periodically review the actions of agencies in sup port of the American Heritage Rivers; (3) report to the President on the progress, accom plishments, and effectiveness of the American Heritage Rivers initiative; and (4) perform other duties as directed by the Chair of the CEQ. SEC. 4. Responsibilities of the Federal Agencies. Consist ent with Title I of the National Environmental Policy Act of 1969 [42 U.S.C. 4331 et seq.], agencies shall: (a) identify their existing programs and plans that give them the authority to offer assistance to commu nities involved in river conservation and community health and revitalization; (b) to the extent practicable and permitted by law and regulation, refocus programs, grants, and technical assistance to provide support for communities adjacent to American Heritage Rivers; (c) identify all technical tools, including those devel oped for purposes other than river conservation, that can be applied to river protection, restoration, and community revitalization; (d) provide access to existing scientific data and in formation to the extent permitted by law and consist ent with the agencies mission and resources; (e) cooperate with State, local, and tribal govern ments and communities with respect to their activities that take place in, or affect the area around, an Amer ican Heritage River; (f) commit to a policy, as set forth in section 1(j) of this order, in making decisions affecting the quality of an American Heritage River; (g) select from among all the agencies a single indi vidual called the ‘‘River Navigator,’’ for each river that is designated an American Heritage River, with whom the communities can communicate goals and needs and who will facilitate community-agency interchange; (h) allow public access to the river, for agencies with facilities along American Heritage Rivers, to the ex tent practicable and consistent with their mission; and (i) cooperate, as appropriate, with communities on projects that protect or preserve stretches of the river that are on Federal property or adjacent to a Federal facility. SEC. 5. Responsibilities of the Committee and the Council on Environmental Quality. The CEQ shall serve as Exec utive agent for the Committee, and the CEQ and the Committee shall ensure the implementation of the policies and purposes of this initiative. SEC. 6. Definition. For the purposes of this order, Ex ecutive agency means any agency on the Committee and such other agency as may be designated by the President. SEC. 7. Judicial Review. This order does not create any right or benefit, substantive or procedural, enforceable by any party against the United States, its agencies or instrumentalities, its officers or employees, or any other person. WILLIAM J. CLINTON. EXECUTIVE ORDER NO. 13080 Ex. Ord. No. 13080, Apr. 7, 1998, 63 F.R. 17667, as amended by Ex. Ord. No. 13093, July 27, 1998, 63 F.R. 40357, which established the American Heritage Rivers Initiative Advisory Committee, was revoked by Ex. Ord. No. 13225, § 3(b), Sept. 28, 2001, 66 F.R. 50292, for merly set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to Title 5, Government Organization and Employees. PROC. NO. 7112. DESIGNATION OF AMERICAN HERITAGE RIVERS Proc. No. 7112, July 30, 1998, 63 F.R. 41949, provided: In celebration of America’s rivers, and to recognize and reward grassroots efforts to restore them, last year I announced the American Heritage Rivers initiative. My goal was to help communities realize their visions for their rivers by making it easier for them to tap ex isting programs and resources of the Federal Govern ment. From across the country, hundreds of commu nities answered my call for nominations, asking that their rivers be designated American Heritage Rivers. I applaud all of the communities that have drawn to gether and dedicated themselves to the goal of healthy rivers, now and forever. Page 5232 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 Having reviewed the recommendations of the Amer ican Heritage Rivers Initiative Advisory Committee, I am pleased to be able to recognize a select group of riv ers and communities that reflect the true diversity and splendor of America’s natural endowment, and the tre mendous energy and commitment of its citizenry. Pursuant to Executive Orders 13061 [set out above], 13080, and 13093 [set out above], I hereby designate the following American Heritage Rivers: • The Blackstone and Woonasquatucket Rivers, in the States of Massachusetts and Rhode Island; • The Connecticut River, in the States of Connecti cut, Massachusetts, New Hampshire, and Vermont; • The Cuyahoga River, in the State of Ohio; • The Detroit River, in the State of Michigan; • The Hanalei River, in the State of Hawaii; • The Hudson River, in the State of New York; • The Upper Mississippi River, in the States of Illi nois, Iowa, Minnesota, Missouri, and Wisconsin; • The Lower Mississippi River, in the States of Lou isiana and Tennessee; • The New River, in the States of North Carolina, Virginia, and West Virginia; • The Rio Grande, in the State of Texas; • The Potomac River, in the District of Columbia and the States of Maryland, Pennsylvania, Virginia, and West Virginia; • The St. Johns River, in the State of Florida; • The Upper Susquehanna and Lackawanna Rivers, in the State of Pennsylvania; • The Willamette River, in the State of Oregon. IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of July, in the year of our Lord nineteen hundred and ninety-eight, and of the Inde pendence of the United States of America the two hun dred and twenty-third. WILLIAM J. CLINTON. EX. ORD. NO. 13112. INVASIVE SPECIES Ex. Ord. No. 13112, Feb. 3, 1999, 64 F.R. 6183, as amend ed by Ex. Ord. No. 13286, § 15, Feb. 28, 2003, 68 F.R. 10623, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, including the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et seq.), Non indigenous Aquatic Nuisance Prevention and Control Act of 1990, as amended (16 U.S.C. 4701 et seq.), Lacey Act, as amended (18 U.S.C. 42), Federal Plant Pest Act (7 U.S.C. 150aa et seq.), Federal Noxious Weed Act of 1974, as amended (7 U.S.C. 2801 et seq.), Endangered Spe cies Act of 1973, as amended (16 U.S.C. 1531 et seq.), and other pertinent statutes, to prevent the introduction of invasive species and provide for their control and to minimize the economic, ecological, and human health impacts that invasive species cause, it is ordered as fol lows: SECTION 1. Definitions. (a) ‘‘Alien species’’ means, with respect to a particu lar ecosystem, any species, including its seeds, eggs, spores, or other biological material capable of propa gating that species, that is not native to that eco system. (b) ‘‘Control’’ means, as appropriate, eradicating, sup pressing, reducing, or managing invasive species popu lations, preventing spread of invasive species from areas where they are present, and taking steps such as restoration of native species and habitats to reduce the effects of invasive species and to prevent further inva sions. (c) ‘‘Ecosystem’’ means the complex of a community of organisms and its environment. (d) ‘‘Federal agency’’ means an executive department or agency, but does not include independent establish ments as defined by 5 U.S.C. 104. (e) ‘‘Introduction’’ means the intentional or uninten tional escape, release, dissemination, or placement of a species into an ecosystem as a result of human activ ity. (f) ‘‘Invasive species’’ means an alien species whose introduction does or is likely to cause economic or en vironmental harm or harm to human health. (g) ‘‘Native species’’ means, with respect to a particu lar ecosystem, a species that, other than as a result of an introduction, historically occurred or currently oc curs in that ecosystem. (h) ‘‘Species’’ means a group of organisms all of which have a high degree of physical and genetic simi larity, generally interbreed only among themselves, and show persistent differences from members of allied groups of organisms. (i) ‘‘Stakeholders’’ means, but is not limited to, State, tribal, and local government agencies, academic institutions, the scientific community, nongovern mental entities including environmental, agricultural, and conservation organizations, trade groups, commer cial interests, and private landowners. (j) ‘‘United States’’ means the 50 States, the District of Columbia, Puerto Rico, Guam, and all possessions, territories, and the territorial sea of the United States. SEC. 2. Federal Agency Duties. (a) Each Federal agency whose actions may affect the status of invasive species shall, to the extent practicable and permitted by law, (1) identify such actions; (2) subject to the availability of appropriations, and within Administration budgetary limits, use relevant programs and authorities to: (i) prevent the introduc tion of invasive species; (ii) detect and respond rapidly to and control populations of such species in a cost-ef fective and environmentally sound manner; (iii) mon itor invasive species populations accurately and reli ably; (iv) provide for restoration of native species and habitat conditions in ecosystems that have been in vaded; (v) conduct research on invasive species and de velop technologies to prevent introduction and provide for environmentally sound control of invasive species; and (vi) promote public education on invasive species and the means to address them; and (3) not authorize, fund, or carry out actions that it believes are likely to cause or promote the introduc tion or spread of invasive species in the United States or elsewhere unless, pursuant to guidelines that it has prescribed, the agency has determined and made public its determination that the benefits of such actions clearly outweigh the potential harm caused by invasive species; and that all feasible and prudent measures to minimize risk of harm will be taken in conjunction with the actions. (b) Federal agencies shall pursue the duties set forth in this section in consultation with the Invasive Spe cies Council, consistent with the Invasive Species Man agement Plan and in cooperation with stakeholders, as appropriate, and, as approved by the Department of State, when Federal agencies are working with inter national organizations and foreign nations. SEC. 3. Invasive Species Council. (a) An Invasive Spe cies Council (Council) is hereby established whose members shall include the Secretary of State, the Sec retary of the Treasury, the Secretary of Defense, the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Transpor tation, the Secretary of Homeland Security, and the Administrator of the Environmental Protection Agen cy. The Council shall be Co-Chaired by the Secretary of the Interior, the Secretary of Agriculture, and the Sec retary of Commerce. The Council may invite additional Federal agency representatives to be members, includ ing representatives from subcabinet bureaus or offices with significant responsibilities concerning invasive species, and may prescribe special procedures for their participation. The Secretary of the Interior shall, with concurrence of the Co-Chairs, appoint an Executive Di rector of the Council and shall provide the staff and ad ministrative support for the Council. (b) The Secretary of the Interior shall establish an advisory committee under the Federal Advisory Com mittee Act, 5 U.S.C. App., to provide information and advice for consideration by the Council, and shall, after consultation with other members of the Council, ap Page 5233 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 point members of the advisory committee representing stakeholders. Among other things, the advisory com mittee shall recommend plans and actions at local, tribal, State, regional, and ecosystem-based levels to achieve the goals and objectives of the Management Plan in section 5 of this order. The advisory committee shall act in cooperation with stakeholders and existing organizations addressing invasive species. The Depart ment of the Interior shall provide the administrative and financial support for the advisory committee. SEC. 4. Duties of the Invasive Species Council. The Inva sive Species Council shall provide national leadership regarding invasive species, and shall: (a) oversee the implementation of this order and see that the Federal agency activities concerning invasive species are coordinated, complementary, cost-efficient, and effective, relying to the extent feasible and appro priate on existing organizations addressing invasive species, such as the Aquatic Nuisance Species Task Force, the Federal Interagency Committee for the Management of Noxious and Exotic Weeds, and the Committee on Environment and Natural Resources; (b) encourage planning and action at local, tribal, State, regional, and ecosystem-based levels to achieve the goals and objectives of the Management Plan in section 5 of this order, in cooperation with stakehold ers and existing organizations addressing invasive spe cies; (c) develop recommendations for international co operation in addressing invasive species; (d) develop, in consultation with the Council on Envi ronmental Quality, guidance to Federal agencies pursu ant to the National Environmental Policy Act on pre vention and control of invasive species, including the procurement, use, and maintenance of native species as they affect invasive species; (e) facilitate development of a coordinated network among Federal agencies to document, evaluate, and monitor impacts from invasive species on the economy, the environment, and human health; (f) facilitate establishment of a coordinated, up-to date information-sharing system that utilizes, to the greatest extent practicable, the Internet; this system shall facilitate access to and exchange of information concerning invasive species, including, but not limited to, information on distribution and abundance of inva sive species; life histories of such species and invasive characteristics; economic, environmental, and human health impacts; management techniques, and laws and programs for management, research, and public edu cation; and (g) prepare and issue a national Invasive Species Management Plan as set forth in section 5 of this order. SEC. 5. Invasive Species Management Plan. (a) Within 18 months after issuance of this order, the Council shall prepare and issue the first edition of a National Inva sive Species Management Plan (Management Plan), which shall detail and recommend performance-ori ented goals and objectives and specific measures of suc cess for Federal agency efforts concerning invasive spe cies. The Management Plan shall recommend specific objectives and measures for carrying out each of the Federal agency duties established in section 2(a) of this order and shall set forth steps to be taken by the Coun cil to carry out the duties assigned to it under section 4 of this order. The Management Plan shall be devel oped through a public process and in consultation with Federal agencies and stakeholders. (b) The first edition of the Management Plan shall in clude a review of existing and prospective approaches and authorities for preventing the introduction and spread of invasive species, including those for identify ing pathways by which invasive species are introduced and for minimizing the risk of introductions via those pathways, and shall identify research needs and rec ommend measures to minimize the risk that introduc tions will occur. Such recommended measures shall provide for a science-based process to evaluate risks as sociated with introduction and spread of invasive spe cies and a coordinated and systematic risk-based proc ess to identify, monitor, and interdict pathways that may be involved in the introduction of invasive species. If recommended measures are not authorized by cur rent law, the Council shall develop and recommend to the President through its Co-Chairs legislative propos als for necessary changes in authority. (c) The Council shall update the Management Plan biennially and shall concurrently evaluate and report on success in achieving the goals and objectives set forth in the Management Plan. The Management Plan shall identify the personnel, other resources, and addi tional levels of coordination needed to achieve the Management Plan’s identified goals and objectives, and the Council shall provide each edition of the Manage ment Plan and each report on it to the Office of Man agement and Budget. Within 18 months after measures have been recommended by the Council in any edition of the Management Plan, each Federal agency whose action is required to implement such measures shall ei ther take the action recommended or shall provide the Council with an explanation of why the action is not feasible. The Council shall assess the effectiveness of this order no less than once each 5 years after the order is issued and shall report to the Office of Management and Budget on whether the order should be revised. SEC. 6. Judicial Review and Administration. (a) This order is intended only to improve the internal manage ment of the executive branch and is not intended to create any right, benefit, or trust responsibility, sub stantive or procedural, enforceable at law or equity by a party against the United States, its agencies, its offi cers, or any other person. (b) Executive Order 11987 of May 24, 1977, is hereby re voked. (c) The requirements of this order do not affect the obligations of Federal agencies under 16 U.S.C. 4713 with respect to ballast water programs. (d) The requirements of section 2(a)(3) of this order shall not apply to any action of the Department of State or Department of Defense if the Secretary of State or the Secretary of Defense finds that exemption from such requirements is necessary for foreign policy or national security reasons. EXECUTIVE ORDER NO. 13148 Ex. Ord. No. 13148, Apr. 21, 2000, 65 F.R. 24595, which directed Federal agencies to establish strategies that supported environmental leadership programs, policies, and procedures and to implement environmental com pliance audit programs and policies that emphasized pollution prevention, was revoked by Ex. Ord. No. 13423, § 11(a)(iv), Jan. 24, 2007, 72 F.R. 3923, set out below. EX. ORD. NO. 13423. STRENGTHENING FEDERAL ENVIRON MENTAL, ENERGY, AND TRANSPORTATION MANAGEMENT Ex. Ord. No. 13423, Jan. 24, 2007, 72 F.R. 3919, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, and to strengthen the environmental, energy, and transportation management of Federal agencies, it is hereby ordered as follows: SECTION 1. Policy. It is the policy of the United States that Federal agencies conduct their environmental, transportation, and energy-related activities under the law in support of their respective missions in an envi ronmentally, economically and fiscally sound, inte grated, continuously improving, efficient, and sustain able manner. SEC. 2. Goals for Agencies. In implementing the policy set forth in section 1 of this order, the head of each agency shall: (a) improve energy efficiency and reduce greenhouse gas emissions of the agency, through reduction of en ergy intensity by (i) 3 percent annually through the end of fiscal year 2015, or (ii) 30 percent by the end of fiscal year 2015, relative to the baseline of the agency’s energy use in fiscal year 2003; (b) ensure that (i) at least half of the statutorily re quired renewable energy consumed by the agency in a Page 5234 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 fiscal year comes from new renewable sources, and (ii) to the extent feasible, the agency implements renew able energy generation projects on agency property for agency use; (c) beginning in FY 2008, reduce water consumption intensity, relative to the baseline of the agency’s water consumption in fiscal year 2007, through life-cycle cost effective measures by 2 percent annually through the end of fiscal year 2015 or 16 percent by the end of fiscal year 2015; (d) require in agency acquisitions of goods and serv ices (i) use of sustainable environmental practices, in cluding acquisition of biobased, environmentally pref erable, energy-efficient, water-efficient, and recycled content products, and (ii) use of paper of at least 30 per cent post-consumer fiber content; (e) ensure that the agency (i) reduces the quantity of toxic and hazardous chemicals and materials acquired, used, or disposed of by the agency, (ii) increases diver sion of solid waste as appropriate, and (iii) maintains cost-effective waste prevention and recycling programs in its facilities; (f) ensure that (i) new construction and major renova tion of agency buildings comply with the Guiding Prin ciples for Federal Leadership in High Performance and Sustainable Buildings set forth in the Federal Leadership in High Performance and Sustainable Buildings Memoran dum of Understanding (2006), and (ii) 15 percent of the existing Federal capital asset building inventory of the agency as of the end of fiscal year 2015 incorporates the sustainable practices in the Guiding Principles; (g) ensure that, if the agency operates a fleet of at least 20 motor vehicles, the agency, relative to agency baselines for fiscal year 2005, (i) reduces the fleet’s total consumption of petroleum products by 2 percent annually through the end of fiscal year 2015, (ii) in creases the total fuel consumption that is non-petro leum-based by 10 percent annually, and (iii) uses plug in hybrid (PIH) vehicles when PIH vehicles are com mercially available at a cost reasonably comparable, on the basis of life-cycle cost, to non-PIH vehicles; and (h) ensure that the agency (i) when acquiring an elec tronic product to meet its requirements, meets at least 95 percent of those requirements with an Electronic Product Environmental Assessment Tool (EPEAT)-reg istered electronic product, unless there is no EPEAT standard for such product, (ii) enables the Energy Star feature on agency computers and monitors, (iii) estab lishes and implements policies to extend the useful life of agency electronic equipment, and (iv) uses environ mentally sound practices with respect to disposition of agency electronic equipment that has reached the end of its useful life. SEC. 3. Duties of Heads of Agencies. In implementing the policy set forth in section 1 of this order, the head of each agency shall: (a) implement within the agency sustainable prac tices for (i) energy efficiency, greenhouse gas emissions avoidance or reduction, and petroleum products use re duction, (ii) renewable energy, including bioenergy, (iii) water conservation, (iv) acquisition, (v) pollution and waste prevention and recycling, (vi) reduction or elimination of acquisition and use of toxic or hazardous chemicals, (vii) high performance construction, lease, operation, and maintenance of buildings, (viii) vehicle fleet management, and (ix) electronic equipment man agement; (b) implement within the agency environmental man agement systems (EMS) at all appropriate organiza tional levels to ensure (i) use of EMS as the primary management approach for addressing environmental aspects of internal agency operations and activities, in cluding environmental aspects of energy and transpor tation functions, (ii) establishment of agency objec tives and targets to ensure implementation of this order, and (iii) collection, analysis, and reporting of in formation to measure performance in the implementa tion of this order; (c) establish within the agency programs for (i) envi ronmental management training, (ii) environmental compliance review and audit, and (iii) leadership awards to recognize outstanding environmental, en ergy, or transportation management performance in the agency; (d) within 30 days after the date of this order (i) des ignate a senior civilian officer of the United States, compensated annually in an amount at or above the amount payable at level IV of the Executive Schedule, to be responsible for implementation of this order with in the agency, (ii) report such designation to the Direc tor of the Office of Management and Budget and the Chairman of the Council on Environmental Quality, and (iii) assign the designated official the authority and duty to (A) monitor and report to the head of the agency on agency activities to carry out subsections (a) and (b) of this section, and (B) perform such other du ties relating to the implementation of this order within the agency as the head of the agency deems appro priate; (e) ensure that contracts entered into after the date of this order for contractor operation of government owned facilities or vehicles require the contractor to comply with the provisions of this order with respect to such facilities or vehicles to the same extent as the agency would be required to comply if the agency oper ated the facilities or vehicles; (f) ensure that agreements, permits, leases, licenses, or other legally-binding obligations between the agen cy and a tenant or concessionaire entered into after the date of this order require, to the extent the head of the agency determines appropriate, that the tenant or con cessionaire take actions relating to matters within the scope of the contract that facilitate the agency’s com pliance with this order; (g) provide reports on agency implementation of this order to the Chairman of the Council on such schedule and in such format as the Chairman of the Council may require; and (h) provide information and assistance to the Direc tor of the Office of Management and Budget, the Chair man of the Council, and the Federal Environmental Ex ecutive. SEC. 4. Additional Duties of the Chairman of the Council on Environmental Quality. In implementing the policy set forth in section 1 of this order, the Chairman of the Council on Environmental Quality: (a)(i) shall establish a Steering Committee on Strengthening Federal Environmental, Energy, and Transportation Management to advise the Director of the Office of Management and Budget and the Chair man of the Council on the performance of their func tions under this order that shall consist exclusively of (A) the Federal Environmental Executive, who shall chair, convene and preside at meetings of, determine the agenda of, and direct the work of, the Steering Committee, and (B) the senior officials designated under section 3(d)(i) of this order, and (ii) may estab lish subcommittees of the Steering Committee, to as sist the Steering Committee in developing the advice of the Steering Committee on particular subjects; (b) may, after consultation with the Director of the Office of Management and Budget and the Steering Committee, issue instructions to implement this order, other than instructions within the authority of the Di rector to issue under section 5 of this order; and (c) shall administer a presidential leadership award program to recognize exceptional and outstanding envi ronmental, energy, or transportation management per formance and excellence in agency efforts to imple ment this order. SEC. 5. Duties of the Director of the Office of Manage ment and Budget. In implementing the policy set forth in section 1 of this order, the Director of the Office of Management and Budget shall, after consultation with the Chairman of the Council and the Steering Commit tee, issue instructions to the heads of agencies concern ing: (a) periodic evaluation of agency implementation of this order; (b) budget and appropriations matters relating to im plementation of this order; Page 5235 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 (c) implementation of section 2(d) of this order; and (d) amendments of the Federal Acquisition Regula tion as necessary to implement this order. SEC. 6. Duties of the Federal Environmental Executive. A Federal Environmental Executive designated by the President shall head the Office of the Federal Environ mental Executive, which shall be maintained in the En vironmental Protection Agency for funding and admin istrative purposes. In implementing the policy set forth in section 1 of this order, the Federal Environmental Executive shall: (a) monitor, and advise the Chairman of the Council on, performance by agencies of functions assigned by sections 2 and 3 of this order; (b) submit a report to the President, through the Chairman of the Council, not less often than once every 2 years, on the activities of agencies to implement this order; and (c) advise the Chairman of the Council on the Chair man’s exercise of authority granted by subsection 4(c) of this order. SEC. 7. Limitations. (a) This order shall apply to an agency with respect to the activities, personnel, re sources, and facilities of the agency that are located within the United States. The head of an agency may provide that this order shall apply in whole or in part with respect to the activities, personnel, resources, and facilities of the agency that are not located within the United States, if the head of the agency determines that such application is in the interest of the United States. (b) The head of an agency shall manage activities, personnel, resources, and facilities of the agency that are not located within the United States, and with re spect to which the head of the agency has not made a determination under subsection (a) of this section, in a manner consistent with the policy set forth in section 1 of this order to the extent the head of the agency de termines practicable. SEC. 8. Exemption Authority. (a) The Director of Na tional Intelligence may exempt an intelligence activity of the United States, and related personnel, resources, and facilities, from the provisions of this order, other than this subsection and section 10, to the extent the Director determines necessary to protect intelligence sources and methods from unauthorized disclosure. (b) The head of an agency may exempt law enforce ment activities of that agency, and related personnel, resources, and facilities, from the provisions of this order, other than this subsection and section 10, to the extent the head of an agency determines necessary to protect undercover operations from unauthorized dis closure. (c)(i) The head of an agency may exempt law enforce ment, protective, emergency response, or military tac tical vehicle fleets of that agency from the provisions of this order, other than this subsection and section 10. (ii) Heads of agencies shall manage fleets to which paragraph (i) of this subsection refers in a manner con sistent with the policy set forth in section 1 of this order to the extent they determine practicable. (d) The head of an agency may submit to the Presi dent, through the Chairman of the Council, a request for an exemption of an agency activity, and related per sonnel, resources, and facilities, from this order. SEC. 9. Definitions. As used in this order: (a) ‘‘agency’’ means an executive agency as defined in section 105 of title 5, United States Code, excluding the Government Accountability Office; (b) ‘‘Chairman of the Council’’ means the Chairman of the Council on Environmental Quality, including in the Chairman’s capacity as Director of the Office of En vironmental Quality; (c) ‘‘Council’’ means the Council on Environmental Quality; (d) ‘‘environmental’’ means environmental aspects of internal agency operations and activities, including those environmental aspects related to energy and transportation functions; (e) ‘‘greenhouse gases’’ means carbon dioxide, meth ane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride; (f) ‘‘life-cycle cost-effective’’ means the life-cycle costs of a product, project, or measure are estimated to be equal to or less than the base case (i.e., current or standard practice or product); (g) ‘‘new renewable sources’’ means sources of renew able energy placed into service after January 1, 1999; (h) ‘‘renewable energy’’ means energy produced by solar, wind, biomass, landfill gas, ocean (including tidal, wave, current and thermal), geothermal, munici pal solid waste, or new hydroelectric generation capac ity achieved from increased efficiency or additions of new capacity at an existing hydroelectric project; (i) ‘‘energy intensity’’ means energy consumption per square foot of building space, including industrial or laboratory facilities; (j) ‘‘Steering Committee’’ means the Steering Com mittee on Strengthening Federal Environmental, En ergy, and Transportation Management established under subsection 4(b) of this order; (k) ‘‘sustainable’’ means to create and maintain con ditions, under which humans and nature can exist in productive harmony, that permit fulfilling the social, economic, and other requirements of present and future generations of Americans; and (l) ‘‘United States’’ when used in a geographical sense, means the fifty states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Northern Mariana Islands, and associated territorial waters and airspace. SEC. 10. General Provisions. (a) This order shall be im plemented in a manner consistent with applicable law and subject to the availability of appropriations. (b) Nothing in this order shall be construed to impair or otherwise affect the functions of the Director of the Office of Management and Budget relating to budget, administrative, or legislative proposals. (c) This order is intended only to improve the inter nal management of the Federal Government and is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in eq uity by a party against the United States, its depart ments, agencies, instrumentalities, entities, officers, employees or agents, or any other person. SEC. 11. Revocations; Conforming Provisions. (a) The fol lowing are revoked: (i) Executive Order 13101 of September 14, 1998; (ii) Executive Order 13123 of June 3, 1999; (iii) Executive Order 13134 of August 12, 1999, as amended; (iv) Executive Order 13148 of April 21, 2000; and (v) Executive Order 13149 of April 21, 2000. (b) In light of subsection 317(e) of the National De fense Authorization Act for Fiscal Year 2002 (Public Law 107–107), not later than January 1 of each year through and including 2010, the Secretary of Defense shall submit to the Senate and the House of Represent atives a report regarding progress made toward achiev ing the energy efficiency goals of the Department of Defense. (c) [Amended Ex. Ord. No. 13327, set out as a note under section 121 of Title 40, Public Buildings, Prop erty, and Works.] EX. ORD. NO. 13514. FEDERAL LEADERSHIP IN ENVIRONMENTAL, ENERGY, AND ECONOMIC PERFORMANCE Ex. Ord. No. 13514, Oct. 5, 2009, 74 F.R. 52117, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, and to establish an integrated strategy to wards sustainability in the Federal Government and to make reduction of greenhouse gas emissions a priority for Federal agencies, it is hereby ordered as follows: SECTION 1. Policy. In order to create a clean energy economy that will increase our Nation’s prosperity, promote energy security, protect the interests of tax payers, and safeguard the health of our environment, the Federal Government must lead by example. It is therefore the policy of the United States that Federal agencies shall increase energy efficiency; measure, re Page 5236 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 port, and reduce their greenhouse gas emissions from direct and indirect activities; conserve and protect water resources through efficiency, reuse, and storm water management; eliminate waste, recycle, and pre vent pollution; leverage agency acquisitions to foster markets for sustainable technologies and environ mentally preferable materials, products, and services; design, construct, maintain, and operate high perform ance sustainable buildings in sustainable locations; strengthen the vitality and livability of the commu nities in which Federal facilities are located; and in form Federal employees about and involve them in the achievement of these goals. It is further the policy of the United States that to achieve these goals and support their respective mis sions, agencies shall prioritize actions based on a full accounting of both economic and social benefits and costs and shall drive continuous improvement by annu ally evaluating performance, extending or expanding projects that have net benefits, and reassessing or dis continuing under-performing projects. Finally, it is also the policy of the United States that agencies’ efforts and outcomes in implementing this order shall be transparent and that agencies shall therefore disclose results associated with the actions taken pursuant to this order on publicly available Fed eral websites. SEC. 2. Goals for Agencies. In implementing the policy set forth in section 1 of this order, and preparing and implementing the Strategic Sustainability Perform ance Plan called for in section 8 of this order, the head of each agency shall: (a) within 90 days of the date of this order, establish and report to the Chair of the Council on Environ mental Quality (CEQ Chair) and the Director of the Of fice of Management and Budget (OMB Director) a per centage reduction target for agency-wide reductions of scope 1 and 2 greenhouse gas emissions in absolute terms by fiscal year 2020, relative to a fiscal year 2008 baseline of the agency’s scope 1 and 2 greenhouse gas emissions. Where appropriate, the target shall exclude direct emissions from excluded vehicles and equipment and from electric power produced and sold commer cially to other parties in the course of regular business. This target shall be subject to review and approval by the CEQ Chair in consultation with the OMB Director under section 5 of this order. In establishing the target, the agency head shall consider reductions associated with: (i) reducing energy intensity in agency buildings; (ii) increasing agency use of renewable energy and implementing renewable energy generation projects on agency property; and (iii) reducing the use of fossil fuels by: (A) using low greenhouse gas emitting vehicles including alternative fuel vehicles; (B) optimizing the number of vehicles in the agency fleet; and (C) reducing, if the agency operates a fleet of at least 20 motor vehicles, the agency fleet’s total con sumption of petroleum products by a minimum of 2 percent annually through the end of fiscal year 2020, relative to a baseline of fiscal year 2005; (b) within 240 days of the date of this order and con current with submission of the Strategic Sustainability Performance Plan as described in section 8 of this order, establish and report to the CEQ Chair and the OMB Director a percentage reduction target for reduc ing agency-wide scope 3 greenhouse gas emissions in absolute terms by fiscal year 2020, relative to a fiscal year 2008 baseline of agency scope 3 emissions. This tar get shall be subject to review and approval by the CEQ Chair in consultation with the OMB Director under sec tion 5 of this order. In establishing the target, the agency head shall consider reductions associated with: (i) pursuing opportunities with vendors and con tractors to address and incorporate incentives to re duce greenhouse gas emissions (such as changes to manufacturing, utility or delivery services, modes of transportation used, or other changes in supply chain activities); (ii) implementing strategies and accommodations for transit, travel, training, and conferencing that ac tively support lower-carbon commuting and travel by agency staff; (iii) greenhouse gas emission reductions associated with pursuing other relevant goals in this section; and (iv) developing and implementing innovative poli cies and practices to address scope 3 greenhouse gas emissions unique to agency operations; (c) establish and report to the CEQ Chair and OMB Director a comprehensive inventory of absolute green house gas emissions, including scope 1, scope 2, and specified scope 3 emissions (i) within 15 months of the date of this order for fiscal year 2010, and (ii) there after, annually at the end of January, for the preceding fiscal year. (d) improve water use efficiency and management by: (i) reducing potable water consumption intensity by 2 percent annually through fiscal year 2020, or 26 percent by the end of fiscal year 2020, relative to a baseline of the agency’s water consumption in fiscal year 2007, by implementing water management strat egies including water-efficient and low-flow fixtures and efficient cooling towers; (ii) reducing agency industrial, landscaping, and ag ricultural water consumption by 2 percent annually or 20 percent by the end of fiscal year 2020 relative to a baseline of the agency’s industrial, landscaping, and agricultural water consumption in fiscal year 2010; (iii) consistent with State law, identifying, promot ing, and implementing water reuse strategies that re duce potable water consumption; and (iv) implementing and achieving the objectives identified in the stormwater management guidance referenced in section 14 of this order; (e) promote pollution prevention and eliminate waste by: (i) minimizing the generation of waste and pollut ants through source reduction; (ii) diverting at least 50 percent of non-hazardous solid waste, excluding construction and demolition debris, by the end of fiscal year 2015; (iii) diverting at least 50 percent of construction and demolition materials and debris by the end of fis cal year 2015; (iv) reducing printing paper use and acquiring uncoated printing and writing paper containing at least 30 percent postconsumer fiber; (v) reducing and minimizing the quantity of toxic and hazardous chemicals and materials acquired, used, or disposed of; (vi) increasing diversion of compostable and or ganic material from the waste stream; (vii) implementing integrated pest management and other appropriate landscape management prac tices; (viii) increasing agency use of acceptable alter native chemicals and processes in keeping with the agency’s procurement policies; (ix) decreasing agency use of chemicals where such decrease will assist the agency in achieving green house gas emission reduction targets under section 2(a) and (b) of this order; and (x) reporting in accordance with the requirements of sections 301 through 313 of the Emergency Plan ning and Community Right-to-Know Act of 1986 (42 U.S.C. 11001 et seq.); (f) advance regional and local integrated planning by: (i) participating in regional transportation plan ning and recognizing existing community transpor tation infrastructure; (ii) aligning Federal policies to increase the effec tiveness of local planning for energy choices such as locally generated renewable energy; (iii) ensuring that planning for new Federal facili ties or new leases includes consideration of sites that are pedestrian friendly, near existing employment centers, and accessible to public transit, and empha sizes existing central cities and, in rural commu nities, existing or planned town centers; Page 5237 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 (iv) identifying and analyzing impacts from energy usage and alternative energy sources in all Environ mental Impact Statements and Environmental As sessments for proposals for new or expanded Federal facilities under the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et seq.); and (v) coordinating with regional programs for Fed eral, State, tribal, and local ecosystem, watershed, and environmental management; (g) implement high performance sustainable Federal building design, construction, operation and manage ment, maintenance, and deconstruction including by: (i) beginning in 2020 and thereafter, ensuring that all new Federal buildings that enter the planning process are designed to achieve zero-net-energy by 2030; (ii) ensuring that all new construction, major ren ovation, or repair and alteration of Federal buildings complies with the Guiding Principles for Federal Lead ership in High Performance and Sustainable Buildings, (Guiding Principles); (iii) ensuring that at least 15 percent of the agen cy’s existing buildings (above 5,000 gross square feet) and building leases (above 5,000 gross square feet) meet the Guiding Principles by fiscal year 2015 and that the agency makes annual progress toward 100 percent conformance with the Guiding Principles for its building inventory; (iv) pursuing cost-effective, innovative strategies, such as highly reflective and vegetated roofs, to min imize consumption of energy, water, and materials; (v) managing existing building systems to reduce the consumption of energy, water, and materials, and identifying alternatives to renovation that reduce ex isting assets’ deferred maintenance costs; (vi) when adding assets to the agency’s real prop erty inventory, identifying opportunities to consoli date and dispose of existing assets, optimize the per formance of the agency’s real-property portfolio, and reduce associated environmental impacts; and (vii) ensuring that rehabilitation of federally owned historic buildings utilizes best practices and tech nologies in retrofitting to promote long-term viabil ity of the buildings; (h) advance sustainable acquisition to ensure that 95 percent of new contract actions including task and de livery orders, for products and services with the excep tion of acquisition of weapon systems, are energy-effi cient (Energy Star or Federal Energy Management Pro gram (FEMP) designated), water-efficient, biobased, en vironmentally preferable (e.g., Electronic Product En vironmental Assessment Tool (EPEAT) certified), non ozone depleting, contain recycled content, or are non toxic or less-toxic alternatives, where such products and services meet agency performance requirements; (i) promote electronics stewardship, in particular by: (i) ensuring procurement preference for EPEAT registered electronic products; (ii) establishing and implementing policies to en able power management, duplex printing, and other energy-efficient or environmentally preferable fea tures on all eligible agency electronic products; (iii) employing environmentally sound practices with respect to the agency’s disposition of all agency excess or surplus electronic products; (iv) ensuring the procurement of Energy Star and FEMP designated electronic equipment; (v) implementing best management practices for energy-efficient management of servers and Federal data centers; and (j) sustain environmental management, including by: (i) continuing implementation of formal environ mental management systems at all appropriate orga nizational levels; and (ii) ensuring these formal systems are appro priately implemented and maintained to achieve the performance necessary to meet the goals of this order. SEC. 3. Steering Committee on Federal Sustainability. The OMB Director and the CEQ Chair shall: (a) establish an interagency Steering Committee (Steering Committee) on Federal Sustainability com posed of the Federal Environmental Executive, des ignated under section 6 of Executive Order 13423 of Jan uary 24, 2007, and Agency Senior Sustainability Offi cers, designated under section 7 of this order, and that shall: (i) serve in the dual capacity of the Steering Com mittee on Strengthening Federal Environmental, En ergy, and Transportation Management designated by the CEQ Chair pursuant to section 4 of Executive Order 13423; (ii) advise the OMB Director and the CEQ Chair on implementation of this order; (iii) facilitate the implementation of each agency’s Strategic Sustainability Performance Plan; and (iv) share information and promote progress to wards the goals of this order; (b) enlist the support of other organizations within the Federal Government to assist the Steering Com mittee in addressing the goals of this order; (c) establish and disband, as appropriate, interagency subcommittees of the Steering Committee, to assist the Steering Committee in carrying out its responsibil ities; (d) determine appropriate Federal actions to achieve the policy of section 1 and the goals of section 2 of this order; (e) ensure that Federal agencies are held accountable for conformance with the requirements of this order; and (f) in coordination with the Department of Energy’s Federal Energy Management Program and the Office of the Federal Environmental Executive designated under section 6 of Executive Order 13423, provide guidance and assistance to facilitate the development of agency tar gets for greenhouse gas emission reductions required under subsections 2(a) and (b) of this order. SEC. 4. Additional Duties of the Director of the Office of Management and Budget. In addition to the duties of the OMB Director specified elsewhere in this order, the OMB Director shall: (a) review and approve each agency’s multi-year Strategic Sustainability Performance Plan under sec tion 8 of this order and each update of the Plan. The Di rector shall, where feasible, review each agency’s Plan concurrently with OMB’s review and evaluation of the agency’s budget request; (b) prepare scorecards providing periodic evaluation of Federal agency performance in implementing this order and publish scorecard results on a publicly avail able website; and (c) approve and issue instructions to the heads of agencies concerning budget and appropriations matters relating to implementation of this order. SEC. 5. Additional Duties of the Chair of the Council on Environmental Quality. In addition to the duties of the CEQ Chair specified elsewhere in this order, the CEQ Chair shall: (a) issue guidance for greenhouse gas accounting and reporting required under section 2 of this order; (b) issue instructions to implement this order, in ad dition to instructions within the authority of the OMB Director to issue under subsection 4(c) of this order; (c) review and approve each agency’s targets, in con sultation with the OMB Director, for agency-wide re ductions of greenhouse gas emissions under section 2 of this order; (d) prepare, in coordination with the OMB Director, streamlined reporting metrics to determine each agen cy’s progress under section 2 of this order; (e) review and evaluate each agency’s multi-year Strategic Sustainability Performance Plan under sec tion 8 of this order and each update of the Plan; (f) assess agency progress toward achieving the goals and policies of this order, and provide its assessment of the agency’s progress to the OMB Director; (g) within 120 days of the date of this order, provide the President with an aggregate Federal Government wide target for reducing scope 1 and 2 greenhouse gas Page 5238 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 emissions in absolute terms by fiscal year 2020 relative to a fiscal year 2008 baseline; (h) within 270 days of the date of this order, provide the President with an aggregate Federal Government wide target for reducing scope 3 greenhouse gas emis sions in absolute terms by fiscal year 2020 relative to a fiscal year 2008 baseline; (i) establish and disband, as appropriate, interagency working groups to provide recommendations to the CEQ for areas of Federal agency operational and mana gerial improvement associated with the goals of this order; and (j) administer the Presidential leadership awards pro gram, established under subsection 4(c) of Executive Order 13423, to recognize exceptional and outstanding agency performance with respect to achieving the goals of this order and to recognize extraordinary innova tion, technologies, and practices employed to achieve the goals of this order. SEC. 6. Duties of the Federal Environmental Executive. The Federal Environmental Executive designated by the President to head the Office of the Federal Environ mental Executive, pursuant to section 6 of Executive Order 13423, shall: (a) identify strategies and tools to assist Federal im plementation efforts under this order, including through the sharing of best practices from successful Federal sustainability efforts; and (b) monitor and advise the CEQ Chair and the OMB Director on the agencies’ implementation of this order and their progress in achieving the order’s policies and goals. SEC. 7. Agency Senior Sustainability Officers. (a) Within 30 days of the date of this order, the head of each agen cy shall designate from among the agency’s senior management officials a Senior Sustainability Officer who shall be accountable for agency conformance with the requirements of this order; and shall report such designation to the OMB Director and the CEQ Chair. (b) The Senior Sustainability Officer for each agency shall perform the functions of the senior agency official designated by the head of each agency pursuant to sec tion 3(d)(i) of Executive Order 13423 and shall be respon sible for: (i) preparing the targets for agency-wide reductions and the inventory of greenhouse gas emissions re quired under subsections 2(a), (b), and (c) of this order; (ii) within 240 days of the date of this order, and an nually thereafter, preparing and submitting to the CEQ Chair and the OMB Director, for their review and approval, a multi-year Strategic Sustainability Performance Plan (Sustainability Plan or Plan) as described in section 8 of this order; (iii) preparing and implementing the approved Plan in coordination with appropriate offices and organi zations within the agency including the General Counsel, Chief Information Officer, Chief Acquisition Officer, Chief Financial Officer, and Senior Real Property Officers, and in coordination with other agency plans, policies, and activities; (iv) monitoring the agency’s performance and progress in implementing the Plan, and reporting the performance and progress to the CEQ Chair and the OMB Director, on such schedule and in such format as the Chair and the Director may require; and (v) reporting annually to the head of the agency on the adequacy and effectiveness of the agency’s Plan in implementing this order. SEC. 8. Agency Strategic Sustainability Performance Plan. Each agency shall develop, implement, and annu ally update an integrated Strategic Sustainability Per formance Plan that will prioritize agency actions based on lifecycle return on investment. Each agency Plan and update shall be subject to approval by the OMB Di rector under section 4 of this order. With respect to the period beginning in fiscal year 2011 and continuing through the end of fiscal year 2021, each agency Plan shall: (a) include a policy statement committing the agency to compliance with environmental and energy statutes, regulations, and Executive Orders; (b) achieve the sustainability goals and targets, in cluding greenhouse gas reduction targets, established under section 2 of this order; (c) be integrated into the agency’s strategic planning and budget process, including the agency’s strategic plan under section 3 of the Government Performance and Results Act of 1993, as amended (5 U.S.C. 306); (d) identify agency activities, policies, plans, proce dures, and practices that are relevant to the agency’s implementation of this order, and where necessary, provide for development and implementation of new or revised policies, plans, procedures, and practices; (e) identify specific agency goals, a schedule, mile stones, and approaches for achieving results, and quan tifiable metrics for agency implementation of this order; (f) take into consideration environmental measures as well as economic and social benefits and costs in evaluating projects and activities based on lifecycle re turn on investment; (g) outline planned actions to provide information about agency progress and performance with respect to achieving the goals of this order on a publicly available Federal website; (h) incorporate actions for achieving progress metrics identified by the OMB Director and the CEQ Chair; (i) evaluate agency climate-change risks and vulner abilities to manage the effects of climate change on the agency’s operations and mission in both the short and long term; and (j) identify in annual updates opportunities for im provement and evaluation of past performance in order to extend or expand projects that have net lifecycle benefits, and reassess or discontinue under-performing projects. SEC. 9. Recommendations for Greenhouse Gas Accounting and Reporting. The Department of Energy, through its Federal Energy Management Program, and in coordina tion with the Environmental Protection Agency, the Department of Defense, the General Services Adminis tration, the Department of the Interior, the Depart ment of Commerce, and other agencies as appropriate, shall: (a) within 180 days of the date of this order develop and provide to the CEQ Chair recommended Federal greenhouse gas reporting and accounting procedures for agencies to use in carrying out their obligations under subsections 2(a), (b), and (c) of this order, including procedures that will ensure that agencies: (i) accurately and consistently quantify and ac count for greenhouse gas emissions from all scope 1, 2, and 3 sources, using accepted greenhouse gas ac counting and reporting principles, and identify appro priate opportunities to revise the fiscal year 2008 baseline to address significant changes in factors af fecting agency emissions such as reorganization and improvements in accuracy of data collection and esti mation procedures or other major changes that would otherwise render the initial baseline information un suitable; (ii) consider past Federal agency efforts to reduce greenhouse gas emissions; and (iii) consider and account for sequestration and emissions of greenhouse gases resulting from Federal land management practices; (b) within 1 year of the date of this order, to ensure consistent and accurate reporting under this section, provide electronic accounting and reporting capability for the Federal greenhouse gas reporting procedures de veloped under subsection (a) of this section, and to the extent practicable, ensure compatibility between this capability and existing Federal agency reporting sys tems; and (c) every 3 years from the date of the CEQ Chair’s is suance of the initial version of the reporting guidance, and as otherwise necessary, develop and provide recom mendations to the CEQ Chair for revised Federal green house gas reporting procedures for agencies to use in implementing subsections 2(a), (b), and (c) of this order. SEC. 10. Recommendations for Sustainable Locations for Federal Facilities. Within 180 days of the date of this Page 5239 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 order, the Department of Transportation, in accordance with its Sustainable Partnership Agreement with the Department of Housing and Urban Development and the Environmental Protection Agency, and in coordina tion with the General Services Administration, the De partment of Homeland Security, the Department of De fense, and other agencies as appropriate, shall: (a) review existing policies and practices associated with site selection for Federal facilities; and (b) provide recommendations to the CEQ Chair re garding sustainable location strategies for consider ation in Sustainability Plans. The recommendations shall be consistent with principles of sustainable devel opment including prioritizing central business district and rural town center locations, prioritizing sites well served by transit, including site design elements that ensure safe and convenient pedestrian access, consider ation of transit access and proximity to housing afford able to a wide range of Federal employees, adaptive reuse or renovation of buildings, avoidance of develop ment of sensitive land resources, and evaluation of parking management strategies. SEC. 11. Recommendations for Federal Local Transpor tation Logistics. Within 180 days of the date of this order, the General Services Administration, in coordi nation with the Department of Transportation, the De partment of the Treasury, the Department of Energy, the Office of Personnel Management, and other agen cies as appropriate, shall review current policies and practices associated with use of public transportation by Federal personnel, Federal shuttle bus and vehicle transportation routes supported by multiple Federal agencies, and use of alternative fuel vehicles in Federal shuttle bus fleets, and shall provide recommendations to the CEQ Chair on how these policies and practices could be revised to support the implementation of this order and the achievement of its policies and goals. SEC. 12. Guidance for Federal Fleet Management. Within 180 days of the date of this order, the Department of Energy, in coordination with the General Services Ad ministration, shall issue guidance on Federal fleet management that addresses the acquisition of alter native fuel vehicles and use of alternative fuels; the use of biodiesel blends in diesel vehicles; the acquisition of electric vehicles for appropriate functions; improve ment of fleet fuel economy; the optimizing of fleets to the agency mission; petroleum reduction strategies, such as the acquisition of low greenhouse gas emitting vehicles and the reduction of vehicle miles traveled; and the installation of renewable fuel pumps at Federal fleet fueling centers. SEC. 13. Recommendations for Vendor and Contractor Emissions. Within 180 days of the date of this order, the General Services Administration, in coordination with the Department of Defense, the Environmental Protec tion Agency, and other agencies as appropriate, shall review and provide recommendations to the CEQ Chair and the Administrator of OMB’s Office of Federal Pro curement Policy regarding the feasibility of working with the Federal vendor and contractor community to provide information that will assist Federal agencies in tracking and reducing scope 3 greenhouse gas emissions related to the supply of products and services to the Government. These recommendations should consider the potential impacts on the procurement process, and the Federal vendor and contractor community includ ing small businesses and other socioeconomic procure ment programs. Recommendations should also explore the feasibility of: (a) requiring vendors and contractors to register with a voluntary registry or organization for reporting greenhouse gas emissions; (b) requiring contractors, as part of a new or revised registration under the Central Contractor Registration or other tracking system, to develop and make avail able its greenhouse gas inventory and description of ef forts to mitigate greenhouse gas emissions; (c) using Federal Government purchasing preferences or other incentives for products manufactured using processes that minimize greenhouse gas emissions; and (d) other options for encouraging sustainable prac tices and reducing greenhouse gas emissions. SEC. 14. Stormwater Guidance for Federal Facilities. Within 60 days of the date of this order, the Environ mental Protection Agency, in coordination with other Federal agencies as appropriate, shall issue guidance on the implementation of section 438 of the Energy Independence and Security Act of 2007 (42 U.S.C. 17094). SEC. 15. Regional Coordination. Within 180 days of the date of this order, the Federal Environmental Execu tive shall develop and implement a regional implemen tation plan to support the goals of this order taking into account energy and environmental priorities of particular regions of the United States. SEC. 16. Agency Roles in Support of Federal Adaptation Strategy. In addition to other roles and responsibilities of agencies with respect to environmental leadership as specified in this order, the agencies shall participate actively in the interagency Climate Change Adaptation Task Force, which is already engaged in developing the domestic and international dimensions of a U.S. strat egy for adaptation to climate change, and shall develop approaches through which the policies and practices of the agencies can be made compatible with and rein force that strategy. Within 1 year of the date of this order the CEQ Chair shall provide to the President, fol lowing consultation with the agencies and the Climate Change Adaptation Task Force, as appropriate, a progress report on agency actions in support of the na tional adaptation strategy and recommendations for any further such measures as the CEQ Chair may deem necessary. SEC. 17. Limitations. (a) This order shall apply to an agency with respect to the activities, personnel, re sources, and facilities of the agency that are located within the United States. The head of an agency may provide that this order shall apply in whole or in part with respect to the activities, personnel, resources, and facilities of the agency that are not located within the United States, if the head of the agency determines that such application is in the interest of the United States. (b) The head of an agency shall manage activities, personnel, resources, and facilities of the agency that are not located within the United States, and with re spect to which the head of the agency has not made a determination under subsection (a) of this section, in a manner consistent with the policy set forth in section 1 of this order to the extent the head of the agency de termines practicable. SEC. 18. Exemption Authority. (a) The Director of National Intelligence may exempt an intelligence activity of the United States, and relat ed personnel, resources, and facilities, from the provi sions of this order, other than this subsection and sec tion 20, to the extent the Director determines nec essary to protect intelligence sources and methods from unauthorized disclosure. (b) The head of an agency may exempt law enforce ment activities of that agency, and related personnel, resources, and facilities, from the provisions of this order, other than this subsection and section 20, to the extent the head of an agency determines necessary to protect undercover operations from unauthorized dis closure. (c)(i) The head of an agency may exempt law enforce ment, protective, emergency response, or military tac tical vehicle fleets of that agency from the provisions of this order, other than this subsection and section 20. (ii) Heads of agencies shall manage fleets to which paragraph (i) of this subsection refers in a manner consistent with the policy set forth in section 1 of this order to the extent they determine practicable. (d) The head of an agency may exempt particular agency activities and facilities from the provisions of this order, other than this subsection and section 20, where it is in the interest of national security. If the head of an agency issues an exemption under this sec tion, the agency must notify the CEQ Chair in writing within 30 days of issuance of the exemption under this Page 5240 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4331 subsection. To the maximum extent practicable, and without compromising national security, each agency shall strive to comply with the purposes, goals, and im plementation steps in this order. (e) The head of an agency may submit to the Presi dent, through the CEQ Chair, a request for an exemp tion of an agency activity, and related personnel, re sources, and facilities, from this order. SEC. 19. Definitions. As used in this order: (a) ‘‘absolute greenhouse gas emissions’’ means total greenhouse gas emissions without normalization for ac tivity levels and includes any allowable consideration of sequestration; (b) ‘‘agency’’ means an executive agency as defined in section 105 of title 5, United States Code, excluding the Government Accountability Office; (c) ‘‘alternative fuel vehicle’’ means vehicles defined by section 301 of the Energy Policy Act of 1992, as amended (42 U.S.C. 13211), and otherwise includes elec tric fueled vehicles, hybrid electric vehicles, plug-in hybrid electric vehicles, dedicated alternative fuel ve hicles, dual fueled alternative fuel vehicles, qualified fuel cell motor vehicles, advanced lean burn technology motor vehicles, self-propelled vehicles such as bicycles and any other alternative fuel vehicles that are defined by statute; (d) ‘‘construction and demolition materials and de bris’’ means materials and debris generated during con struction, renovation, demolition, or dismantling of all structures and buildings and associated infrastructure; (e) ‘‘divert’’ and ‘‘diverting’’ means redirecting mate rials that might otherwise be placed in the waste stream to recycling or recovery, excluding diversion to waste-to-energy facilities; (f) ‘‘energy intensity’’ means energy consumption per square foot of building space, including industrial or laboratory facilities; (g) ‘‘environmental’’ means environmental aspects of internal agency operations and activities, including those aspects related to energy and transportation functions; (h) ‘‘excluded vehicles and equipment’’ means any ve hicle, vessel, aircraft, or non-road equipment owned or operated by an agency of the Federal Government that is used in: (i) combat support, combat service support, tactical or relief operations, or training for such operations; (ii) Federal law enforcement (including protective service and investigation); (iii) emergency response (including fire and rescue); or (iv) spaceflight vehicles (including associated ground-support equipment); (i) ‘‘greenhouse gases’’ means carbon dioxide, meth ane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride; (j) ‘‘renewable energy’’ means energy produced by solar, wind, biomass, landfill gas, ocean (including tidal, wave, current, and thermal), geothermal, munici pal solid waste, or new hydroelectric generation capac ity achieved from increased efficiency or additions of new capacity at an existing hydroelectric project; (k) ‘‘scope 1, 2, and 3’’ mean; (i) scope 1: direct greenhouse gas emissions from sources that are owned or controlled by the Federal agency; (ii) scope 2: direct greenhouse gas emissions result ing from the generation of electricity, heat, or steam purchased by a Federal agency; and (iii) scope 3: greenhouse gas emissions from sources not owned or directly controlled by a Federal agency but related to agency activities such as vendor supply chains, delivery services, and employee travel and commuting; (l) ‘‘sustainability’’ and ‘‘sustainable’’ mean to create and maintain conditions, under which humans and na ture can exist in productive harmony, that permit ful filling the social, economic, and other requirements of present and future generations; (m) ‘‘United States’’ means the fifty States, the Dis trict of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Is lands, and the Northern Mariana Islands, and associ ated territorial waters and airspace; (n) ‘‘water consumption intensity’’ means water con sumption per square foot of building space; and (o) ‘‘zero-net-energy building’’ means a building that is designed, constructed, and operated to require a greatly reduced quantity of energy to operate, meet the balance of energy needs from sources of energy that do not produce greenhouse gases, and therefore result in no net emissions of greenhouse gases and be economi cally viable. SEC. 20. General Provisions. (a) This order shall be implemented in a manner con sistent with applicable law and subject to the availabil ity of appropriations. (b) Nothing in this order shall be construed to impair or otherwise affect the functions of the OMB Director relating to budgetary, administrative, or legislative proposals. (c) This order is intended only to improve the inter nal management of the Federal Government and is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in eq uity by any party against the United States, its depart ments, agencies, or entities, its officers, employees, or agents, or any other person. BARACK OBAMA. SUBCHAPTER I—POLICIES AND GOALS § 4331. Congressional declaration of national en vironmental policy (a) The Congress, recognizing the profound im pact of man’s activity on the interrelations of all components of the natural environment, par ticularly the profound influences of population growth, high-density urbanization, industrial expansion, resource exploitation, and new and expanding technological advances and recogniz ing further the critical importance of restoring and maintaining environmental quality to the overall welfare and development of man, de clares 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 prac ticable 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 har mony, 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 chapter, it is the continuing responsibility of the Federal Government to use all practicable means, consistent with other essential consider ations of national policy, to improve and coordi nate Federal plans, functions, programs, and re sources to the end that the Nation may— (1) fulfill the responsibilities of each genera tion as trustee of the environment for succeed ing 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 Page 5241 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4332 maintain, wherever possible, an environment which supports diversity and variety of indi vidual 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 (6) enhance the quality of renewable re sources 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 envi ronment. (Pub. L. 91–190, title I, § 101, Jan. 1, 1970, 83 Stat. 852.) COMMISSION ON POPULATION GROWTH AND THE AMERICAN FUTURE Pub. L. 91–213, §§ 1–9, Mar. 16, 1970, 84 Stat. 67–69, es tablished the Commission on Population Growth and the American Future to conduct and sponsor such stud ies and research and make such recommendations as might be necessary to provide information and edu cation to all levels of government in the United States, and to our people regarding a broad range of problems associated with population growth and their implica tions for America’s future; prescribed the composition of the Commission; provided for the appointment of its members, and the designation of a Chairman and Vice Chairman; required a majority of the members of the Commission to constitute a quorum, but allowed a less er number to conduct hearings; prescribed the com pensation of members of the Commission; required the Commission to conduct an inquiry into certain pre scribed aspects of population growth in the United States and its foreseeable social consequences; provided for the appointment of an Executive Director and other personnel and prescribed their compensation; author ized the Commission to enter into contracts with pub lic agencies, private firms, institutions, and individuals for the conduct of research and surveys, the prepara tion of reports, and other activities necessary to the discharge of its duties, and to request from any Federal department or agency any information and assistance it deems necessary to carry out its functions; required the General Services Administration to provide admin istrative services for the Commission on a reimburs able basis; required the Commission to submit an in terim report to the President and the Congress one year after it was established and to submit its final re port two years after Mar. 16, 1970; terminated the Com mission sixty days after the date of the submission of its final report; and authorized to be appropriated, out of any money in the Treasury not otherwise appro priated, such amounts as might be necessary to carry out the provisions of Pub. L. 91–213. EXECUTIVE ORDER NO. 11507 Ex. Ord. No. 11507, eff. Feb. 4, 1970, 35 F.R. 2573, which related to prevention, control, and abatement of air and water pollution at federal facilities was superseded by Ex. Ord. No. 11752, eff. Dec. 17, 1973, 38 F.R. 34793, for merly set out below. EXECUTIVE ORDER NO. 11752 Ex. Ord. No. 11752, Dec. 17, 1973, 38 F.R. 34793, which related to the prevention, control, and abatement of environmental pollution at Federal facilities, was re voked by Ex. Ord. No. 12088, Oct. 13, 1978, 43 F.R. 47707, set out as a note under section 4321 of this title. § 4332. Cooperation of agencies; reports; avail ability of information; recommendations; international and national coordination of efforts The Congress authorizes and directs that, to the fullest extent possible: (1) the policies, regu lations, and public laws of the United States shall be interpreted and administered in accord ance with the policies set forth in this chapter, and (2) all agencies of the Federal Government shall— (A) utilize a systematic, interdisciplinary approach which will insure the integrated use of the natural and social sciences and the en vironmental design arts in planning and in de cisionmaking which may have an impact on man’s environment; (B) identify and develop methods and proce dures, in consultation with the Council on En vironmental Quality established by sub chapter II of this chapter, which will insure that presently unquantified environmental amenities and values may be given appro priate consideration in decisionmaking along with economic and technical considerations; (C) include in every recommendation or re port on proposals for legislation and other major Federal actions significantly affecting the quality of the human environment, a de tailed statement by the responsible official on— (i) the environmental impact of the pro posed 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 com mitments of resources which would be in volved 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 agen cy which has jurisdiction by law or special ex pertise with respect to any environmental im pact 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 environ mental standards, shall be made available to the President, the Council on Environmental Quality and to the public as provided by sec tion 552 of title 5, and shall accompany the proposal through the existing agency review processes; (D) Any detailed statement required under subparagraph (C) after January 1, 1970, for any major Federal action funded under a program of grants to States shall not be deemed to be legally insufficient solely by reason of having been prepared by a State agency or official, if: (i) the State agency or official has state wide jurisdiction and has the responsibility for such action, (ii) the responsible Federal official fur nishes guidance and participates in such preparation, Page 5242 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4333 1 So in original. The period probably should be a semicolon. (iii) the responsible Federal official inde pendently evaluates such statement prior to its approval and adoption, and (iv) after January 1, 1976, the responsible Federal official provides early notification to, and solicits the views of, any other State or any Federal land management entity of any action or any alternative thereto which may have significant impacts upon such State or affected Federal land management entity and, if there is any disagreement on such impacts, prepares a written assessment of such impacts and views for incorporation into such detailed statement. The procedures in this subparagraph shall not relieve the Federal official of his responsibil ities for the scope, objectivity, and content of the entire statement or of any other respon sibility under this chapter; and further, this subparagraph does not affect the legal suffi ciency of statements prepared by State agen cies with less than statewide jurisdiction.1 (E) study, develop, and describe appropriate alternatives to recommended courses of action in any proposal which involves unresolved conflicts concerning alternative uses of avail able resources; (F) 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 ini tiatives, resolutions, and programs designed to maximize international cooperation in antici pating and preventing a decline in the quality of mankind’s world environment; (G) make available to States, counties, mu nicipalities, institutions, and individuals, ad vice and information useful in restoring, maintaining, and enhancing the quality of the environment; (H) initiate and utilize ecological informa tion in the planning and development of re source-oriented projects; and (I) assist the Council on Environmental Quality established by subchapter II of this chapter. (Pub. L. 91–190, title I, § 102, Jan. 1, 1970, 83 Stat. 853; Pub. L. 94–83, Aug. 9, 1975, 89 Stat. 424.) AMENDMENTS 1975—Subpars. (D) to (I). Pub. L. 94–83 added subpar. (D) and redesignated former subpars. (D) to (H) as (E) to (I), respectively. CERTAIN COMMERCIAL SPACE LAUNCH ACTIVITIES Pub. L. 104–88, title IV, § 401, Dec. 29, 1995, 109 Stat. 955, provided that: ‘‘The licensing of a launch vehicle or launch site operator (including any amendment, exten sion, or renewal of the license) under [former] chapter 701 of title 49, United States Code [now chapter 509 (§ 50901 et seq.) of Title 51, National and Commercial Space Programs], shall not be considered a major Fed eral action for purposes of section 102(C) of the Na tional Environmental Policy Act of 1969 (42 U.S.C. 4332(C)) if— ‘‘(1) the Department of the Army has issued a per mit for the activity; and ‘‘(2) the Army Corps of Engineers has found that the activity has no significant impact.’’ EX. ORD. NO. 13352. FACILITATION OF COOPERATIVE CONSERVATION Ex. Ord. No. 13352, Aug. 26, 2004, 69 F.R. 52989, pro vided: By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: SECTION 1. Purpose. The purpose of this order is to en sure that the Departments of the Interior, Agriculture, Commerce, and Defense and the Environmental Protec tion Agency implement laws relating to the environ ment and natural resources in a manner that promotes cooperative conservation, with an emphasis on appro priate inclusion of local participation in Federal deci sionmaking, in accordance with their respective agency missions, policies, and regulations. SEC. 2. Definition. As used in this order, the term ‘‘co operative conservation’’ means actions that relate to use, enhancement, and enjoyment of natural resources, protection of the environment, or both, and that in volve collaborative activity among Federal, State, local, and tribal governments, private for-profit and nonprofit institutions, other nongovernmental entities and individuals. SEC. 3. Federal Activities. To carry out the purpose of this order, the Secretaries of the Interior, Agriculture, Commerce, and Defense and the Administrator of the Environmental Protection Agency shall, to the extent permitted by law and subject to the availability of ap propriations and in coordination with each other as ap propriate: (a) carry out the programs, projects, and activities of the agency that they respectively head that implement laws relating to the environment and natural resources in a manner that: (i) facilitates cooperative conservation; (ii) takes appropriate account of and respects the interests of persons with ownership or other legally recognized interests in land and other natural re sources; (iii) properly accommodates local participation in Federal decisionmaking; and (iv) provides that the programs, projects, and ac tivities are consistent with protecting public health and safety; (b) report annually to the Chairman of the Council on Environmental Quality on actions taken to implement this order; and (c) provide funding to the Office of Environmental Quality Management Fund (42 U.S.C. 4375) for the Con ference for which section 4 of this order provides. SEC. 4. White House Conference on Cooperative Con servation. The Chairman of the Council on Environ mental Quality shall, to the extent permitted by law and subject to the availability of appropriations: (a) convene not later than 1 year after the date of this order, and thereafter at such times as the Chair man deems appropriate, a White House Conference on Cooperative Conservation (Conference) to facilitate the exchange of information and advice relating to (i) coop erative conservation and (ii) means for achievement of the purpose of this order; and (b) ensure that the Conference obtains information in a manner that seeks from Conference participants their individual advice and does not involve collective judg ment or consensus advice or deliberation. SEC. 5. General Provision. This order is not intended to, and does not, create any right or benefit, sub stantive or procedural, enforceable at law or in equity by any party against the United States, its depart ments, agencies, instrumentalities or entities, its offi cers, employees or agents, or any other person. GEORGE W. BUSH. § 4333. Conformity of administrative procedures to national environmental policy All agencies of the Federal Government shall review their present statutory authority, admin Page 5243 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4344 1 See References in Text note below. istrative regulations, and current policies and procedures for the purpose of determining whether there are any deficiencies or inconsist encies therein which prohibit full compliance with the purposes and provisions of this chapter 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 con formity with the intent, purposes, and proce dures set forth in this chapter. (Pub. L. 91–190, title I, § 103, Jan. 1, 1970, 83 Stat. 854.) § 4334. Other statutory obligations of agencies Nothing in section 4332 or 4333 of this title shall in any way affect the specific statutory ob ligations 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 recom mendations or certification of any other Federal or State agency. (Pub. L. 91–190, title I, § 104, Jan. 1, 1970, 83 Stat. 854.) § 4335. Efforts supplemental to existing author izations The policies and goals set forth in this chapter are supplementary to those set forth in existing authorizations of Federal agencies. (Pub. L. 91–190, title I, § 105, Jan. 1, 1970, 83 Stat. 854.) SUBCHAPTER II—COUNCIL ON ENVIRONMENTAL QUALITY § 4341. Omitted CODIFICATION Section, Pub. L. 91–190, title II, § 201, Jan. 1, 1970, 83 Stat. 854, which required the President to transmit to Congress annually an Environmental Quality Report, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, item 1 on page 41 of House Document No. 103–7. § 4342. Establishment; membership; Chairman; appointments There is created in the Executive Office of the President a Council on Environmental Quality (hereinafter referred to as the ‘‘Council’’). The Council shall be composed of three members who shall 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 Chair man. Each member shall be a person who, as a result of his training, experience, and attain ments, is exceptionally well qualified to analyze and interpret environmental trends and infor mation of all kinds; to appraise programs and activities of the Federal Government in the light of the policy set forth in subchapter I of this chapter; 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. (Pub. L. 91–190, title II, § 202, Jan. 1, 1970, 83 Stat. 854.) COUNCIL ON ENVIRONMENTAL QUALITY; REDUCTION OF MEMBERS Provisions stating that notwithstanding this section, the Council was to consist of one member, appointed by the President, by and with the advice and consent of the Senate, serving as chairman and exercising all pow ers, functions, and duties of the Council, were con tained in the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2006, Pub. L. 109–54, title III, Aug. 2, 2005, 119 Stat. 543, and were re peated in provisions of subsequent appropriations acts which are not set out in the Code. Similar provisions were also contained in the following prior appropria tions acts: Pub. L. 108–447, div. I, title III, Dec. 8, 2004, 118 Stat. 3332. Pub. L. 108–199, div. G, title III, Jan. 23, 2004, 118 Stat. 408. Pub. L. 108–7, div. K, title III, Feb. 20, 2003, 117 Stat. 514. Pub. L. 107–73, title III, Nov. 26, 2001, 115 Stat. 686. Pub. L. 106–377, § 1(a)(1) [title III], Oct. 27, 2000, 114 Stat. 1441, 1441A–45. Pub. L. 106–74, title III, Oct. 20, 1999, 113 Stat. 1084. Pub. L. 105–276, title III, Oct. 21, 1998, 112 Stat. 2500. Pub. L. 105–65, title III, Oct. 27, 1997, 111 Stat. 1375. § 4343. Employment of personnel, experts and consultants (a) The Council may employ such officers and employees as may be necessary to carry out its functions under this chapter. In addition, the Council may employ and fix the compensation of such experts and consultants as may be nec essary for the carrying out of its functions under this chapter, in accordance with section 3109 of title 5 (but without regard to the last sentence thereof). (b) Notwithstanding section 1342 of title 31, the Council may accept and employ voluntary and uncompensated services in furtherance of the purposes of the Council. (Pub. L. 91–190, title II, § 203, Jan. 1, 1970, 83 Stat. 855; Pub. L. 94–52, § 2, July 3, 1975, 89 Stat. 258.) REFERENCES IN TEXT The last sentence of section 3109 of title 5, referred to in subsec. (a), probably means the last sentence of sec tion 3109(b) of title 5, which was the last sentence of that section when the reference was enacted. Since then, section 3109 of title 5 has been amended to add subsecs. (c) to (e) at the end. CODIFICATION In subsec. (b), ‘‘section 1342 of title 31’’ substituted for ‘‘section 3679(b) of the Revised Statutes (31 U.S.C. 665(b))’’ on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. AMENDMENTS 1975—Pub. L. 94–52 designated existing provisions as subsec. (a) and added subsec. (b). § 4344. Duties and functions It shall be the duty and function of the Coun cil— (1) to assist and advise the President in the preparation of the Environmental Quality Re port required by section 4341 1 of this title; Page 5244 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4345 1 So in original. Probably should be ‘‘of’’. (2) to gather timely and authoritative infor mation 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 inter fering, or are likely to interfere, with the achievement of the policy set forth in sub chapter I of this chapter, and to compile and submit to the President studies relating to such conditions and trends; (3) to review and appraise the various pro grams and activities of the Federal Govern ment in the light of the policy set forth in sub chapter I of this chapter for the purpose of de termining the extent to which such programs and activities are contributing to the achieve ment of such policy, and to make recom mendations to the President with respect thereto; (4) to develop and recommend to the Presi dent 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; (5) to conduct investigations, studies, sur veys, research, and analyses relating to eco logical 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 in terpretation of their underlying causes; (7) to report at least once each year to the President on the state and condition of the en vironment; and (8) to make and furnish such studies, reports thereon, and recommendations with respect to matters of policy and legislation as the Presi dent may request. (Pub. L. 91–190, title II, § 204, Jan. 1, 1970, 83 Stat. 855.) REFERENCES IN TEXT Section 4341 of this title, referred to in par. (1), was omitted from the Code. TRANSFER OF FUNCTIONS So much of functions of Council on Environmental Quality under par. (5) of this section as pertains to eco logical systems transferred to Administrator of Envi ronmental Protection Agency by Reorg. Plan No. 3 of 1970, § 2(a)(5), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. 2086, set out under section 4321 of this title. § 4345. Consultation with Citizens’ Advisory Com mittee on Environmental Quality and other representatives In exercising its powers, functions, and duties under this chapter, the Council shall— (1) consult with the Citizens’ Advisory Com mittee on Environmental Quality established by Executive Order numbered 11472, dated May 29, 1969, and with such representatives of science, industry, agriculture, labor, conserva tion organizations, State and local govern ments 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 Coun cil’s activities will not unnecessarily overlap or conflict with similar activities authorized by law and performed by established agencies. (Pub. L. 91–190, title II, § 205, Jan. 1, 1970, 83 Stat. 855.) REFERENCES IN TEXT Executive Order numbered 11472, dated May 29, 1969, referred to in par. (1), is set out as a note under section 4321 of this title. CITIZENS’ ADVISORY COMMITTEE ON ENVIRONMENTAL QUALITY For provisions relating to termination of Citizens’ Advisory Committee on Environmental Quality, see Ex. Ord. No. 12007, Aug. 22, 1977, 42 F.R. 42839, set out as a note under section 14 of the Federal Advisory Com mittee Act in the Appendix to Title 5, Government Or ganization and Employees. § 4346. Tenure and compensation of members Members of the Council shall serve full time and the Chairman of the Council shall be com pensated at the rate provided for Level II of the Executive Schedule Pay Rates (5 U.S.C. 5313). The other members of the Council shall be com pensated at the rate provided for Level IV or 1 the Executive Schedule Pay Rates (5 U.S.C. 5315). (Pub. L. 91–190, title II, § 206, Jan. 1, 1970, 83 Stat. 856.) § 4346a. Travel reimbursement by private organi zations and Federal, State, and local govern ments The Council may accept reimbursements from any private nonprofit organization or from any department, agency, or instrumentality of the Federal Government, any State, or local govern ment, for the reasonable travel expenses in curred by an officer or employee of the Council in connection with his attendance at any con ference, seminar, or similar meeting conducted for the benefit of the Council. (Pub. L. 91–190, title II, § 207, as added Pub. L. 94–52, § 3, July 3, 1975, 89 Stat. 258.) § 4346b. Expenditures in support of international activities The Council may make expenditures in sup port of its international activities, including ex penditures for: (1) international travel; (2) ac tivities in implementation of international agreements; and (3) the support of international exchange programs in the United States and in foreign countries. (Pub. L. 91–190, title II, § 208, as added Pub. L. 94–52, § 3, July 3, 1975, 89 Stat. 258.) § 4347. Authorization of appropriations There are authorized to be appropriated to carry out the provisions of this chapter not to exceed $300,000 for fiscal year 1970, $700,000 for Page 5245 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4362 1 See References in Text note below. fiscal year 1971, and $1,000,000 for each fiscal year thereafter. (Pub. L. 91–190, title II, § 209, formerly § 207, Jan. 1, 1970, 83 Stat. 856, renumbered § 209, Pub. L. 94–52, § 3, July 3, 1975, 89 Stat. 258.) SUBCHAPTER III—MISCELLANEOUS PROVISIONS §§ 4361, 4361a. Repealed. Pub. L. 104–66, title II, § 2021(k)(1), (2), Dec. 21, 1995, 109 Stat. 728 Section 4361, Pub. L. 94–475, § 5, Oct. 11, 1976, 90 Stat. 2071, related to 5-year plan for research, development, and demonstration. Section 4361a, Pub. L. 95–155, § 4, Nov. 8, 1977, 91 Stat. 1258, related to budget projections in annual revisions of the plan for research, development, and demonstra tion. § 4361b. Implementation by Administrator of En vironmental Protection Agency of recom mendations of ‘‘CHESS’’ Investigative Report; waiver; inclusion of status of implementation requirements in annual revisions of plan for research, development, and demonstration The Administrator of the Environmental Pro tection Agency shall implement the recom mendations of the report prepared for the House Committee on Science and Technology entitled ‘‘The Environmental Protection Agency Re search Program with primary emphasis on the Community Health and Environmental Surveil lance System (CHESS): An Investigative Re port’’, unless for any specific recommendation he determines (1) that such recommendation has been implemented, (2) that implementation of such recommendation would not enhance the quality of the research, or (3) that implementa tion of such recommendation will require fund ing which is not available. Where such funding is not available, the Administrator shall request the required authorization or appropriation for such implementation. The Administrator shall report the status of such implementation in each annual revision of the five-year plan trans mitted to the Congress under section 4361 1 of this title. (Pub. L. 95–155, § 10, Nov. 8, 1977, 91 Stat. 1262.) REFERENCES IN TEXT Section 4361 of this title, referred to in text, was re pealed by Pub. L. 104–66, title II, § 2021(k)(1), Dec. 21, 1995, 109 Stat. 728. CODIFICATION Section was enacted as part of the Environmental Re search, Development, and Demonstration Authoriza tion Act of 1978, and not as part of the National Envi ronmental Policy Act of 1969 which comprises this chapter. § 4361c. Staff management (a) Appointments for educational programs (1) The Administrator is authorized to select and appoint up to 75 full-time permanent staff members in the Office of Research and Develop ment to pursue full-time educational programs for the purpose of (A) securing an advanced de gree or (B) securing academic training, for the purpose of making a career change in order to better carry out the Agency’s research mission. (2) The Administrator shall select and appoint staff members for these assignments according to rules and criteria promulgated by him. The Agency may continue to pay the salary and ben efits of the appointees as well as reasonable and appropriate relocation expenses and tuition. (3) The term of each appointment shall be for up to one year, with a single renewal of up to one year in appropriate cases at the discretion of the Administrator. (4) Staff members appointed to this program shall not count against any Agency personnel ceiling during the term of their appointment. (b) Post-doctoral research fellows (1) The Administrator is authorized to appoint up to 25 Post-doctoral Research Fellows in ac cordance with the provisions of section 213.3102(aa) of title 5 of the Code of Federal Reg ulations. (2) Persons holding these appointments shall not count against any personnel ceiling of the Agency. (c) Non-Government research associates (1) The Administrator is authorized and en couraged to utilize research associates from out side the Federal Government in conducting the research, development, and demonstration pro grams of the Agency. (2) These persons shall be selected and shall serve according to rules and criteria promul gated by the Administrator. (d) Women and minority groups For all programs in this section, the Adminis trator shall place special emphasis on providing opportunities for education and training of women and minority groups. (Pub. L. 95–477, § 6, Oct. 18, 1978, 92 Stat. 1510.) CODIFICATION Section was enacted as part of the Environmental Re search, Development, and Demonstration Authoriza tion Act of 1979, and not as part of the National Envi ronmental Policy Act of 1969 which comprises this chapter. CONTRACTS BY OFFICE OF RESEARCH AND DEVELOPMENT OF THE ENVIRONMENTAL PROTECTION AGENCY Pub. L. 108–7, div. K, title III, Feb. 20, 2003, 117 Stat. 509, provided in part: ‘‘That the Office of Research and Development of the Environmental Protection Agency may hereafter contract directly with individuals or in directly with institutions or nonprofit organizations, without regard to 41 U.S.C. 5 [see 41 U.S.C. 6101], for the temporary or intermittent personal services of stu dents or recent graduates, who shall be considered em ployees for the purposes of chapters 57 and 81 of title 5, United States Code, relating to compensation for travel and work injuries, and chapter 171 of title 28, United States Code, relating to tort claims, but shall not be considered to be Federal employees for any other pur poses.’’ § 4362. Interagency cooperation on prevention of environmental cancer and heart and lung disease (a) Not later than three months after August 7, 1977, there shall be established a Task Force Page 5246 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4362a on Environmental Cancer and Heart and Lung Disease (hereinafter referred to as the ‘‘Task Force’’). The Task Force shall include represent atives of the Environmental Protection Agency, the National Cancer Institute, the National Heart, Lung, and Blood Institute, the National Institute of Occupational Safety and Health, and the National Institute on Environmental Health Sciences, and shall be chaired by the Ad ministrator (or his delegate). (b) The Task Force shall— (1) recommend a comprehensive research program to determine and quantify the rela tionship between environmental pollution and human cancer and heart and lung disease; (2) recommend comprehensive strategies to reduce or eliminate the risks of cancer or such other diseases associated with environmental pollution; (3) recommend research and such other measures as may be appropriate to prevent or reduce the incidence of environmentally relat ed cancer and heart and lung diseases; (4) coordinate research by, and stimulate co operation between, the Environmental Protec tion Agency, the Department of Health and Human Services, and such other agencies as may be appropriate to prevent environ mentally related cancer and heart and lung diseases; and (5) report to Congress, not later than one year after August 7, 1977, and annually there after, on the problems and progress in carry ing out this section. (Pub. L. 95–95, title IV, § 402, Aug. 7, 1977, 91 Stat. 791; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.) CODIFICATION Section was enacted as part of the Clean Air Act Amendments of 1977, and not as part of the National Environmental Policy Act of 1969 which comprises this chapter. CHANGE OF NAME ‘‘Department of Health and Human Services’’ sub stituted for ‘‘Department of Health, Education, and Welfare’’ in subsec. (b)(4) pursuant to section 507(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education. EFFECTIVE DATE Section effective Aug. 7, 1977, except as otherwise ex pressly provided, see section 406(d) of Pub. L. 95–95, set out as an Effective Date of 1977 Amendment note under section 7401 of this title. TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in subsec. (b)(5) of this section relating to annual re port to Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and item 18 on page 164 of House Document No. 103–7. § 4362a. Membership of Task Force on Environ mental Cancer and Heart and Lung Disease The Director of the National Center for Health Statistics and the head of the Center for Disease Control (or the successor to such entity) shall each serve as members of the Task Force on En vironmental Cancer and Heart and Lung Disease established under section 4362 of this title. (Pub. L. 95–623, § 9, Nov. 9, 1978, 92 Stat. 3455.) CODIFICATION Section was enacted as part of the Health Services Research, Health Statistics, and Health Care Tech nology Act of 1978, and not as part of the National En vironmental Policy Act of 1969 which comprises this chapter. CHANGE OF NAME Centers for Disease Control changed to Centers for Disease Control and Prevention by Pub. L. 102–531, title III, § 312, Oct. 27, 1992, 106 Stat. 3504. § 4363. Continuing and long-term environmental research and development The Administrator of the Environmental Pro tection Agency shall establish a separately iden tified program of continuing, long-term environ mental research and development for each activ ity listed in section 2(a) of this Act. Unless otherwise specified by law, at least 15 per cen tum of funds appropriated to the Administrator for environmental research and development for each activity listed in section 2(a) of this Act shall be obligated and expended for such long term environmental research and development under this section. (Pub. L. 96–569, § 2(f), Dec. 22, 1980, 94 Stat. 3337.) REFERENCES IN TEXT Section 2(a) of this Act, referred to in text, is section 2(a) of Pub. L. 96–569, Dec. 22, 1980, 94 Stat. 3335, which is not classified to the Code. CODIFICATION Section was enacted as part of the Environmental Re search, Development, and Demonstration Authoriza tion Act of 1981, and not as part of the National Envi ronmental Policy Act of 1969 which comprises this chapter. PRIOR PROVISIONS Provisions similar to those in this section were con tained in the following prior authorization acts: 1980—Pub. L. 96–229, § 2(e), Apr. 7, 1980, 94 Stat. 327. 1977—Pub. L. 95–155, § 6, Nov. 8, 1977, 91 Stat. 1259. § 4363a. Pollution control technologies dem onstrations (1) The Administrator shall continue to be re sponsible for conducting and shall continue to conduct full-scale demonstrations of energy-re lated pollution control technologies as nec essary in his judgment to fulfill the provisions of the Clean Air Act as amended [42 U.S.C. 7401 et seq.], the Federal Water Pollution Control Act as amended [33 U.S.C. 1251 et seq.], and other pertinent pollution control statutes. (2) Energy-related environmental protection projects authorized to be administered by the Environmental Protection Agency under this Act shall not be transferred administratively to the Department of Energy or reduced through budget amendment. No action shall be taken through administrative or budgetary means to diminish the ability of the Environmental Pro tection Agency to initiate such projects. (Pub. L. 96–229, § 2(d), Apr. 7, 1980, 94 Stat. 327.) REFERENCES IN TEXT The Clean Air Act as amended, referred to in par. (1), is act July 14, 1955, ch. 360, 69 Stat. 322, as amended, Page 5247 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4365 which is classified generally to chapter 85 (§ 7401 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of this title and Tables. The Federal Water Pollution Control Act as amended, referred to in par. (1), is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to chapter 26 (§ 1251 et seq.) of Title 33, Navigation and Navigable Wa ters. For complete classification of this Act to the Code, see Short Title note set out under section 1251 of Title 33 and Tables. This Act, referred to in par. (2), is Pub. L. 96–229, Apr. 7, 1980, 94 Stat. 325, known as the Environmental, Re search, Development, and Demonstration Authoriza tion Act of 1980, which enacted sections 4363, 4363a, 4369a, and 4370 of this title. For complete classification of this Act to the Code, see Tables. CODIFICATION Section was enacted as part of the Environmental Re search, Development, and Demonstration Authoriza tion Act of 1980, and not as part of the National Envi ronmental Policy Act of 1969 which comprises this chapter. PRIOR PROVISIONS Provisions similar to those in this section were con tained in the following prior authorization act: 1979—Pub. L. 95–477, § 2(d), Oct. 18, 1978, 92 Stat. 1508. § 4364. Expenditure of funds for research and de velopment related to regulatory program ac tivities (a) Coordination, etc., with research needs and priorities of program offices and Environ mental Protection Agency The Administrator of the Environmental Pro tection Agency shall assure that the expendi ture of any funds appropriated pursuant to this Act or any other provision of law for environ mental research and development related to reg ulatory program activities shall be coordinated with and reflect the research needs and prior ities of the program offices, as well as the over all research needs and priorities of the Agency, including those defined in the five-year research plan. (b) Program offices subject to coverage For purposes of subsection (a) of this section, the appropriate program offices are— (1) the Office of Air and Waste Management, for air quality activities; (2) the Office of Water and Hazardous Mate rials, for water quality activities and water supply activities; (3) the Office of Pesticides, for environ mental effects of pesticides; (4) the Office of Solid Waste, for solid waste activities; (5) the Office of Toxic Substances, for toxic substance activities; (6) the Office of Radiation Programs, for ra diation activities; and (7) the Office of Noise Abatement and Con trol, for noise activities. (c) Report to Congress; contents The Administrator shall submit to the Presi dent and the Congress a report concerning the most appropriate means of assuring, on a con tinuing basis, that the research efforts of the Agency reflect the needs and priorities of the regulatory program offices, while maintaining a high level of scientific quality. Such report shall be submitted on or before March 31, 1978. (Pub. L. 95–155, § 7, Nov. 8, 1977, 91 Stat. 1259.) REFERENCES IN TEXT This Act, referred to in subsec. (a), is Pub. L. 95–155, Nov. 8, 1977, 91 Stat. 1257, as amended, known as the En vironmental Research, Development, and Demonstra tion Authorization Act of 1978, which to the extent classified to the Code enacted sections 300j–3a, 4361a, 4361b, and 4363 to 4367 of this title. For complete classi fication of this Act to the Code, see Tables. CODIFICATION Section was enacted as part of the Environmental Re search, Development, and Demonstration Authoriza tion Act of 1978, and not as part of the National Envi ronmental Policy Act of 1969 which comprises this chapter. § 4365. Science Advisory Board (a) Establishment; requests for advice by Admin istrator of Environmental Protection Agency and Congressional committees The Administrator of the Environmental Pro tection Agency shall establish a Science Advi sory Board which shall provide such scientific advice as may be requested by the Adminis trator, the Committee on Environment and Pub lic Works of the United States Senate, or the Committee on Science, Space, and Technology, on Energy and Commerce, or on Public Works and Transportation of the House of Representa tives. (b) Membership; Chairman; meetings; qualifica tions of members Such Board shall be composed of at least nine members, one of whom shall be designated Chairman, and shall meet at such times and places as may be designated by the Chairman of the Board in consultation with the Adminis trator. Each member of the Board shall be quali fied by education, training, and experience to evaluate scientific and technical information on matters referred to the Board under this section. (c) Proposed environmental criteria document, standard, limitation, or regulation; functions respecting in conjunction with Administrator (1) The Administrator, at the time any pro posed criteria document, standard, limitation, or regulation under the Clean Air Act [42 U.S.C. 7401 et seq.], the Federal Water Pollution Con trol Act [33 U.S.C. 1251 et seq.], the Resource Conservation and Recovery Act of 1976 [42 U.S.C. 6901 et seq.], the Noise Control Act [42 U.S.C. 4901 et seq.], the Toxic Substances Control Act [15 U.S.C. 2601 et seq.], or the Safe Drinking Water Act [42 U.S.C. 300f et seq.], or under any other authority of the Administrator, is pro vided to any other Federal agency for formal re view and comment, shall make available to the Board such proposed criteria document, stand ard, limitation, or regulation, together with rel evant scientific and technical information in the possession of the Environmental Protection Agency on which the proposed action is based. (2) The Board may make available to the Ad ministrator, within the time specified by the Administrator, its advice and comments on the Page 5248 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4365 adequacy of the scientific and technical basis of the proposed criteria document, standard, limi tation, or regulation, together with any perti nent information in the Board’s possession. (d) Utilization of technical and scientific capa bilities of Federal agencies and national en vironmental laboratories for determining adequacy of scientific and technical basis of proposed criteria document, etc. In preparing such advice and comments, the Board shall avail itself of the technical and sci entific capabilities of any Federal agency, in cluding the Environmental Protection Agency and any national environmental laboratories. (e) Member committees and investigative panels; establishment; chairmenship The Board is authorized to constitute such member committees and investigative panels as the Administrator and the Board find necessary to carry out this section. Each such member committee or investigative panel shall be chaired by a member of the Board. (f) Appointment and compensation of secretary and other personnel; compensation of mem bers (1) Upon the recommendation of the Board, the Administrator shall appoint a secretary, and such other employees as deemed necessary to exercise and fulfill the Board’s powers and re sponsibilities. The compensation of all employ ees appointed under this paragraph shall be fixed in accordance with chapter 51 and sub chapter III of chapter 53 of title 5. (2) Members of the Board may be compensated at a rate to be fixed by the President but not in excess of the maximum rate of pay for grade GS–18, as provided in the General Schedule under section 5332 of title 5. (g) Consultation and coordination with Scientific Advisory Panel In carrying out the functions assigned by this section, the Board shall consult and coordinate its activities with the Scientific Advisory Panel established by the Administrator pursuant to section 136w(d) of title 7. (Pub. L. 95–155, § 8, Nov. 8, 1977, 91 Stat. 1260; Pub. L. 96–569, § 3, Dec. 22, 1980, 94 Stat. 3337; Pub. L. 103–437, § 15(o), Nov. 2, 1994, 108 Stat. 4593; Pub. L. 104–66, title II, § 2021(k)(3), Dec. 21, 1995, 109 Stat. 728.) REFERENCES IN TEXT The Clean Air Act, referred to in subsec. (c)(1), is act July 14, 1955, ch. 360, 69 Stat. 322, as amended, which is classified generally to chapter 85 (§ 7401 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of this title and Tables. The Federal Water Pollution Control Act, referred to in subsec. (c)(1), is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to chapter 26 (§ 1251 et seq.) of Title 33, Navigation and Navigable Waters. For com plete classification of this Act to the Code, see Short Title note set out under section 1251 of Title 33 and Tables. The Resource Conservation and Recovery Act of 1976, referred to in subsec. (c)(1), is Pub. L. 94–580, Oct. 21, 1976, 90 Stat. 2796, as amended, which is classified gen erally to chapter 82 (§ 6901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title of 1976 Amendment note set out under sec tion 6901 of this title and Tables. The Noise Control Act, referred to in subsec. (c)(1), probably means the Noise Control Act of 1972, Pub. L. 92–574, Oct. 27, 1972, 86 Stat. 1234, as amended, which is classified principally to chapter 65 (§ 4901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 4901 of this title and Tables. The Toxic Substances Control Act, referred to in sub sec. (c)(1), is Pub. L. 94–469, Oct. 11, 1976, 90 Stat. 2003, as amended, which is classified generally to chapter 53 (§ 2601 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 2601 of Title 15 and Tables. The Safe Drinking Water Act, referred to in subsec. (c)(1), is title XIV of act July 1, 1944, as added Dec. 16, 1974, Pub. L. 93–523, § 2(a), 88 Stat. 1660, as amended, which is classified generally to subchapter XII (§ 300f et seq.) of chapter 6A of this title. For complete classifica tion of this Act to the Code, see Short Title note set out under section 201 of this title and Tables. CODIFICATION Section was enacted as part of the Environmental Re search, Development, and Demonstration Authoriza tion Act of 1978, and not as part of the National Envi ronmental Policy Act of 1969 which comprises this chapter. AMENDMENTS 1995—Subsecs. (c) to (i). Pub. L. 104–66 redesignated subsecs. (e) to (i) as (c) to (g), respectively, and struck out former subsec. (c) which read as follows: ‘‘In addi tion to providing scientific advice when requested by the Administrator under subsection (a) of this section, the Board shall review and comment on the Adminis tration’s five-year plan for environmental research, de velopment, and demonstration provided for by section 4361 of this title and on each annual revision thereof. Such review and comment shall be transmitted to the Congress by the Administrator, together with his com ments thereon, at the time of the transmission to the Congress of the annual revision involved.’’ 1994—Subsec. (a). Pub. L. 103–437, § 15(o)(1), sub stituted ‘‘Committee on Science, Space, and Tech nology, on Energy and Commerce, or on’’ for ‘‘Commit tees on Science and Technology, Interstate and Foreign Commerce, or’’. Subsec. (d). Pub. L. 103–437, § 15(o)(2), struck out sub sec. (d) which related to review and report to Adminis trator, President, and Congress on health effects re search. 1980—Subsec. (a). Pub. L. 96–569 inserted provisions relating to requests by the enumerated Congressional committees. CHANGE OF NAME Committee on Science, Space, and Technology of House of Representatives treated as referring to Com mittee on Science of House of Representatives by sec tion 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Science of House of Representatives changed to Com mittee on Science and Technology of House of Rep resentatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2. Committee on Commerce of House of Rep resentatives changed to Committee on Energy and Commerce of House of Representatives, and jurisdic tion over matters relating to securities and exchanges and insurance generally transferred to Committee on Financial Services of House of Representatives by Page 5249 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4366a 1 See References in Text note below. House Resolution No. 5, One Hundred Seventh Con gress, Jan. 3, 2001. Committee on Public Works and Transportation of House of Representatives treated as referring to Com mittee on Transportation and Infrastructure of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2. TERMINATION OF ADVISORY BOARDS Advisory boards established after Jan. 5, 1973, to ter minate not later than the expiration of the 2-year pe riod beginning on the date of their establishment, un less, in the case of a board established by the President or an officer of the Federal Government, such board is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a board estab lished by the Congress, its duration is otherwise pro vided for by law. See sections 3(2) and 14 of Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Ap pendix to Title 5, Government Organization and Em ployees. REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organi zation and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5. § 4366. Identification and coordination of re search, development, and demonstration ac tivities (a) Consultation and cooperation of Adminis trator of Environmental Protection Agency with heads of Federal agencies; inclusion of activities in annual revisions of plan for re search, etc. The Administrator of the Environmental Pro tection Agency, in consultation and cooperation with the heads of other Federal agencies, shall take such actions on a continuing basis as may be necessary or appropriate— (1) to identify environmental research, de velopment, and demonstration activities, within and outside the Federal Government, which may need to be more effectively coordi nated in order to minimize unnecessary dupli cation of programs, projects, and research fa cilities; (2) to determine the steps which might be taken under existing law, by him and by the heads of such other agencies, to accomplish or promote such coordination, and to provide for or encourage the taking of such steps; and (3) to determine the additional legislative actions which would be needed to assure such coordination to the maximum extent possible. The Administrator shall include in each annual revision of the five-year plan provided for by section 4361 1 of this title a full and complete re port on the actions taken and determinations made during the preceding year under this sub section, and may submit interim reports on such actions and determinations at such other times as he deems appropriate. (b) Coordination of programs by Administrator The Administrator of the Environmental Pro tection Agency shall coordinate environmental research, development, and demonstration pro grams of such Agency with the heads of other Federal agencies in order to minimize unneces sary duplication of programs, projects, and re search facilities. (c) Joint study by Council on Environmental Quality in consultation with Office of Science and Technology Policy for coordina tion of activities; report to President and Congress; report by President to Congress on implementation of joint study and report (1) In order to promote the coordination of en vironmental research and development activi ties, and to assure that the action taken and methods used (under subsection (a) of this sec tion and otherwise) to bring about such coordi nation will be as effective as possible for that purpose, the Council on Environmental Quality in consultation with the Office of Science and Technology Policy shall promptly undertake and carry out a joint study of all aspects of the coordination of environmental research and de velopment. The Chairman of the Council shall prepare a report on the results of such study, to gether with such recommendations (including legislative recommendations) as he deems ap propriate, and shall submit such report to the President and the Congress not later than May 31, 1978. (2) Not later than September 30, 1978, the President shall report to the Congress on steps he has taken to implement the recommenda tions included in the report under paragraph (1), including any recommendations he may have for legislation. (Pub. L. 95–155, § 9, Nov. 8, 1977, 91 Stat. 1261.) REFERENCES IN TEXT Section 4361 of this title, referred to in subsec. (a), was repealed by Pub. L. 104–66, title II, § 2021(k)(1), Dec. 21, 1995, 109 Stat. 728. CODIFICATION Section was enacted as part of the Environmental Re search, Development, and Demonstration Authoriza tion Act of 1978, and not as part of the National Envi ronmental Policy Act of 1969 which comprises this chapter. COORDINATION OF ENVIRONMENTAL RESEARCH, DEVELOP MENT, AND DEMONSTRATION EFFORTS; STUDY AND RE PORT Pub. L. 95–477, § 3(c), Oct. 18, 1978, 92 Stat. 1509, au thorized to be appropriated to the Environmental Pro tection Agency for the fiscal year 1979, $1,000,000, and for the fiscal year 1980, $1,000,000, for a study and re port, under a contract let by the Administrator, to be conducted outside the Federal Government, on coordi nation of the Federal Government’s efforts in environ mental research, development, and demonstration, and the application of the results of such efforts to environ mental problems, with the report on the study submit ted to the President, the Administrator, and the Con gress within two years after Oct. 18, 1978, accompanied by recommendations for action by the President, the Administrator, other agencies, or the Congress, as may be appropriate. § 4366a. Omitted CODIFICATION Section, Pub. L. 101–617, § 4, Nov. 16, 1990, 104 Stat. 3287, which related to development of data base of envi Page 5250 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4367 ronmental research articles indexed by geographic lo cation, expired 10 years after Nov. 16, 1990, pursuant to section 6 of Pub. L. 101–617, formerly set out as a Ter mination Date note under this section. TERMINATION DATE Pub. L. 101–617, § 6, Nov. 16, 1990, 104 Stat. 3287, pro vided that Pub. L. 101–617, which enacted this section and provisions formerly set out under this section, was to expire 10 years after Nov. 16, 1990. SHORT TITLE; FINDINGS; PURPOSE; AUTHORIZATION Pub. L. 101–617, §§ 1–3, 5, Nov. 16, 1990, 104 Stat. 3287, which provided that Pub. L. 101–617, which enacted this section and provisions formerly set out under this sec tion, could be cited as the ‘‘Environmental Research Geographic Location Information Act’’, and further provided for findings, purpose to develop data base of environmental research articles indexed by geographic location, and authorization of appropriations, expired 10 years after Nov. 16, 1990, pursuant to section 6 of Pub. L. 101–617, formerly set out as a note under this section. § 4367. Reporting requirements of financial inter ests of officers and employees of Environ mental Protection Agency (a) Covered officers and employees Each officer or employee of the Environmental Protection Agency who— (1) performs any function or duty under this Act; and (2) has any known financial interest in any person who applies for or receives grants, con tracts, or other forms of financial assistance under this Act, shall, beginning on February 1, 1978, annually file with the Administrator a written statement concerning all such interests held by such offi cer or employee during the preceding calendar year. Such statement shall be available to the public. (b) Implementation of requirements by Adminis trator The Administrator shall— (1) act within ninety days after November 8, 1977— (A) to define the term ‘‘known financial interest’’ for purposes of subsection (a) of this section; and (B) to establish the methods by which the requirement to file written statements spec ified in subsection (a) of this section will be monitored and enforced, including appro priate provision for the filing by such offi cers and employees of such statements and the review by the Administrator of such statements; and (2) Omitted. (c) Exemption of positions by Administrator In the rules prescribed under subsection (b) of this section, the Administrator may identify specific positions of a nonpolicymaking nature within the Administration and provide that offi cers or employees occupying such positions shall be exempt from the requirements of this section. (d) Violations; penalties Any officer or employee who is subject to, and knowingly violates, this section, shall be fined not more than $2,500 or imprisoned not more than one year, or both. (Pub. L. 95–155, § 12, Nov. 8, 1977, 91 Stat. 1263.) REFERENCES IN TEXT This Act, referred to in subsec. (a)(1), (2), is Pub. L. 95–155, Nov. 8, 1977, 91 Stat. 1257, as amended, known as the Environmental Research, Development, and Dem onstration Authorization Act of 1978, which to the ex tent classified to the Code enacted sections 300j–3a, 4361a, 4361b, and 4363 to 4367 of this title. For complete classification of this Act to the Code, see Tables. CODIFICATION Subsec. (b)(2) of this section, which required the Ad ministrator to report to Congress on June 1 of each cal endar year with respect to such disclosures and the ac tions taken in regard thereto during the preceding cal endar year, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Fi nance. See, also, item 9 on page 164 of House Document No. 103–7. Section was enacted as part of the Environmental Re search, Development, and Demonstration Authoriza tion Act of 1978, and not as part of the National Envi ronmental Policy Act of 1969 which comprises this chapter. § 4368. Grants to qualified citizens groups (1) There is authorized to be appropriated to the Environmental Protection Agency, for grants to qualified citizens groups in States and regions, $3,000,000. (2) Grants under this section may be made for the purpose of supporting and encouraging par ticipation by qualified citizens groups in deter mining how scientific, technological, and social trends and changes affect the future environ ment and quality of life of an area, and for set ting goals and identifying measures for improve ment. (3) The term ‘‘qualified citizens group’’ shall mean a nonprofit organization of citizens having an area based focus, which is not single-issue oriented and which can demonstrate a prior record of interest and involvement in goal-set ting and research concerned with improving the quality of life, including plans to identify, pro tect and enhance significant natural and cul tural resources and the environment. (4) A citizens group shall be eligible for assist ance only if certified by the Governor in con sultation with the State legislature as a bona fide organization entitled to receive Federal as sistance to pursue the aims of this program. The group shall further demonstrate its capacity to employ usefully the funds for the purposes of this program and its broad-based representative nature. (5) After an initial application for assistance under this section has been approved, the Ad ministrator may make grants on an annual basis, on condition that the Governor recertify the group and that the applicant submits to the Administrator annually— (A) an evaluation of the progress made dur ing the previous year in meeting the objec tives for which the grant was made; (B) a description of any changes in the objec tives of the activities; and (C) a description of the proposed activities for the succeeding one year period. (6) A grant made under this program shall not exceed 75 per centum of the estimated cost of Page 5251 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4368b the project or program for which the grant is made, and no group shall receive more than $50,000 in any one year. (7) No financial assistance provided under this section shall be used to support lobbying or liti gation by any recipient group. (Pub. L. 95–477, § 3(d), Oct. 18, 1978, 92 Stat. 1509.) REFERENCES IN TEXT This section, referred to in par. (5), means section 3 of Pub. L. 95–477, in its entirety, subsec. (d) of which en acted this section, subsecs. (a) and (b) of which were not classified to the Code, and subsec. (c) of which is set out as a note under section 4366 of this title. CODIFICATION Section was enacted as part of the Environmental Re search, Development, and Demonstration Authoriza tion Act of 1979, and not as part of the National Envi ronmental Policy Act of 1969 which comprises this chapter. § 4368a. Utilization of talents of older Americans in projects of pollution prevention, abate ment, and control (a) Technical assistance to environmental agen cies Notwithstanding any other provision of law relating to Federal grants and cooperative agreements, the Administrator of the Environ mental Protection Agency is authorized to make grants to, or enter into cooperative agree ments with, private nonprofit organizations des ignated by the Secretary of Labor under title V of the Older Americans Act of 1965 [42 U.S.C. 3056 et seq.] to utilize the talents of older Americans in programs authorized by other provisions of law administered by the Administrator (and consistent with such provisions of law) in pro viding technical assistance to Federal, State, and local environmental agencies for projects of pollution prevention, abatement, and control. Funding for such grants or agreements may be made available from such programs or through title V of the Older Americans Act of 1965 and subtitle D of title I of the Workforce Investment Act of 1998 [29 U.S.C. 2911 et seq.]. (b) Pre-award certifications Prior to awarding any grant or agreement under subsection (a) of this section, the applica ble Federal, State, or local environmental agen cy shall certify to the Administrator that such grants or agreements will not— (1) result in the displacement of individuals currently employed by the environmental agency concerned (including partial displace ment through reduction of nonovertime hours, wages, or employment benefits); (2) result in the employment of any individ ual when any other person is in a layoff status from the same or substantially equivalent job within the jurisdiction of the environmental agency concerned; or (3) affect existing contracts for services. (c) Prior appropriation Acts Grants or agreements awarded under this sec tion shall be subject to prior appropriation Acts. (Pub. L. 98–313, § 2, June 12, 1984, 98 Stat. 235; Pub. L. 105–277, div. A, § 101(f) [title VIII, § 405(d)(35), (f)(27)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–426, 2681–434.) REFERENCES IN TEXT The Older Americans Act of 1965, referred to in sub sec. (a), is Pub. L. 89–73, July 14, 1965, 79 Stat. 218, as amended. Title V of the Act, known as the ‘‘Older American Community Service Employment Act’’, is classified generally to subchapter IX (§ 3056 et seq.) of chapter 35 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3001 of this title and Tables. The Workforce Investment Act of 1998, referred to in subsec. (a), is Pub. L. 105–220, Aug. 7, 1998, 112 Stat. 936, as amended. Subtitle D of title I of the Act is classified generally to subchapter IV (§ 2911 et seq.) of chapter 30 of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under sec tion 9201 of Title 20, Education, and Tables. CODIFICATION Section was enacted as part of the Environmental Programs Assistance Act of 1984, and not as part of the National Environmental Policy Act of 1969 which com prises this chapter. AMENDMENTS 1998—Subsec. (a). Pub. L. 105–277, § 101(f) [title VIII, § 405(f)(27)], struck out ‘‘title IV of the Job Training Partnership Act or’’ after ‘‘title V of the Older Ameri cans Act of 1965 and’’ in last sentence. Pub. L. 105–277, § 101(f) [title VIII, § 405(d)(35)], sub stituted ‘‘and title IV of the Job Training Partnership Act or subtitle D of title I of the Workforce Investment Act of 1998’’ for ‘‘and title IV of the Job Training Part nership Act’’ in second sentence. EFFECTIVE DATE OF 1998 AMENDMENT Amendment by section 101(f) [title VIII, § 405(d)(35)] of Pub. L. 105–277 effective Oct. 21, 1998, and amendment by section 101(f) [title VIII, § 405(f)(27)] of Pub. L. 105–277 effective July 1, 2000, see section 101(f) [title VIII, § 405(g)(1), (2)(B)] of Pub. L. 105–277, set out as a note under section 3502 of Title 5, Government Organization and Employees. SHORT TITLE Section 1 of Pub. L. 98–313 provided that: ‘‘This Act [enacting this section] may be cited as the ‘Environ mental Programs Assistance Act of 1984’.’’ § 4368b. General assistance program (a) Short title This section may be cited as the ‘‘Indian Envi ronmental General Assistance Program Act of 1992’’. (b) Purposes The purposes of this section are to— (1) provide general assistance grants to In dian tribal governments and intertribal con sortia to build capacity to administer environ mental regulatory programs that may be dele gated by the Environmental Protection Agen cy on Indian lands; and (2) provide technical assistance from the En vironmental Protection Agency to Indian trib al governments and intertribal consortia in the development of multimedia programs to address environmental issues on Indian lands. (c) Definitions For purposes of this section: (1) The term ‘‘Indian tribal government’’ means any Indian tribe, band, nation, or other Page 5252 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4368b organized group or community, including any Alaska Native village or regional or village corporation (as defined in, or established pur suant to, the Alaska Native Claims Settle ment Act (43 U.S.C.A. 1601, et seq.)), which is recognized as eligible for the special services provided by the United States to Indians be cause of their status as Indians. (2) The term ‘‘intertribal consortia’’ or ‘‘intertribal consortium’’ means a partnership between two or more Indian tribal govern ments authorized by the governing bodies of those tribes to apply for and receive assistance pursuant to this section. (3) The term ‘‘Administrator’’ means the Ad ministrator of the Environmental Protection Agency. (d) General assistance program (1) The Administrator of the Environmental Protection Agency shall establish an Indian En vironmental General Assistance Program that provides grants to eligible Indian tribal govern ments or intertribal consortia to cover the costs of planning, developing, and establishing envi ronmental protection programs consistent with other applicable provisions of law providing for enforcement of such laws by Indian tribes on In dian lands. (2) Each grant awarded for general assistance under this subsection for a fiscal year shall be no less than $75,000, and no single grant may be awarded to an Indian tribal government or intertribal consortium for more than 10 percent of the funds appropriated under subsection (h) of this section. (3) The term of any general assistance award made under this subsection may exceed one year. Any awards made pursuant to this section shall remain available until expended. An Indian tribal government or intertribal consortium may receive a general assistance grant for a pe riod of up to four years in each specific media area. (e) No reduction in amounts In no case shall the award of a general assist ance grant to an Indian tribal government or intertribal consortium under this section result in a reduction of Environmental Protection Agency grants for environmental programs to that tribal government or consortium. Nothing in this section shall preclude an Indian tribal government or intertribal consortium from re ceiving individual media grants or cooperative agreements. Funds provided by the Environ mental Protection Agency through the general assistance program shall be used by an Indian tribal government or intertribal consortium to supplement other funds provided by the Envi ronmental Protection Agency through individ ual media grants or cooperative agreements. (f) Expenditure of general assistance Any general assistance under this section shall be expended for the purpose of planning, developing, and establishing the capability to implement programs administered by the Envi ronmental Protection Agency and specified in the assistance agreement. Purposes and pro grams authorized under this section shall in clude the development and implementation of solid and hazardous waste programs for Indian lands. An Indian tribal government or inter tribal consortium receiving general assistance pursuant to this section shall utilize such funds for programs and purposes to be carried out in accordance with the terms of the assistance agreement. Such programs and general assist ance shall be carried out in accordance with the purposes and requirements of applicable provi sions of law, including the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.). (g) Procedures (1) Within 12 months following October 24, 1992, the Administrator shall promulgate regula tions establishing procedures under which an In dian tribal government or intertribal consor tium may apply for general assistance grants under this section. (2) The Administrator shall publish regula tions issued pursuant to this section in the Fed eral Register. (3) The Administrator shall establish proce dures for accounting, auditing, evaluating, and reviewing any programs or activities funded in whole or in part for a general assistance grant under this section. (h) Authorization There are authorized to be appropriated to carry out the provisions of this section, such sums as may be necessary for each of the fiscal years 1993, 1994, 1995, 1996, 1997, and 1998. (i) Report to Congress The Administrator shall transmit an annual report to the appropriate Committees of the Congress with jurisdiction over the applicable environmental laws and Indian tribes describing which Indian tribes or intertribal consortia have been granted approval by the Administrator pursuant to law to enforce certain environ mental laws and the effectiveness of any such enforcement. (Pub. L. 95–134, title V, § 502, as added Pub. L. 102–497, § 11, Oct. 24, 1992, 106 Stat. 3258; amended Pub. L. 103–155, Nov. 24, 1993, 107 Stat. 1523; Pub. L. 104–233, § 1, Oct. 2, 1996, 110 Stat. 3057.) REFERENCES IN TEXT The Alaska Native Claims Settlement Act, referred to in subsec. (c)(1), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, as amended, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables. The Solid Waste Disposal Act, referred to in subsec. (f), is title II of Pub. L. 89–272, Oct. 20, 1965, 79 Stat. 997, as amended generally by Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2795, which is classified generally to chapter 82 (§ 6901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 6901 of this title and Tables. CODIFICATION Section was enacted as the Indian Environmental General Assistance Program Act of 1992 and as part of the Omnibus Territories Act of 1977, and not as part of the National Environmental Policy Act of 1969 which comprises this chapter. AMENDMENTS 1996—Subsec. (h). Pub. L. 104–233 substituted ‘‘such sums as may be necessary’’ for ‘‘$15,000,000’’. Page 5253 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4370 1 See References in Text note below. 1993—Subsec. (d)(1). Pub. L. 103–155, § 3(a), inserted ‘‘consistent with other applicable provisions of law pro viding for enforcement of such laws by Indian tribes’’ after ‘‘programs’’. Subsec. (f). Pub. L. 103–155, § 3(b), inserted at end ‘‘Such programs and general assistance shall be carried out in accordance with the purposes and requirements of applicable provisions of law, including the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).’’ Subsec. (h). Pub. L. 103–155, § 1, substituted ‘‘, 1994, 1995, 1996, 1997, and 1998’’ for ‘‘and 1994’’. Subsec. (i). Pub. L. 103–155, § 2, added subsec. (i). § 4369. Miscellaneous reports (a) Availability to Congressional committees All reports to or by the Administrator rel evant to the Agency’s program of research, de velopment, and demonstration shall promptly be made available to the Committee on Science, Space, and Technology of the House of Rep resentatives and the Committee on Environ ment and Public Works of the Senate, unless otherwise prohibited by law. (b) Transmittal of jurisdictional information The Administrator shall keep the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Envi ronment and Public Works of the Senate fully and currently informed with respect to matters falling within or related to the jurisdiction of the committees. (c) Comment by Government agencies and the public The reports provided for in section 5910 1 of this title shall be made available to the public for comment, and to the heads of affected agen cies for comment and, in the case of recom mendations for action, for response. (d) Transmittal of research information to the Department of Energy For the purpose of assisting the Department of Energy in planning and assigning priorities in research development and demonstration activi ties related to environmental control tech nologies, the Administrator shall actively make available to the Department all information on research activities and results of research pro grams of the Environmental Protection Agency. (Pub. L. 95–477, § 5, Oct. 18, 1978, 92 Stat. 1510; Pub. L. 103–437, § 15(c)(6), Nov. 2, 1994, 108 Stat. 4592.) REFERENCES IN TEXT Section 5910 of this title, referred to in subsec. (c), was repealed by Pub. L. 104–66, title II, § 2021(i), Dec. 21, 1995, 109 Stat. 727. CODIFICATION Section was enacted as part of the Environmental Re search, Development, and Demonstration Authoriza tion Act of 1979, and not as part of the National Envi ronmental Policy Act of 1969 which comprises this chapter. AMENDMENTS 1994—Subsecs. (a), (b). Pub. L. 103–437 substituted ‘‘Science, Space, and Technology’’ for ‘‘Science and Technology’’. CHANGE OF NAME Committee on Science, Space, and Technology of House of Representatives treated as referring to Com mittee on Science of House of Representatives by sec tion 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Science of House of Representatives changed to Com mittee on Science and Technology of House of Rep resentatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. § 4369a. Reports on environmental research and development activities of Agency (a) Reports to keep Congressional committees fully and currently informed The Administrator shall keep the appropriate committees of the House and the Senate fully and currently informed about all aspects of the environmental research and development activi ties of the Environmental Protection Agency. (b) Omitted (Pub. L. 96–229, § 4, Apr. 7, 1980, 94 Stat. 328.) CODIFICATION Subsec. (b) of this section, which required the Admin istrator to annually make available to the appropriate committees of Congress sufficient copies of a report fully describing funds requested and the environmental research and development activities to be carried out with these funds, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, item 24 on page 163 of House Document No. 103–7. Section was enacted as part of the Environmental Re search, Development, and Demonstration Authoriza tion Act of 1980, and not as part of the National Envi ronmental Policy Act of 1969 which comprises this chapter. § 4370. Reimbursement for use of facilities (a) Authority to allow outside groups or individ uals to use research and test facilities; reim bursement The Administrator is authorized to allow ap propriate use of special Environmental Protec tion Agency research and test facilities by out side groups or individuals and to receive reim bursement or fees for costs incurred thereby when he finds this to be in the public interest. Such reimbursement or fees are to be used by the Agency to defray the costs of use by outside groups or individuals. (b) Rules and regulations The Administrator may promulgate regula tions to cover such use of Agency facilities in accordance with generally accepted accounting, safety, and laboratory practices. (c) Waiver of reimbursement by Administrator When he finds it is in the public interest the Administrator may waive reimbursement or fees for outside use of Agency facilities by nonprofit private or public entities. (Pub. L. 96–229, § 5, Apr. 7, 1980, 94 Stat. 328.) CODIFICATION Section was enacted as part of the Environmental Re search, Development, and Demonstration Authoriza tion Act of 1980, and not as part of the National Envi ronmental Policy Act of 1969 which comprises this chapter. Page 5254 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4370a 1 So in original. Probably should be ‘‘to’’. 2 See References in Text note below. § 4370a. Assistant Administrators of Environ mental Protection Agency; appointment; du ties (a) The President, by and with the advice and consent of the Senate, may appoint three Assist ant Administrators of the Environmental Pro tection Agency in addition to— (1) the five Assistant Administrators pro vided for in section 1(d) of Reorganization Plan Numbered 3 of 1970 (5 U.S.C. Appendix); (2) the Assistant Administrator provided by section 2625(g) of title 15; and (3) the Assistant Administrator provided by section 6911a of this title. (b) Each Assistant Administrator appointed under subsection (a) of this section shall per form such duties as the Administrator of the En vironmental Protection Agency may prescribe. (Pub. L. 98–80, § 1, Aug. 23, 1983, 97 Stat. 485.) REFERENCES IN TEXT Reorganization Plan Numbered 3 of 1970, referred to in subsec. (a)(1), is set out under section 4321 of this title. CODIFICATION Section was not enacted as part of the National Envi ronmental Policy Act of 1969 which comprises this chapter. § 4370b. Availability of fees and charges to carry out Agency programs Notwithstanding any other provision of law, after September 30, 1990, amounts deposited in the Licensing and Other Services Fund from fees and charges assessed and collected by the Ad ministrator for services and activities carried out pursuant to the statutes administered by the Environmental Protection Agency shall thereafter be available to carry out the Agen cy’s activities in the programs for which the fees or charges are made. (Pub. L. 101–144, title III, Nov. 9, 1989, 103 Stat. 858.) CODIFICATION Section was enacted as part of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1990, and not as part of the National Environmental Policy Act of 1969 which comprises this chapter. § 4370c. Environmental Protection Agency fees (a) Assessment and collection The Administrator of the Environmental Pro tection Agency shall, by regulation, assess and collect fees and charges for services and activi ties carried out pursuant to laws administered by the Environmental Protection Agency. (b) Amount of fees and charges Fees and charges assessed pursuant to this section shall be in such amounts as may be nec essary to ensure that the aggregate amount of fees and charges collected pursuant to this sec tion, in excess of the amount of fees and charges collected under current law— (1) in fiscal year 1991, is not less than $28,000,000; and (2) in each of fiscal years 1992, 1993, 1994, and 1995, is not less than $38,000,000. (c) Limitation on fees and charges (1) The maximum aggregate amount of fees and charges in excess of the amounts being col lected under current law which may be assessed and collected pursuant to this section in a fiscal year— (A) for services and activities carried out pursuant ot 1 the Federal Water Pollution Con trol Act [33 U.S.C. 1251 et seq.] is $10,000,000; and (B) for services and activities in programs within the jurisdiction of the House Commit tee on Energy and Commerce and adminis tered by the Environmental Protection Agen cy through the Administrator, shall be limited to such sums collected as of November 5, 1990, pursuant to sections 2625(b) and 2665(e)(2) 2 of title 15, and such sums specifically authorized by the Clean Air Act Amendments of 1990. (2) Any remaining amounts required to be col lected under this section shall be collected from services and programs administered by the Envi ronmental Protection Agency other than those specified in subparagraphs (A) and (B) of para graph (1). (d) Rule of construction Nothing in this section increases or dimin ishes the authority of the Administrator to pro mulgate regulations pursuant to section 9701 of title 31. (e) Uses of fees Fees and charges collected pursuant to this section shall be deposited into a special account for environmental services in the Treasury of the United States. Subject to appropriation Acts, such funds shall be available to the Envi ronmental Protection Agency to carry out the activities for which such fees and charges are collected. Such funds shall remain available until expended. (Pub. L. 101–508, title VI, § 6501, Nov. 5, 1990, 104 Stat. 1388–320.) REFERENCES IN TEXT The Federal Water Pollution Control Act, referred to in subsec. (c)(1)(A), is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to chapter 26 (§ 1251 et seq.) of Title 33, Navigation and Navigable Wa ters. For complete classification of this Act to the Code, see Short Title note set out under section 1251 of Title 33 and Tables. Section 2665(e)(2) of title 15, referred to in subsec. (c)(1)(B), was redesignated section 2665(d)(2) of Title 15, Commerce and Trade, by Pub. L. 104–66, title II, § 2021(l)(2), Dec. 21, 1995, 109 Stat. 728. The Clean Air Act Amendments of 1990, referred to in subsec. (c)(1)(B), means Pub. L. 101–549, Nov. 15, 1990, 104 Stat. 2399. For complete classification of this Act to the Code, see Short Title of 1990 Amendment note set out under section 7401 of this title and Tables. CODIFICATION In subsec. (d), ‘‘section 9701 of title 31’’ was in the original ‘‘the Independent Office Appropriations Act (31 U.S.C. 9701)’’ and substitution was made as if it read for ‘‘title V of the Independent Offices Appropriation Act of 1952’’ on authority of Pub. L. 97–258, § 4(b), Sept. 13, Page 5255 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4370g 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. Section was enacted as part of the Omnibus Budget Reconciliation Act of 1990, and not as part of the Na tional Environmental Policy Act of 1969 which com prises this chapter. CHANGE OF NAME Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by section 1(a) of Pub. L. 104–14, set out as a note preceding section 21 of Title 2, The Congress. Committee on Commerce of House of Representatives changed to Committee on En ergy and Commerce of House of Representatives, and jurisdiction over matters relating to securities and ex changes and insurance generally transferred to Com mittee on Financial Services of House of Representa tives by House Resolution No. 5, One Hundred Seventh Congress, Jan. 3, 2001. § 4370d. Percentage of Federal funding for orga nizations owned by socially and economi cally disadvantaged individuals The Administrator of the Environmental Pro tection Agency shall, on and after October 6, 1992, to the fullest extent possible, ensure that at least 8 per centum of Federal funding for prime and subcontracts awarded in support of authorized programs, including grants, loans, and contracts for wastewater treatment and leaking underground storage tanks grants, be made available to business concerns or other or ganizations owned or controlled by socially and economically disadvantaged individuals (within the meaning of section 637(a)(5) and (6) of title 15), including historically black colleges and universities. For purposes of this section, eco nomically and socially disadvantaged individ uals shall be deemed to include women. (Pub. L. 102–389, title III, Oct. 6, 1992, 106 Stat. 1602.) CODIFICATION Section was enacted as part of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1993, and not as part of the National Environmental Policy Act of 1969 which comprises this chapter. § 4370e. Working capital fund in Treasury There is hereby established in the Treasury a ‘‘Working capital fund’’, to be available without fiscal year limitation for expenses and equip ment necessary for the maintenance and oper ation of such administrative services as the Ad ministrator determines may be performed more advantageously as central services: Provided, That any inventories, equipment, and other as sets pertaining to the services to be provided by such fund, either on hand or on order, less the related liabilities or unpaid obligations, and any appropriations made hereafter for the purpose of providing capital, shall be used to capitalize such fund: Provided further, That such fund shall be paid in advance or reimbursed from funds available to the Agency and other Federal agen cies for which such centralized services are per formed, at rates which will return in full all ex penses of operation, including accrued leave, de preciation of fund plant and equipment, amorti zation of automated data processing (ADP) soft ware and systems (either acquired or donated), and an amount necessary to maintain a reason able operating reserve, as determined by the Ad ministrator: Provided further, That such fund shall provide services on a competitive basis: Provided further, That an amount not to exceed four percent of the total annual income to such fund may be retained in the fund for fiscal year 1997 and each fiscal year thereafter, to remain available until expended, to be used for the ac quisition of capital equipment and for the im provement and implementation of Agency finan cial management, ADP, and other support sys tems: Provided further, That no later than thirty days after the end of each fiscal year amounts in excess of this reserve limitation shall be trans ferred to the Treasury. (Pub. L. 104–204, title III, Sept. 26, 1996, 110 Stat. 2912; Pub. L. 105–65, title III, Oct. 27, 1997, 111 Stat. 1374; Pub. L. 105–276, title III, Oct. 21, 1998, 112 Stat. 2499.) CODIFICATION Section was formerly set out as a note under section 501 of Title 31, Money and Finance. Section was enacted as part of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 1997, and not as part of the National Environmental Policy Act of 1969 which comprises this chapter. AMENDMENTS 1998—Pub. L. 105–276, which directed the insertion of ‘‘or reimbursed’’ after ‘‘that such fund shall be paid in advance’’, was executed by making the insertion after ‘‘That such fund shall be paid in advance’’, to reflect the probable intent of Congress. 1997—Pub. L. 105–65 substituted ‘‘a ‘Working capital fund’ to be available without fiscal year limitation for expenses and equipment’’ for ‘‘a franchise fund pilot to be known as the ‘Working capital fund’, as authorized by section 403 of Public Law 103–356, to be available as provided in such section for expenses and equipment’’ and struck out proviso at end which read ‘‘: Provided further, That such franchise fund pilot shall terminate pursuant to section 403(f) of Public Law 103–356’’. § 4370f. Availability of funds after expiration of period for liquidating obligations For fiscal year 2001 and thereafter, the obli gated balances of sums available in multiple year appropriations accounts shall remain avail able through the seventh fiscal year after their period of availability has expired for liquidating obligations made during the period of availabil ity. (Pub. L. 106–377, § 1(a)(1) [title III], Oct. 27, 2000, 114 Stat. 1441, 1441A–44.) CODIFICATION Section was enacted as part of the Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies Appropriations Act, 2001, and not as part of the National Environmental Policy Act of 1969 which comprises this chapter. § 4370g. Availability of funds for uniforms and certain services For fiscal year 2009 and thereafter, the Science and Technology and Environmental Programs and Management Accounts are available for uni forms, or allowances therefore, as authorized by Page 5256 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4370h sections 5901 and 5902 of title 5 and for services as authorized by section 3109 of title 5, but at rates for individuals not to exceed the daily equivalent of the rate paid for level IV of the Executive Schedule. (Pub. L. 111–8, div. E, title II, Mar. 11, 2009, 123 Stat. 728.) REFERENCES IN TEXT Level IV of the Executive Schedule, referred to in text, is set out under section 5315 of Title 5, Govern ment Organization and Employees. CODIFICATION Section was enacted as part of the Department of the Interior, Environment, and Related Agencies Appro priations Act, 2009, and also as part of the Omnibus Ap propriations Act, 2009, and not as part of the National Environmental Policy Act of 1969 which comprises this chapter. § 4370h. Availability of funds for facilities For fiscal year 2009 and thereafter, the Science and Technology, Environmental Programs and Management, Office of Inspector General, Haz ardous Substance Superfund, and Leaking Un derground Storage Tank Trust Fund Program Accounts, are available for the construction, al teration, repair, rehabilitation, and renovation of facilities provided that the cost does not ex ceed $85,000 per project. (Pub. L. 111–8, div. E, title II, Mar. 11, 2009, 123 Stat. 729.) CODIFICATION Section was enacted as part of the Department of the Interior, Environment, and Related Agencies Appro priations Act, 2009, and also as part of the Omnibus Ap propriations Act, 2009, and not as part of the National Environmental Policy Act of 1969 which comprises this chapter. CHAPTER 56—ENVIRONMENTAL QUALITY IMPROVEMENT Sec. 4371. Congressional findings, declarations, and pur poses. 4372. Office of Environmental Quality. 4373. Referral of Environmental Quality Reports to standing committees having jurisdiction. 4374. Authorization of appropriations. 4375. Office of Environmental Quality Management Fund. § 4371. Congressional findings, declarations, and purposes (a) The Congress finds— (1) that man has caused changes in the envi ronment; (2) that many of these changes may affect the relationship between man and his environ ment; and (3) that population increases and urban con centration contribute directly to pollution and the degradation of our environment. (b)(1) The Congress declares that there is a na tional policy for the environment which pro vides for the enhancement of environmental quality. This policy is evidenced by statutes heretofore enacted relating to the prevention, abatement, and control of environmental pollu tion, water and land resources, transportation, and economic and regional development. (2) The primary responsibility for implement ing this policy rests with State and local gov ernment. (3) The Federal Government encourages and supports implementation of this policy through appropriate regional organizations established under existing law. (c) The purposes of this chapter are— (1) to assure that each Federal department and agency conducting or supporting public works activities which affect the environment shall implement the policies established under existing law; and (2) to authorize an Office of Environmental Quality, which, notwithstanding any other provision of law, shall provide the professional and administrative staff for the Council on Environmental Quality established by Public Law 91–190. (Pub. L. 91–224, title II, § 202, Apr. 3, 1970, 84 Stat. 114.) REFERENCES IN TEXT Public Law 91–190, referred to in subsec. (c)(2), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, as amended, known as the National Environmental Policy Act of 1969, which is classified generally to chapter 55 (§ 4321 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of this title and Tables. SHORT TITLE Section 201 of Pub. L. 91–224 provided that: ‘‘This title [enacting this chapter] may be cited as the ‘Environ mental Quality Improvement Act of 1970’.’’ § 4372. Office of Environmental Quality (a) Establishment; Director; Deputy Director There is established in the Executive Office of the President an office to be known as the Office of Environmental Quality (hereafter in this chapter referred to as the ‘‘Office’’). The Chair man of the Council on Environmental Quality established by Public Law 91–190 shall be the Di rector of the Office. There shall be in the Office a Deputy Director who shall be appointed by the President, by and with the advice and consent of the Senate. (b) Compensation of Deputy Director The compensation of the Deputy Director shall be fixed by the President at a rate not in excess of the annual rate of compensation pay able to the Deputy Director of the Office of Man agement and Budget. (c) Employment of personnel, experts, and con sultants; compensation The Director is authorized to employ such of ficers and employees (including experts and con sultants) as may be necessary to enable the Of fice to carry out its functions under this chapter and Public Law 91–190, except that he may em ploy no more than ten specialists and other ex perts without regard to the provisions of title 5, governing appointments in the competitive serv ice, and pay such specialists and experts without regard to the provisions of chapter 51 and sub chapter III of chapter 53 of such title relating to classification and General Schedule pay rates,