National Environmental Policy Act (NEPA)

The National Environmental Policy Act (NEPA) requires federal agencies to integrate environmental values into their decision making processes by considering the environmental impacts of their proposed actions and reasonable alternatives to those actions.

 

To meet NEPA requirements federal agencies prepare a detailed statement known as an Environmental Impact Statement (EIS). EPA reviews and comments on EISs prepared by other federal agencies, maintains a national filing system for all EISs, and assures that its own actions comply with NEPA.

 

http://ceq.hss.doe.gov/nepa/nepanet.htm

 

NEPAnet

This page was last updated on June 01, 2010 CURRENT DEVELOPMENTS: 1. President Issues Proclamation for NEPA 40th 2. American Recovery and Reinvestment Act of 2009 and NEPA Section 1609(c) requires a report to Congress on the status and progress of NEPA reviews for Recovery Act funded projects and activities. The President has assigned reporting responsibility to CEQ CEQ Reports to Congress February 1, 2010 Report November 2, 2009 Report August 3, 2009 Report May 18, 2009 Report 3. CEQ NEPA Task Force CEQ Published A Citizen's Guide to the NEPA CEQ Published Collaboration in NEPA - A Handbook for NEPA Practitioners CEQ published Guide for Aligning NEPA and Environmental Management Systems Implementing the Recommendations CEQ NEPA Task Force Report: Modernizing NEPA Implementation 4. Proposed and Recently Implemented Agency NEPA Procedures in WORD or PDF format NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) NEPA Statute Statute for Clean Air Act, Section 309 Executive Orders Regulations for Implementing NEPA from CEQ Procedures for Implementing NEPA from Federal Agencies CEQ Guidance Federal Agency NEPA Web Sites Federal NEPA Contacts State Information Tribal Information CEQ NEPA PUBLICATIONS A Citizen's Guide to the NEPA - Having Your Voice Heard Collaboration in NEPA - A Handbook for NEPA Practitioners Aligning NEPA Processes with Environmental Management Systems - A Guide for NEPA and EMS Practitioners Considering Cumulative Effects Under the National Environmental Policy Act NEPA - A Study of Effectiveness After 25 Years CEQ NEPA REPORTS Cooperating Agency Status May 2005 CEQ's Annual Environmental Quality Reports Environmental Statistics ENVIRONMENTAL IMPACT STATEMENTS (EIS) Where & How to File an EIS EISs Available for Review (Notices of Availability) Number of EISs Filed 1970 to 2007 Number of EIS filed with EPA by Federal Agencies 1998: in WORD or PDF 1999: in WORD or PDF 2000: in WORD or PDF 2001: in WORD or PDF 2002: in WORD or PDF 2003: in WORD or PDF 2004: in WORD or PDF 2005: in WORD or PDF 2006: in WORD or PDF 2007: in WORD or PDF 2008: in WORD or PDF EIS Library Alternative Arrangements Formal Referrals Environmental Impact Analysis Digital NEPA Documents Environmental Impact Analysis Data Links Office of the Federal Environmental Executive ENVIRONMENTAL IMPACT ASSESSMENT PROFESSIONAL ORGANIZATIONS Environmental Impact Assessment Committee, American Bar Association National Association of Environmental Professionals International Association for Impact Assessment (IAIA) INTERNATIONAL ENVIRONMENTAL IMPACT ASSESSMENTS (EIA) International Links NEPA LITIGATION 2001 Litigation Survey 2002 Litigation Survey 2003 Litigation Survey 2004 Litigation Survey 2005 Litigation Survey 2006 Litigation Survey 2007 Litigation Survey 2008 Litigation Survey NEPA CASE LAW NAEP NEPA Case Law Review CEQ 2001 Update CEQ 2000 Update CEQ 1999 Update CEQ 1998 Update NEPA TRAINING INFORMATION Training Compendium CEQ acknowledges and appreciates the support and service provided by the Department of Energy Office of Health, Safety and Security supporting the NEPAnet web site.

 

 

The National Environmental Policy Act (NEPA) is a United States environmental law that established a U.S. national policy promoting the enhancement of the environment and also established the President's Council on Environmental Quality (CEQ).

 

NEPA's most significant effect was to set up procedural requirements for all federal government agencies to prepare Environmental Assessments (EAs) and Environmental Impact Statements (EISs). EAs and EISs contain statements of the environmental effects of proposed federal agency actions.^[1] NEPA’s procedural requirements apply to all federal agencies in the executive branch. NEPA does not apply to the President, to Congress, or to the federal courts.^[2]

 

History

NEPA came into existence following increased appreciation for the environment, and growing concerns about ecological and wildlife well-being, although still without major impacts on human health; indeed, the public outcry after the 1969 Santa Barbara oil spill was perhaps the leading catalyst. An Eisenhower-era Outdoor Recreation report, a Wilderness Act, Clean Air and Clean Water Acts, along with Rachel Carson's book Silent Spring, all reflect the growing concerns, public interest group efforts, and legislative discussion involved.^[3] The law has since been applied to any project, federal, state or local, that involves federal funding or work performed by the federal government. Although enacted on January 1, 1970, its "short title" is "National Environmental Policy Act of 1969." 

 

Contents

The preamble reads:

"To declare national policy which will encourage productive and enjoyable harmony between man and his environment; to promote efforts which will prevent or eliminate damage to the environment and biosphere and stimulate the health and welfare of man; to enrich the understanding of the ecological systems and natural resources important to the Nation..."

NEPA contains three important sections:

1. The declaration of national environmental policies and goals.
2. The establishment of action-forcing provisions for federal agencies to enforce those policies and goals.
3. The establishment of a Council on Environmental Quality (CEQ) in the Executive Office of the President.

The essential purpose of NEPA is to ensure that environmental factors are weighted equally when compared to other factors in the decision making process undertaken by federal agencies.The act establishes the national environmental policy, including a multidisciplinary approach to considering environmental effects in federal government agency decision making. The act also established the President's Council on Environmental Quality (CEQ). The CEQ was established to advise the President in the preparation of an annual environmental quality report addressing the state of federal agencies in implementing the act, on national policies nurture and promote the improvement of the environments quality and on the state of the environment.^[4] The effectiveness of NEPA originates in its requirement of federal agencies to prepare an environmental statement to accompany reports and recommendations for funding from Congress. This document is called an Environmental Impact Statement (EIS). NEPA is an action-forcing piece of legislation, meaning that the act itself does not carry any criminal or civil sanctions. All enforcement of NEPA was to be obtained through the process of the court system.

A major federal action has been expanded to include most things that a federal agency could prohibit or regulate. In practice, a project is required to meet NEPA guidelines when a federal agency provides any portion of the financing for the project. Sometimes, however, review of a project by a federal employee can be viewed as a federal action and would then, therefore, require NEPA-compliant analysis be performed.

NEPA covers a vast array of federal agency actions, but not all actions are covered necessarily covered under NEPA. The act does not apply to purely private or purely public state action. This means that there is a complete absence of government influence or funding concerning that specific action. Exemptions and exclusions are also present within NEPA's guidelines. Exemptions from NEPA include specific federal projects detailed in legislation, EPA exemptions and functional equivalent exemptions. Functional Equivalent exemptions apply where compliance with other environmental laws requires environmental analysis similar to NEPA. These other environmental laws can include but are not limited to the Clean Air Act, Resource Conservation and Recovery Act, Safe Drinking Water Act, and the Federal Insecticide, Fungicide, and Rodenticide Act. The last exclusion form NEPA is a categorical exclusion. These exclusions simply consist of categories of actions which do not individually or cumulatively have a significant effect on the human environment.

 

NEPA process

The NEPA process consists of an evaluation of all relevant environmental effects of a federal project or action undertaking, including a series of pertinent alternatives. There are three steps to undertake depending on whether or not significant findings lead to the eventual drafting of an EIS. These three steps include: determination of whether or not the proposed action is covered under NEPA; preparation of an environmental assessment or Finding of No Significant Impact (FONSI); and preparation and drafting of an Environmental Impact Statement.

Step 1

This step focuses on determining whether or not the proposed action is covered under NEPA. An action will either be found to lie under the coverage of NEPA or will be excluded via a categorical exclusion. An action may be found to be categorically excluded from undertaking a detailed environmental assessment of all potential impacts if certain criteria are met in which the federal agency has previously determined that no significant impacts were present. An action may also be found to be excluded from NEPA's coverage if certain exemptions apply such as legislative exemptions, if it is being undertaken by the EPA (which is excluded from NEPA's coverage), and/or if it is an action that requires thorough environmental impact assessment due to the requirements of other environmental laws, such as the Safe Drinking Water Act or Resource Conservation and Recovery Act.

Step 2

This second step is only undertaken if the proposed action is found to lie within the jurisdiction of NEPA. The lead agency is now required to compose a written environmental assessment (EA) to determine whether or not the federal action would possess significant impacts on the environment. If after a thorough investigation and drafting of the environmental assessment no substantial effects on the environment are found the agency may produce a Finding of No Significant Impact (FONSI). If the agency feels comfortable with its FONSI, then they may move forward with implementing their proposed action or plan. However, it is suggested that even if small questions are raised as to whether there are undoubtedly no impacts on the environment it is suggested that the agency move away from its FONSI. If the environmental assessment finds the action to present "significant" impacts to the environment, then creation of an Environmental Impact Statement is required. Pragmatically, early within the process, the agency will internally "scope" the proposed project or plan to reach a preliminary determination as to whether it feels that a FONSI will be reached. If so, the agency will proceed with the preparation of the EA. If the agency believes that the impacts resulting from the action will be "significant," generally it will proceed directly to the preparation of an EIS without first preparing an EA.

Step 3

This third and final step focuses on the preparation of an Environmental Impact Statement. The EIS is a more detailed evaluation of the environmental impacts when compared to the content of the environmental assessment. The crafting of EIS has many components including public, outside party and other federal agency input concerning the preparation of the EIS. These groups subsequently comment on the draft EIS.

In some circumstance an agency may wish to undertake the construction of an EIS without the initial drafting of the environmental assessment. This will take place under circumstances in which the agency believes that he action will undoubtedly have adverse affects on the environment or is considered an environmentally controversial issue.

After the final EIS is prepared the lead agency will prepare a public record of its decision. This record addresses how the findings of the EIS were incorporated into the agency's final decision making process.

[edit] EA (Environmental Assessment)

An EA is a screening document used to determine if an agency will need to prepare either an EIS or construct a FONSI. EAs are concise public documents that include: a brief discussion of the need for the proposal; of alternatives and a listing of agencies and person consulted.

Most agency procedures do no require public involvement prior to finalizing an EA document. Agencies advise that facilitating public comment be considered at the draft EA stage.

EAs need to be of sufficient length to ensure that the underlying decision about whether to prepare an EIS is legitimate, but should not attempt to be a substitute for an EIS

[edit] FONSI (Finding Of No Significant Impact)

A FONSI presents the reasons why an action will not have a significant effect on the human environment. It must include the EA or summary of the EA that supports the FONSI determination.

[edit] MFASAQHE (Major Federal Actions Significantly Affecting the Quality of the Human Environment)

When (significant) federal actions dealing with NEPA infringe with the human environment, the term MFASAQHE is used.

[edit] EIS (Environmental Impact Statement)

If it is determined that a proposed federal action does not fall within a designated categorical exclusion or does not qualify for a FONSI, then the responsible agency or agencies must prepare an EIS.

Purpose of an EIS is to ultimately help public officials make informed decisions that are a reflection of an understanding of environmental consequences and the alternatives available.

An EIS is required to describe:

• The environmental impacts of the proposed action

• Any adverse environmental impacts that cannot be avoided should the proposal be implemented

• The reasonable alternatives to the proposed action

• The relationship between local short-term uses of man’s environment and the maintenance and enhancement of long-term productivity

• Any irreversible and irretrievable commitments of resources that would be involved in the proposed action should it be implemented.

[edit] Council on Environmental Quality (CEQ)

The CEQ was modeled after the Council of Economic Advisers created by the employment act of 1946. Shortly after the act was signed into law, President Nixon expanded CEQ's mandate by Executive Order directing it to issue guidelines to federal agencies for the proper preparation of Environmental Impact Statements and to assemble and coordinate federal programs related to environmental quality. The Council was placed within the executive office of the President and is composed of three members. These members must be appointed by the president and subsequently confirmed by the Senate. The CEQ has some fundamental roles which include, assisting and advising the President in the preparation of the annual environmental quality report on the present progress of federal agencies in implementing the act, on national policies to nurture and promote the improvement of environmental quality and on the current state of the environment.

The CEQ has played a key part in the development of the EIS process. Its initial guidelines were issued in 1971 and required each department and agency of the government to adopt its own guidelines consistent with the guidelines established by CEQ. These set forth guidelines did not carry the status of formal agency regulations but were often held up in the court of law as such. Eventually President Jimmy Carter authorized via an Executive Order to adopt regulations rather than simple guidelines on EIS preparation. However, the CEQ has no authority to enforce its regulations.

The CEQ regulations begin by calling for agencies to integrate NEPA regulations and requirements with other various planning requirements at the earliest possible time to ensure that all decisions are reflective of environmental values, avoid potential delays in the future and eliminate potential future conflicts. NEPA's action-forcing provision, Section 102(2)(C), stipulates that an EIS shall be "included in every recommendation or report on proposals for legislation and other major Federal actions significantly affecting the quality of the human environment..."

The CEQ has taken strides within the past several years to prepare advisory documentation to explain the general structure of the environmental document, the nature of cumulative impacts and other advisories. The CEQ also maintains a web site that is useful for NEPA information and guidance at www.nepa.gov.

[edit] See also

• Environmental impact assessment
• Environmental impact report
• Environmental impact statement
• Environmental policy of the United States

[edit] References

1. ^ U.S. Council on Environmental Quality (CEQ) (December 2007). A Citizen's Guide to the NEPA: Having your Voice Heard. Washington, D.C.. pp. 2–7. http://www.nepa.gov/nepa/Citizens_Guide_Dec07.pdf. Retrieved 2008-10-11. 
2. ^ CEQ. 40 CFR Section 1508.12: Terminology: Federal agency. Code of Federal Regulations.
3. ^ NEPA, 42 U.S.C. § 4321.
4. ^ CEQ. 40 CFR Parts 1500 to 1508. Code of Federal Regulations.

• Sullivan, Thomas F.P. (2007). Environmental Law Handbook. Blue Ridge Summit, PA: Government Institutes/Scarecrow Press. ISBN 978-0865870246. 

[edit] External links

• Council on Environmental Quality - NEPAnet resource page
• U.S. Department of Energy - Office of NEPA Policy and Compliance
• U.S. Federal Highway Administration - NEPA online "Community of Practice"
• National Environmental Policy Act - Full text

[hide] v • d • e United States environmental law Supreme Court decisions Sierra Club v. Morton (1972) · United States v. SCRAP (1973) · Tennessee Valley Authority v. Hill (1978) · Vermont Yankee v. NRDC (1978) · Hughes v. Oklahoma (1979) · Lujan v. Defenders of Wildlife (1992) · United States v. Bestfoods (1998) · Friends of the Earth v. Laidlaw Environmental Services (2000) · SWANCC v. Army Corps of Engineers (2001) · Department of Transportation v. Public Citizen (2004) · Rapanos v. United States (2006) · Massachusetts v. EPA (2007) · National Assn. of Home Builders v. Defenders of Wildlife (2007) · Coeur Alaska, Inc. v. Southeast Alaska Conservation Council (2009) Major federal legislation Lacey Act (1900) · Weeks Act (1911) · Migratory Bird Treaty Act (1918) · Fish and Wildlife Coordination Act (1934) · Watershed Protection and Flood Prevention Act (1954) · Clean Air Act (1970) · National Environmental Policy Act (1970) · Clean Water Act (1972) · Federal Insecticide, Fungicide, and Rodenticide Act (1972) · Endangered Species Act (1973) · Safe Drinking Water Act (1974) · Resource Conservation and Recovery Act (1976) · Toxic Substances Control Act (1976) · Surface Mining Control and Reclamation Act (1977) · CERCLA (Superfund) (1980) · Emergency Planning and Community Right-to-Know Act (1986) Federal agencies United States Environmental Protection Agency · Agency for Toxic Substances and Disease Registry · Council on Environmental Quality · Office of Surface Mining · U.S. Fish and Wildlife Service Regulations and concepts Citizen suit · Discharge Monitoring Report · Environmental crime · Environmental impact statement · Environmental justice · National Ambient Air Quality Standards · National Priorities List · New Source Performance Standard · Not-To-Exceed (NTE) · Right to know · Total maximum daily load · Toxicity category rating

 

 

The National Environmental Policy Act of 1969, as amended

(Pub. L. 91-190, 42 U.S.C. 4321-4347, January 1, 1970, as amended by Pub. L. 94-52, July 3, 1975, Pub. L. 94-83, August 9, 1975, and Pub. L. 97-258, § 4(b), Sept. 13, 1982)

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

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

Purpose

Sec. 2 [42 USC § 4321].

The purposes of this Act are: To declare a national policy which will encourage productive and enjoyable harmony between man and his environment; to promote efforts which will prevent or eliminate damage to the environment and biosphere and stimulate the health and welfare of man; to enrich the understanding of the ecological systems and natural resources important to the Nation; and to establish a Council on Environmental Quality.

TITLE I

CONGRESSIONAL DECLARATION OF NATIONAL ENVIRONMENTAL POLICY

Sec. 101 [42 USC § 4331].

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

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

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

2. assure for all Americans safe, healthful, productive, and aesthetically and culturally pleasing surroundings;

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

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

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

6. enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources.

(c) The Congress recognizes that each person should enjoy a healthful environment and that each person has a responsibility to contribute to the preservation and enhancement of the environment.

Sec. 102 [42 USC § 4332].

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

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

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

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

(i) the environmental impact of the proposed action,

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

(iii) alternatives to the proposed action,

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

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

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

(D) 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 statewide jurisdiction and has the responsibility for such action,

(ii) the responsible Federal official furnishes guidance and participates in such preparation,

(iii) the responsible Federal official independently 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 responsibilities for the scope, objectivity, and content of the entire statement or of any other responsibility under this Act; and further, this subparagraph does not affect the legal sufficiency of statements prepared by State agencies with less than statewide jurisdiction.

(E) study, develop, and describe appropriate alternatives to recommended courses of action in any proposal which involves unresolved conflicts concerning alternative uses of available 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 initiatives, resolutions, and programs designed to maximize international cooperation in anticipating and preventing a decline in the quality of mankind's world environment;

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

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

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

Sec. 103 [42 USC § 4333].

All agencies of the Federal Government shall review their present statutory authority, administrative regulations, and current policies and procedures for the purpose of determining whether there are any deficiencies or inconsistencies therein which prohibit full compliance with the purposes and provisions of this Act and shall propose to the President not later than July 1, 1971, such measures as may be necessary to bring their authority and policies into conformity with the intent, purposes, and procedures set forth in this Act.

Sec. 104 [42 USC § 4334].

Nothing in section 102 [42 USC § 4332] or 103 [42 USC § 4333] shall in any way affect the specific statutory obligations of any Federal agency (1) to comply with criteria or standards of environmental quality, (2) to coordinate or consult with any other Federal or State agency, or (3) to act, or refrain from acting contingent upon the recommendations or certification of any other Federal or State agency.

Sec. 105 [42 USC § 4335].

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

TITLE II

COUNCIL on ENVIRONMENTAL QUALITY

Sec. 201 [42 USC § 4341].

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

Sec. 202 [42 USC § 4342].

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 Chairman. Each member shall be a person who, as a result of his training, experience, and attainments, is exceptionally well qualified to analyze and interpret environmental trends and information of all kinds; to appraise programs and activities of the Federal Government in the light of the policy set forth in title I of this Act; to be conscious of and responsive to the scientific, economic, social, aesthetic, 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.

Sec. 203 [42 USC § 4343].

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

(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.

Sec. 204 [42 USC § 4344].

It shall be the duty and function of the Council --

1. to assist and advise the President in the preparation of the Environmental Quality Report required by section 201 [42 USC § 4341] of this title;

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

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

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

5. to conduct investigations, studies, surveys, research, and analyses relating to ecological systems and environmental quality;

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

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

8. to make and furnish such studies, reports thereon, and recommendations with respect to matters of policy and legislation as the President may request.

Sec. 205 [42 USC § 4345].

In exercising its powers, functions, and duties under this Act, the Council shall --

1. consult with the Citizens' Advisory Committee on Environmental Quality established by Executive Order No. 11472, dated May 29, 1969, and with such representatives of science, industry, agriculture, labor, conservation organizations, State and local governments and other groups, as it deems advisable; and

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

Sec. 206 [42 USC § 4346].

Members of the Council shall serve full time and the Chairman of the Council shall be compensated at the rate provided for Level II of the Executive Schedule Pay Rates [5 USC § 5313]. The other members of the Council shall be compensated at the rate provided for Level IV of the Executive Schedule Pay Rates [5 USC § 5315].

Sec. 207 [42 USC § 4346a].

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 government, for the reasonable travel expenses incurred by an officer or employee of the Council in connection with his attendance at any conference, seminar, or similar meeting conducted for the benefit of the Council.

Sec. 208 [42 USC § 4346b].

The Council may make expenditures in support of its international activities, including expenditures for: (1) international travel; (2) activities in implementation of international agreements; and (3) the support of international exchange programs in the United States and in foreign countries.

Sec. 209 [42 USC § 4347].

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 fiscal year 1971, and $1,000,000 for each fiscal year thereafter.

The Environmental Quality Improvement Act, as amended (Pub. L. No. 91- 224, Title II, April 3, 1970; Pub. L. No. 97-258, September 13, 1982; and Pub. L. No. 98-581, October 30, 1984.

42 USC § 4372.

(a) 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 Chairman of the Council on Environmental Quality established by Public Law 91-190 shall be the Director 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) The compensation of the Deputy Director shall be fixed by the President at a rate not in excess of the annual rate of compensation payable to the Deputy Director of the Office of Management and Budget.

(c) The Director is authorized to employ such officers and employees (including experts and consultants) as may be necessary to enable the Office to carry out its functions ;under this chapter and Public Law 91-190, except that he may employ no more than ten specialists and other experts without regard to the provisions of Title 5, governing appointments in the competitive service, and pay such specialists and experts without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, but no such specialist or expert shall be paid at a rate in excess of the maximum rate for GS-18 of the General Schedule under section 5332 of Title 5.

(d) In carrying out his functions the Director shall assist and advise the President on policies and programs of the Federal Government affecting environmental quality by --

1. providing the professional and administrative staff and support for the Council on Environmental Quality established by Public Law 91- 190;

2. assisting the Federal agencies and departments in appraising the effectiveness of existing and proposed facilities, programs, policies, and activities of the Federal Government, and those specific major projects designated by the President which do not require individual project authorization by Congress, which affect environmental quality;

3. reviewing the adequacy of existing systems for monitoring and predicting environmental changes in order to achieve effective coverage and efficient use of research facilities and other resources;

4. promoting the advancement of scientific knowledge of the effects of actions and technology on the environment and encouraging the development of the means to prevent or reduce adverse effects that endanger the health and well-being of man;

5. assisting in coordinating among the Federal departments and agencies those programs and activities which affect, protect, and improve environmental quality;

6. assisting the Federal departments and agencies in the development and interrelationship of environmental quality criteria and standards established throughout the Federal Government;

7. collecting, collating, analyzing, and interpreting data and information on environmental quality, ecological research, and evaluation.

(e) The Director is authorized to contract with public or private agencies, institutions, and organizations and with individuals without regard to section 3324(a) and (b) of Title 31 and section 5 of Title 41 in carrying out his functions.

42 USC § 4373. Each Environmental Quality Report required by Public Law 91-190 shall, upon transmittal to Congress, be referred to each standing committee having jurisdiction over any part of the subject matter of the Report.

42 USC § 4374. There are hereby authorized to be appropriated for the operations of the Office of Environmental Quality and the Council on Environmental Quality not to exceed the following sums for the following fiscal years which sums are in addition to those contained in Public Law 91- 190:

(a) $2,126,000 for the fiscal year ending September 30, 1979.

(b) $3,000,000 for the fiscal years ending September 30, 1980, and September 30, 1981.

(c) $44,000 for the fiscal years ending September 30, 1982, 1983, and 1984.

(d) $480,000 for each of the fiscal years ending September 30, 1985 and 1986.

42 USC § 4375.

(a) There is established an Office of Environmental Quality Management Fund (hereinafter referred to as the "Fund") to receive advance payments from other agencies or accounts that may be used solely to finance --

1. study contracts that are jointly sponsored by the Office and one or more other Federal agencies; and

2. Federal interagency environmental projects (including task forces) in which the Office participates.

(b) Any study contract or project that is to be financed under subsection (a) of this section may be initiated only with the approval of the Director.

(c) The Director shall promulgate regulations setting forth policies and procedures for operation of the Fund.