42 Usc 4321

Page 5389

TITLE 42—THE PUBLIC HEALTH AND WELFARE

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
4321.

4332.

4332a.
4333.
4334.
4335.

Congressional declaration of national environmental policy.
Cooperation of agencies; reports; availability
of information; recommendations; international and national coordination of efforts.
Repealed.
Conformity of administrative procedures to
national environmental policy.
Other statutory obligations of agencies.
Efforts supplemental to existing authorizations.

SUBCHAPTER II—COUNCIL ON ENVIRONMENTAL
QUALITY
4341.
4342.
4343.
4344.
4345.

4346.
4346a.

4346b.
4347.

4365.
4366.
4366a.
4367.

4368.
4368a.

4368b.
4369.
4369a.
4370.
4370a.
4370b.

Congressional declaration of purpose.
SUBCHAPTER I—POLICIES AND GOALS

4331.

Sec.

4370c.
4370d.

Sec.

Omitted.
Establishment; membership; Chairman; appointments.
Employment of personnel, experts and consultants.
Duties and functions.
Consultation with Citizens’ Advisory Committee on Environmental Quality and other
representatives.
Tenure and compensation of members.
Travel reimbursement by private organizations and Federal, State, and local governments.
Expenditures in support of international activities.
Authorization of appropriations.

SUBCHAPTER III—MISCELLANEOUS PROVISIONS
4361, 4361a. Repealed.
4361b.
Implementation by Administrator of Environmental Protection Agency of recommendations of ‘‘CHESS’’ Investigative Report; waiver; inclusion of status of implementation requirements in annual revisions
of plan for research, development, and demonstration.
4361c.
Staff management.
4362.
Interagency cooperation on prevention of environmental cancer and heart and lung disease.
4362a.
Membership of Task Force on Environmental
Cancer and Heart and Lung Disease.
4363.
Continuing and long-term environmental research and development.
4363a.
Pollution control technologies demonstrations.
4364.
Expenditure of funds for research and development related to regulatory program activities.

§ 4321

4370e.
4370f.
4370g.
4370h.

Science Advisory Board.
Identification and coordination of research,
development, and demonstration activities.
Omitted.
Reporting requirements of financial interests
of officers and employees of Environmental
Protection Agency.
Grants to qualified citizens groups.
Utilization of talents of older Americans in
projects of pollution prevention, abatement, and control.
General assistance program.
Miscellaneous reports.
Reports on environmental research and development activities of Agency.
Reimbursement for use of facilities.
Assistant Administrators of Environmental
Protection Agency; appointment; duties.
Availability of fees and charges to carry out
Agency programs.
Environmental Protection Agency fees.
Percentage of Federal funding for organizations owned by socially and economically
disadvantaged individuals.
Working capital fund in Treasury.
Availability of funds after expiration of period for liquidating obligations.
Availability of funds for uniforms and certain
services.
Availability of funds for facilities.

SUBCHAPTER IV—FEDERAL PERMITTING
IMPROVEMENT
4370m.
4370m–1.
4370m–2.
4370m–3.
4370m–4.
4370m–5.
4370m–6.

Definitions.
Federal Permitting Improvement Council.
Permitting process improvement.
Interstate compacts.
Coordination of required reviews.
Delegated State permitting programs.
Litigation, judicial review, and savings provision.
4370m–7. Reports.
4370m–8. Funding for governance, oversight, and processing of environmental reviews and permits.
4370m–9. Application.
4370m–10. GAO report.
4370m–11. Savings provision.
4370m–12. Sunset.

§ 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 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.
(Pub. L. 91–190, § 2, Jan. 1, 1970, 83 Stat. 852.)
SHORT TITLE
Section 1 Pub. L. 91–190 provided: ‘‘That this Act [enacting this chapter] may be cited as the ‘National Environmental 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 approval under this chapter, and enforcement functions of
Secretary or other official in Department of Agriculture, insofar as they involve lands and programs
under jurisdiction of that Department, related to com-

§ 4321

TITLE 42—THE PUBLIC HEALTH AND WELFARE

pliance with this chapter with respect to pre-construction, construction, and initial operation of transportation system for Canadian and Alaskan natural gas
transferred to Federal Inspector, Office of Federal Inspector 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 Inspector note under section 719e of Title 15, Commerce
and Trade. Functions and authority vested in Secretary 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 Protection 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 section 5195 of this title.
ENVIRONMENTAL PROTECTION AGENCY HEADQUARTERS
Pub. L. 112–237, § 2, Dec. 28, 2012, 126 Stat. 1628, provided that:
‘‘(a) Redesignation.—The Environmental Protection
Agency Headquarters located at 1200 Pennsylvania Avenue N.W. in Washington, D.C., known as the Ariel Rios
Building, shall be known and redesignated as the ‘William Jefferson Clinton Federal Building’.
‘‘(b) References.—Any reference in a law, map, regulation, document, paper, or other record of the United
States to the Environmental Protection Agency Headquarters referred to in subsection (a) shall be deemed
to be a reference to the ‘William Jefferson Clinton Federal Building’.’’
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 [formerly set out below] if the President determines that
a revised or new executive order will achieve equal or
better environmental or energy efficiency results.’’
[Pursuant to section 742(b) of Pub. L. 111–117, set out
above, Ex. Ord. No. 13423 was replaced by Ex. Ord. No.
13693, Mar. 19, 2015, 80 F.R. 15871, set out below.]
Pub. L. 111–8, div. D, title VII, § 748, Mar. 11, 2009, 123
Stat. 693, which provided that Ex. Ord. No. 13423 (formerly set out below) 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. 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 MILITARY 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 programmatic, nation-wide environmental impact statement for low-level flight training as a precondition to
the use by the Armed Forces of an airspace for the performance 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 Prosecution Act of 1990’.

Page 5390

‘‘SEC. 202. EPA OFFICE OF CRIMINAL INVESTIGATION.
‘‘(a) The Administrator of the Environmental Protection Agency (hereinafter referred to as the ‘Administrator’) shall increase the number of criminal investigators assigned to the Office of Criminal Investigations 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 September 30, 1992, is not less than 72;
‘‘(2) for the period October 1, 1992, through September 30, 1993, is not less than 110;
‘‘(3) for the period October 1, 1993, through September 30, 1994, is not less than 123;
‘‘(4) for the period October 1, 1994, through September 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 additional support staff to the Office of Criminal Investigations.
‘‘(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] position as defined in 3132(A) [3132(a)] of title 5 U.S.C. and
the head of such office shall report directly, without intervening review or approval, to the Assistant Administrator 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 assist the Office of Enforcement in developing and prosecuting 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 Training Institute. It shall be the function of the Institute,
among others, to train Federal, State, and local lawyers, 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 authorized to be appropriated to the Environmental Protection 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 Senate and the House of Representatives in Congress assembled, 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 Administrator of the Environmental Protection Agency,
hereinafter referred to as the ‘‘Administrator.’’ The Administrator 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 Administrator of the Environmental Protection Agency who

Page 5391

TITLE 42—THE PUBLIC HEALTH AND WELFARE

shall be appointed by the President, by and with the
advice and consent of the Senate. The Deputy Administrator shall perform such functions as the Administrator shall from time to time assign or delegate, and
shall act as Administrator during the absence or disability of the Administrator or in the event of a vacancy in the office of Administrator.
(d) There shall be in the Agency not to exceed five
Assistant Administrators of the Environmental Protection 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 Administrator:
(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 Administration, 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 Interior 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 pesticides 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 Biological Laboratory of the Bureau of Commercial Fisheries 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 Administration,
(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 components of the Environmental Control Administration
of the Environmental Health Service are not transferred: (i) Bureau of Community Environmental Management, (ii) Bureau of Occupational Safety and
Health, and (iii) Bureau of Radiological Health, insofar
as the functions carried out by the latter Bureau pertain to (A) regulation of radiation from consumer products, including electronic product radiation, (B) radiation as used in the healing arts, (C) occupational exposures to radiation, and (D) research, technical assistance, 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 functions transferred, (i) to monitor compliance with the
tolerances and the effectiveness of surveillance and enforcement, 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 Environmental Quality under section 204(5) of the National
Environmental Policy Act of 1969 (Public Law 91–190,

§ 4321

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 establishing generally applicable environmental standards for
the protection of the general environment from radioactive material. As used herein, standards mean limits
on radiation exposures or levels, or concentrations or
quantities of radioactive material, in the general environment outside the boundaries of locations under the
control of persons possessing or using radio-active material.
(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 amended (7 U.S.C. 135–135k) [7 U.S.C. 136 et seq.], (ii) the functions of the Secretary of Agriculture and the Department 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 Secretary of Agriculture and the Department of Agriculture which are administered through the Environmental Quality Branch of the Plant Protection Division 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 necessary for the performance by or under the Administrator 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, provided by law, to prescribe regulations relating primarily to the transferred functions, and (2) the functions 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 Pollution 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 Chairman 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 Chairman of that Board are hereby transferred to the Administrator.
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 employee, 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-

§ 4321

TITLE 42—THE PUBLIC HEALTH AND WELFARE

ferred to the Administrator or the Agency by this reorganization plan as the Director of the Office of Management 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 Director of Office of Management and Budget shall deem
to be necessary in order to effectuate the transfers referred to in subsection (a) of this section shall be carried out in such manner as he shall direct and by such
agencies as he shall designate.

Page 5392

Section 907 of title 5 of the United States Code will
operate to preserve administrative proceedings, including 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 efficient 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.

SEC. 5. INTERIM OFFICERS

MESSAGE OF THE PRESIDENT

(a) The President may authorize any person who immediately prior to the effective date of this reorganization 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 authorize any such person to act as the head of any principal constituent organizational entity of the Administration.
(c) The President may authorize any person who
serves in an acting capacity under the foregoing provisions of this section to receive the compensation attached 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.

To the Congress of the United States:
As concern with the condition of our physical environment has intensified, it has become increasingly
clear that we need to know more about the total environment—land, water and air. It also has become increasingly 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 Environmental Protection Agency, and one to establish,
within the Department of Commerce, a National Oceanic and Atmospheric Administration.

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 Federal Water Quality Administration and by the Administrator 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:
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 Environmental Protection Agency. My reasons for transmitting this plan are stated in a more extended accompanying 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 functions, and the expeditious administration of the public
business;’’ and section 901(a)(3), ‘‘to increase the efficiency of the operations of the Government to the fullest 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.

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 governmental structure for dealing with environmental pollution often defies effective and concerted action.
Despite its complexity, for pollution control purposes
the environment must be perceived as a single, interrelated system. Present assignments of departmental
responsibilities do not reflect this interrelatedness.
Many agency missions, for example, are designed primarily along media lines—air, water, and land. Yet the
sources of air, water, and land pollution are interrelated 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 results are not always successful.
A far more effective approach to pollution control
would:
—identify pollutants.
—trace them through the entire ecological chain, observing and recording changes in form as they
occur.
—Determine the total exposure of man his environment.
—Examine interactions among forms of pollution.
—Identify where in the ecological chain interdiction
would be most appropriate.
In organizational terms, this requires pulling together into one agency a variety of research, monitoring, 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 agencies.

Page 5393

TITLE 42—THE PUBLIC HEALTH AND WELFARE
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 Pollution Control Administration (from the Department of Health, Education, and Welfare).
—The functions carried out by the Bureau of Solid
Waste Management and the Bureau of Water Hygiene, and portions of the functions carried out by
the Bureau of Radiological Health of the Environmental Control Administration (from the Department 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 Environmental Quality.
—Certain functions respecting radiation criteria and
standards now vested in the Atomic Energy Commission and the Federal Radiation Council.
—Functions respecting pesticides registration and related activities now carried out by the Agricultural
Research Service (from the Department of Agriculture).
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 provide an organization to which new programs in these
areas could be added.
In brief, these are the principal functions to be transferred:
Federal Water Quality Administration.—Charged
with the control of pollutants which impair water quality, 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 assistance.
Certain pesticides research authority from the Department 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
the EPA—the Gulf Breeze Biological Laboratory of the
Bureau of Commercial Fisheries. The EPA would work
closely with the fish and wildlife laboratories remaining with the Bureau of Sport Fisheries and Wildlife.
National Air Pollution Control Administration.—As
the principal Federal agency concerned with air pollution, it conducts research on the effects of air pollution, 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, approving State standards and providing financial and technical 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 Administration.—ECA is the focal point within HEW for evaluation 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 administration of planning and demonstration grants. From
the ECA, the activities of the Bureaus of Water Hy-

§ 4321

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 consumer 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 research. However, as an integral part of its food protection activities, FDA would retain its authority to remove from the market food with excess pesticide residues.
General ecological research from the Council on Environmental Quality.—This authority to perform studies and research relating to ecological systems would
be in addition to EPA’s other specific research authorities, and it would help EPA to measure the impact of
pollutants. The Council on Environmental Quality
would retain its authority to conduct studies and research relating to environmental quality.
Environmental radiation standards programs.—The
Atomic Energy Commission is now responsible for establishing 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 protection of the general environment from radioactive material would be transferred to the Environmental Protection Agency. The functions of the Federal Radiation
Council would also be transferred. AEC would retain responsibility 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 related to pesticides use. It conducts research on the efficacy of various pesticides as related to other pest control methods and on the effects of pesticides on nontarget plants, livestock, and poultry. It registers pesticides, monitors their persistence and carries out an
educational program on pesticide use through the extension service. It conducts extensive pest control programs which utilize pesticides.
By transferring the Department of Agriculture’s pesticides 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 environmental 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 environmental 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 appear, 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 measure 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

§ 4321

TITLE 42—THE PUBLIC HEALTH AND WELFARE

control authorities would help assure that we do not
create new environmental problems in the process of
controlling existing ones. Industries seeking to minimize the adverse impact of their activities on the environment would be assured of consistent standards covering 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 technical assistance and training.
In proposing that the Environmental Protection
Agency be set up as a separate new agency, I am making an exception to one of my own principles: that, as
a matter of effective and orderly administration, additional 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 affects it in some way. Yet each department also has its
own primary mission—such as resource development,
transportation, health, defense, urban growth or agriculture—which necessarily affects its own view of environmental questions.
In the second place, if the critical standard-setting
functions were centralized within any one existing department, 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 environmental 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 needed. 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 environmental protection standards consistent with national environmental goals.
—The conduct of research on the adverse effects of
pollution and on methods and equipment for controlling it, the gathering of information on pollution, and the use of this information in strengthening environmental protection programs and recommending policy changes.
—Assisting others, through grants, technical assistance and other means in arresting pollution of the
environment.
—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 between 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 mission. 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 operating, ‘‘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 environmental quality.
The Council, then, is concerned with all aspects of environmental quality—wildlife preservation, parklands,
land use, and population growth, as well as pollution.
The EPA would be charged with protecting the environment by abating pollution. In short, the Council focuses on what our broad policies in the environment
field should be; the EPA would focus on setting and enforcing pollution control standards. The two are not

Page 5394

competing, but complementary—and taken together,
they should give us, for the first time, the means to
mount an effectively coordinated campaign against environmental 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 depend 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 environment—and understanding which will enable us more effectively to monitor and predict its actions, and ultimately, 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 marine 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 Atmospheric 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 component 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, unified 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 almost $200 million. Placing NOAA within the Department of Commerce therefore entails the least dislocation, 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 programs of the following organizations would be moved
into NOAA:
—The Environmental Science Services Administration (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 Bureau of Mines (from the Department of the Interior).
—The Office of Sea Grant Programs (from the National 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 Center (from the Department of the Navy).

Page 5395

TITLE 42—THE PUBLIC HEALTH AND WELFARE

—The National Data Buoy Project (from the Department of Transportation).
In brief, these are the principal functions of the programs 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 retrieval of environmental data).
—The National Environmental Satellite Center (observation of the global environment from earth-orbiting 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 natural hazards as hurricanes, tornadoes, floods, earthquakes 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 Department 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 Fisheries 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 laboratories 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 Program was authorized in 1966 to permit the Federal Government to assist the academic and industrial communities in developing marine resources and technology.
It aims at strengthening education and training of marine specialists, supporting applied research in the recovery and use of marine resources, and developing extension 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 responsible for the collection and dissemination of oceanographic 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 established 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 agency would make possible a balanced Federal program to

§ 4321

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 assets. It would make possible a consolidated program for
achieving a more comprehensive understanding of oceanic and atmospheric phenomena, which so greatly affect our lives and activities. It would facilitate the cooperation between public and private interests that can
best serve the interests of all.
I expect that NOAA would exercise leadership in developing a national oceanic and atmospheric program
of research and development. It would coordinate its
own scientific and technical resources with the technical and operational capabilities of other government
agencies and private institutions. As important, NOAA
would continue to provide those services to other agencies 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 Protection Agency and the Council on Environmental Quality
as part of an effort to ensure that environmental questions 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 National 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 Atmosphere 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 opportunity 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 authorities 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 Advisory Council on Executive Organization (the Ash Council), the Commission on Marine Science, Engineering
and Resources (the Stratton Commission, appointed by
President Johnson), my special task force on oceanography headed by Dr. James Wakelin, and by the information developed during both House and Senate hearings on proposed NOAA legislation.
Many of those who have advised me have proposed additional 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 beginning. 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 indigestion 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 activities 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 natural 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 Congress will help us fulfill that commitment.
RICHARD NIXON.

§ 4321

TITLE 42—THE PUBLIC HEALTH AND WELFARE

THE WHITE HOUSE, July 9, 1970.
EX. ORD. NO. 11472. CABINET COMMITTEE ON THE ENVIRONMENT AND CITIZENS’ ADVISORY COMMITTEE ON ENVIRONMENTAL 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 Cabinet 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 designate 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 Committee.
(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 invite such agency heads or their alternates to participate 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 deliberations 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 chapter] 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 President 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 policies and programs, including those for development and
conservation of natural resources, take adequate account of environmental effects.
(2) Review the adequacy of existing systems for monitoring and predicting environmental changes so as to
achieve effective coverage and efficient use of facilities
and other resources.
(3) Foster cooperation between the Federal Government, State and local governments, and private organizations in environmental programs.
(4) Seek advancement of scientific knowledge of
changes in the environment and encourage the development of technology to prevent or minimize adverse effects that endanger man’s health and well-being.
(5) Stimulate public and private participation in programs 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.

Page 5396

(7) Assure assessment of new and changing technologies 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 actions of Federal agencies affecting outdoor recreation
and natural beauty. The Cabinet Committee may conduct studies and make recommendations to the President on matters of policy in the fields of outdoor recreation and natural beauty. In carrying out the foregoing
provisions of this subsection, the Cabinet Committee
shall, as far as may be practical, advise Federal agencies 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 natural beauty and recreational opportunities consistent
with other essential uses, (4) cooperation with the
States and their local subdivisions and private organizations and individuals in areas of mutual interest, (5)
interstate arrangements, including Federal participation 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 coordination of outdoor recreation the authorities and resources available to him under the Act of May 28, 1963,
77 Stat. 49 [see 54 U.S.C. 200101], to the extent permitted
by law, he may make such authorities and resources
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 compliance with provisions of applicable law, and as necessary to serve the purposes of this order, (1) the Council 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, establishment, 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 Council 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 terminated and its functions transferred to the Domestic

Page 5397

TITLE 42—THE PUBLIC HEALTH AND WELFARE

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 delegate 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, formerly set
out as a note under section 14 of the Federal Advisory
Committee Act in the Appendix to Title 5, Government
Organization and Employees.
EX. ORD. NO. 11514. PROTECTION AND ENHANCEMENT OF
ENVIRONMENTAL QUALITY
Ex. Ord. No. 11514, Mar. 5, 1970, 35 F.R. 4247, as amended by Ex. Ord. No. 11991, May 24, 1977, 42 F.R. 26967, provided:
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 provide leadership in protecting and enhancing the quality
of the Nation’s environment to sustain and enrich
human life. Federal agencies shall initiate measures
needed to direct their policies, plans and programs so
as to meet national environmental goals. The Council
on Environmental Quality, through the Chairman,
shall advise and assist the President in leading this national effort.
SEC. 2. Responsibilities of Federal agencies. Consonant
with Title I of the National Environmental Policy Act
of 1969 [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 enhance the quality of the environment. Such activities
shall include those directed to controlling pollution
and enhancing the environment and those designed to
accomplish other program objectives which may affect
the quality of the environment. Agencies shall develop
programs and measures to protect and enhance environmental quality and shall assess progress in meeting
the specific objectives of such activities. Heads of agencies shall consult with appropriate Federal, State and
local agencies in carrying out their activities as they
affect the quality of the environment.
(b) Develop procedures to ensure the fullest practicable provision of timely public information and understanding of Federal plans and programs with environmental impact in order to obtain the views of interested parties. These procedures shall include, whenever
appropriate, 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 potential environmental problems and control methods
developed as part of research, development, demonstration, test, or evaluation activities is made available to
Federal agencies, States, counties, municipalities, institutions, and other entities, as appropriate.
(d) Review their agencies’ statutory authority, administrative regulations, policies, and procedures, including those relating to loans, grants, contracts,

§ 4321

leases, licenses, or permits, in order to identify any deficiencies or inconsistencies therein which prohibit or
limit full compliance with the purposes and provisions
of the Act. A report on this review and the corrective
actions taken or planned, including such measures to
be proposed to the President as may be necessary to
bring their authority and policies into conformance
with the intent, purposes, and procedures of the Act,
shall be provided to the Council on Environmental
Quality not later than September 1, 1970.
(e) Engage in exchange of data and research results,
and cooperate with agencies of other governments to
foster the purposes of the Act.
(f) Proceed, in coordination with other agencies, with
actions required by section 102 of the Act [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 activities of the Federal Government directed to the control of pollution and the enhancement of the environment and to the accomplishment of other objectives
which affect the quality of the environment. This shall
include continuing review of procedures employed in
the development and enforcement of Federal standards
affecting environmental quality. Based upon such evaluations the Council shall, where appropriate, recommend to the President policies and programs to
achieve more effective protection and enhancement of
environmental quality and shall, where appropriate,
seek resolution of significant environmental issues.
(b) Recommend to the President and to the agencies
priorities among programs designed for the control of
pollution and for enhancement of the environment.
(c) Determine the need for new policies and programs
for dealing with environmental problems not being adequately addressed.
(d) Conduct, as it determines to be appropriate, public hearings or conferences on issues of environmental
significance.
(e) Promote the development and use of indices and
monitoring systems (1) to assess environmental conditions and trends, (2) to predict the environmental impact of proposed public and private actions, and (3) to
determine the effectiveness of programs for protecting
and enhancing environmental quality.
(f) Coordinate Federal programs related to environmental quality.
(g) Advise and assist the President and the agencies
in achieving international cooperation for dealing with
environmental problems, under the foreign policy guidance of the Secretary of State.
(h) Issue regulations to Federal agencies for the implementation 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 designed to make the environmental impact statement
process more useful to decisionmakers and the public;
and to reduce paperwork and the accumulation of extraneous background data, in order to emphasize the
need to focus on real environmental issues and alternatives. They will require impact statements to be concise, 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 environmental 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 Section 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 request such reports and other information from them, as

§ 4321

TITLE 42—THE PUBLIC HEALTH AND WELFARE

may be required to carry out the Council’s responsibilities under the Act.
(j) Assist the President in preparing the annual Environmental Quality Report provided for in section 201 of
the Act [42 U.S.C. 4341].
(k) Foster investigations, studies, surveys, research,
and analyses relating to (i) ecological systems and environmental quality, (ii) the impact of new and changing technologies thereon, and (iii) means of preventing
or reducing adverse effects from such technologies.
SEC. 4. Amendments of E.O. 11472. Executive Order No.
11472 of May 29, 1969, including the heading thereof, is
hereby amended:
(1) By substituting for the term ‘‘the Environmental
Quality Council’’, wherever it occurs, the following:
‘‘the Cabinet Committee on the Environment’’.
(2) By substituting for the term ‘‘the Council’’, wherever it occurs, the following: ‘‘the Cabinet Committee’’.
(3) By inserting in subsection (f) of section 101, after
‘‘Budget,’’, the following: ‘‘the Director of the Office of
Science and Technology,’’.
(4) By substituting for subsection (g) of section 101
the following:
‘‘(g) The Chairman of the Council on Environmental
Quality (established by Public Law 91–190) [this chapter] 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: ‘‘(hereinafter referred to as the ‘Citizens’ Committee’)’’.
(8) By substituting for the term ‘‘the Committee’’,
wherever it occurs, the following: ‘‘the Citizens’ Committee’’.
EX. ORD. NO. 11523. NATIONAL INDUSTRIAL POLLUTION
CONTROL COUNCIL
Ex. Ord. No. 11523, eff. Apr. 9, 1970, 35 F.R. 5993, provided:
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
Control Council (hereinafter referred to as ‘‘the Industrial 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 Chairman, shall appoint an Executive Director of the Industrial Council.
SEC. 2. Functions of the Industrial Council. The Industrial Council shall advise the President and the Chairman of the Council on Environmental Quality, through
the Secretary, on programs of industry relating to the
quality of the environment. In particular, the Industrial Council may—
(1) Survey and evaluate the plans and actions of industry 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 environment, 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 Secretary, or by the Chairman of the Council on Environmental Quality through the Secretary.

Page 5398

SEC. 3. Subordinate Committees. The Industrial Council
may establish, with the concurrence of the Secretary,
such subordinate committees as it may deem appropriate 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 compliance 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 discretionary 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 restricting 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 activities 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 amended 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 vehicles—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 toward 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 Constitution of the United States and in furtherance of the
purpose and policy of the National Environmental Policy 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 resources 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 custody 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-

Page 5399

TITLE 42—THE PUBLIC HEALTH AND WELFARE

tucky and Tennessee and are designated as ‘‘Land Between 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 Tennessee 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 authorized 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 employment, 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 permitted, 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 further 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 damage to soil, watershed, vegetation, or other resources of
the public lands.
(2) Areas and trails shall be located to minimize harassment of wildlife or significant disruption of wildlife
habitats.
(3) Areas and trails shall be located to minimize conflicts 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, taking into account noise and other factors.
(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 promulgation 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 resource values, preserving public health, safety, and welfare, 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, including maps, describing such areas and trails and explaining the conditions on vehicle use. He shall seek cooperation of relevant State agencies in the dissemination of this information.

§ 4321

SEC. 6. Enforcement. The respective agency head shall,
where authorized by law, prescribe appropriate penalties for violation of regulations adopted pursuant to
this order, and shall establish procedures for the enforcement of those regulations. To the extent permitted by law, he may enter into agreements with
State or local governmental agencies for cooperative
enforcement of laws and regulations relating to offroad 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, consult with the Secretary of Energy and the Nuclear Regulatory Commission.
SEC. 8. Monitoring of Effects and Review. (a) The respective agency head shall monitor the effects of the
use of off-road vehicles on lands under their jurisdictions. 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) Notwithstanding the provisions of Section 3 of this Order,
the respective agency head shall, whenever he determines that the use of off-road vehicles will cause or is
causing considerable adverse effects on the soil, vegetation, wildlife, wildlife habitat or cultural or historic resources 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 within his jurisdiction shall be closed to use by off-road vehicles except those areas or trails which are suitable
and specifically designated as open to such use pursuant 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 ecosystems on lands and waters under their control, and
which directed executive agencies to restrict the exportation of native species for introduction of such species
into ecosystems outside the United States where they
do not naturally occur, unless such introduction or exportation 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; Ex. Ord. No. 13690, § 2, Jan. 30, 2015, 80 F.R. 6425,
provided:
By virtue of the authority vested in me by the Constitution 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 indirect support of floodplain development wherever there
is a practicable alternative, it is hereby ordered as follows:

§ 4321

TITLE 42—THE PUBLIC HEALTH AND WELFARE

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 construction and improvements; and (3) conducting Federal activities and programs affecting land use, including but
not limited to water and related land resources planning, regulating, and licensing activities.
SEC. 2. In carrying out the activities described in Section 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 programs and budget requests reflect consideration of
flood hazards and floodplain management; and to prescribe procedures to implement the policies and requirements of this Order, as follows, to the extent permitted by law:
(a)(1) Before taking an action, each agency shall determine whether the proposed action will occur in a
floodplain—for major Federal actions significantly affecting the quality of the human environment, the
evaluation required below will be included in any statement prepared under Section 102(2)(C) of the National
Environmental Policy Act [42 U.S.C. 4332(2)(C)]. To determine whether the action is located in a floodplain,
the agency shall use one of the approaches in Section
6(c) of this Order based on the best-available information and the Federal Emergency Management Agency’s
effective Flood Insurance Rate Map.
(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. Where possible, an agency shall use
natural systems, ecosystem processes, and naturebased approaches when developing alternatives for consideration. 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 minimize potential harm to or within the floodplain, consistent
with regulations issued in accord with Section 2(d) of
this Order, and (ii) prepare and circulate a notice containing an explanation of why the action is proposed 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 notice, not to exceed three pages in length including a location map, to the state and areawide A–95 clearinghouses 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 action.
(4) Each agency shall also provide opportunity for
early public review of any plans or proposals for actions 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 environmental 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 appropriations 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-

Page 5400

sources use appropriate to the degree of hazard involved. 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 administer. Agencies shall also encourage and provide appropriate guidance to applicants to evaluate the effects
of their proposals in floodplains prior to submitting applications 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 Floodplain 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 Environmental 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 Administrator
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. The regulations and procedures must also be consistent with
the Federal Flood Risk Management Standard
(FFRMS). They shall deviate only to the extent that
the standards of the Flood Insurance Program and
FFRMS are demonstrably inappropriate 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, elevate structures above the elevation of the floodplain as
defined in Section 6(c) of this Order 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 structures, 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 public or private parties, the Federal agency shall (1) reference in the conveyance those uses that are restricted
under identified Federal, State or local floodplain regulations; 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 102, 202, and 205 of the Flood Disaster Protection Act of 1973, as amended (42 U.S.C. 4012a,
4106, and 4128), agencies which guarantee, approve, regulate, or insure any financial transaction which is related to an area located in an area subject to the base
flood shall, prior to completing action on such transaction, inform any private parties participating in the
transaction of the hazards of locating structures in the
area subject to the base flood.
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

Page 5401

TITLE 42—THE PUBLIC HEALTH AND WELFARE

status of their procedures and the impact of this Order
on the agency’s operations. Thereafter, the Water Resources Council shall periodically evaluate agency procedures 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 military departments; the directives contained in this
Order, however, are meant to apply only to those agencies 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 occurrence in any given year.
(c) The term ‘‘floodplain’’ shall mean the lowland and
relatively flat areas adjoining inland and coastal waters including floodprone areas of offshore islands. The
floodplain shall be established using one of the following approaches:
(1) Unless an exception is made under paragraph (2),
the floodplain shall be:
(i) the elevation and flood hazard area that result
from using a climate-informed science approach that
uses the best-available, actionable hydrologic and hydraulic data and methods that integrate current and
future changes in flooding based on climate science.
This approach will also include an emphasis on whether
the action is a critical action as one of the factors to
be considered when conducting the analysis;
(ii) the elevation and flood hazard area that result
from using the freeboard value, reached by adding an
additional 2 feet to the base flood elevation for noncritical actions and by adding an additional 3 feet to
the base flood elevation for critical actions;
(iii) the area subject to flooding by the 0.2 percent annual chance flood; or
(iv) the elevation and flood hazard area that result
from using any other method identified in an update to
the FFRMS.
(2) The head of an agency may except an agency action from paragraph (1) where it is in the interest of national security, where the agency action is an emergency action, where application to a Federal facility or
structure is demonstrably inappropriate, or where the
agency action is a mission-critical requirement related
to a national security interest or an emergency action.
When an agency action is excepted from paragraph (1)
because it is in the interest of national security, it is
an emergency action, or it is a mission-critical requirement related to a national security interest or an
emergency action, the agency head shall rely on the
area of land subject to the base flood.
(d) The term ‘‘critical action’’ shall mean any activity for which even a slight chance of flooding would be
too great.
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, performed pursuant to Sections 403 and 502 of the Robert
T. Stafford Disaster Relief and Emergency Assistance
Act of 1988 (42 U.S.C. 5170b and 5192).
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 responsibilities for environmental review, decisionmaking, and action pursuant to the National Environmental Policy Act of 1969, as amended [42 U.S.C. 4321].
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:

§ 4321

By virtue of the authority vested in me by the Constitution 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 adverse impacts associated with the destruction or modification of wetlands and to avoid direct or indirect support of new construction in wetlands wherever there is
a practicable alternative, it is hereby ordered as follows:
SECTION 1. (a) Each agency shall provide leadership
and shall take action to minimize the destruction, loss
or degradation of wetlands, and to preserve and enhance the natural and beneficial values of wetlands in
carrying out the agency’s responsibilities for (1) acquiring, managing, and disposing of Federal lands and facilities; and (2) providing Federally undertaken, financed, or assisted construction and improvements;
and (3) conducting Federal activities and programs affecting land use, including but not limited to water and
related land resources planning, regulating, and licensing activities.
(b) This Order does not apply to the issuance by Federal agencies of permits, licenses, or allocations to private parties for activities involving wetlands on nonFederal 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 proposed action includes all practicable measures to minimize 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 pertinent 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 accomplish this objective for Federal actions whose impact is not significant enough to require the preparation of an environmental impact statement under Section 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 appropriations 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 properties from disposal.
SEC. 5. In carrying out the activities described in Section 1 of this Order, each agency shall consider factors
relevant to a proposal’s effect on the survival and quality 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 conservation 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

§ 4321

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(c) other uses of wetlands in the public interest, including 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 processes, 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 military departments; the directives contained in this
Order, however, are meant to apply only to those agencies which perform the activities described in Section
1 which are located in or affecting wetlands.
(b) The term ‘‘new construction’’ shall include draining, 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 saturated soil conditions for growth and reproduction. Wetlands 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 presently 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, performed 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 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 responsibilities for environmental review, decisionmaking, and action pursuant to the National Environmental 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 compliance 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 responsible for ensuring that all necessary actions are taken

Page 5402

for the prevention, control, and abatement of environmental pollution with respect to Federal facilities and
activities under the control of the agency.
1–102. The head of each Executive agency is responsible 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.).
(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 requirements 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 Agency, 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 advice 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 compliance 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 prevention, control and abatement of environmental pollution
are not used for any other purpose unless permitted by
law and specifically approved by the Office of Management 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 notifying agency and provide for its approval a plan to

Page 5403

TITLE 42—THE PUBLIC HEALTH AND WELFARE

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 Executive agencies and, on request of any party, such conflicts between an Executive agency and a State, interstate, 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 resolve the conflict.
1–603. The Director of the Office of Management and
Budget shall consider unresolved conflicts at the request of the Administrator. The Director shall seek the
Administrator’s technological judgment and determination with regard to the applicability of statues
and regulations.
1–604. These conflict resolution procedures are in addition 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 construed to revise or modify any applicable pollution control 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 national 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 recommendation 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 responsible for the construction or operation of Federal
facilities outside the United States shall ensure that
such construction or operation complies with the environmental pollution control standards of general applicability 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 Constitution and the laws of the United States, and as
President of the United States, in order to further environmental 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 agencies having ultimate responsibility for authorizing and
approving actions encompassed by this Order to be informed of pertinent environmental considerations and

§ 4321

to take such considerations into account, with other
pertinent considerations of national policy, in making
decisions regarding such actions. While based on independent 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 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 policy and national security policy of the United States, and represents the
United States government’s exclusive and complete determination 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
the environment outside the United States, its territories and possessions.
SECTION 2
2–1. Agency Procedures. Every Federal agency taking
major Federal actions encompassed hereby and not exempted herefrom having significant effects on the environment 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 nations shall conduct a program for exchange on a continuing basis of information concerning the environment. The objectives of this program shall be to provide information for use by decisionmakers, to heighten awareness of and interest in environmental concerns
and, as appropriate, to facilitate environmental cooperation 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 authorizing and approving actions in one of the following categories encompassed by this Order, take into consideration 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 jurisdiction 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 action;
(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 principal product or an emission or effluent, which is prohibited or strictly regulated by Federal law in the
United States because its toxic effects on the environment 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 protect the environment against radioactive substances.
(d) major Federal actions outside the United States,
its territories and possessions which significantly affect natural or ecological resources of global importance designated for protection under this subsection
by the President, or, in the case of such a resource protected by international agreement binding on the
United States, by the Secretary of State. Recommendations to the President under this subsection shall be accompanied by the views of the Council on Environmental Quality and the Secretary of State.
2–4. Applicable Procedures. (a) There are the following
types of documents to be used in connection with actions described in Section 2–3:
(i) environmental impact statements (including generic, program and specific statements);
(ii) bilateral or multilateral environmental studies,
relevant or related to the proposed action, by the

§ 4321

TITLE 42—THE PUBLIC HEALTH AND WELFARE

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 involved, including environmental assessments, summary
environmental analyses or other appropriate documents.
(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 follows:
(i) for effects described in Section 2–3(a), an environmental 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 document described in Section 2–4(a)(ii) or (iii), as determined 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 described 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 Marine 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 taking action encompassed by this Order shall, as soon as
feasible, inform other Federal agencies with relevant
expertise of the availability of environmental documents 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 environmental documents prepared pursuant to those procedures.
In order to avoid duplication of resources, agencies in
their procedures shall provide for appropriate utilization of the resources of other Federal agencies with relevant environmental jurisdiction or expertise.
2–5. Exemptions and Considerations. (a) Notwithstanding Section 2–3, the following actions are exempt from
this Order:
(i) actions not having a significant effect on the environment 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 security 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 actions providing to a foreign nation a nuclear production or utilization facility as defined in the Atomic Energy 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 conferences and organizations;
(vii) disaster and emergency relief action.
(b) Agency procedures under Section 2–1 implementing Section 2–4 may provide for appropriate modifications in the contents, timing and availability of documents to other affected Federal agencies and affected
nations, where necessary to:
(i) enable the agency to decide and act promptly as
and when required;

Page 5404

(ii) avoid adverse impacts on foreign relations or infringement in fact or appearance of other nations’ sovereign responsibilities, or
(iii) ensure appropriate reflection of:
(1) diplomatic factors;
(2) international commercial, competitive and export
promotion factors;
(3) needs for governmental or commercial confidentiality;
(4) national security considerations;
(5) difficulties of obtaining information and agency
ability to analyze meaningfully environmental effects
of a proposed action; and
(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 Section as may be necessary to meet emergency circumstances, situations involving exceptional foreign policy
and national security sensitivities and other such special circumstances. In utilizing such additional exemptions agencies shall, as soon as feasible, consult with
the Department of State and the Council on Environmental Quality.
(d) The provisions of Section 2–5 do not apply to actions described in Section 2–3(a) unless permitted by
law.
SECTION 3
3–1. Rights of Action. This Order is solely for the purpose of establishing internal procedures for Federal
agencies to consider the significant effects of their actions 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 foreign governments concerning environmental agreements and other arrangements in implementation of
this Order.
3–3. Multi-Agency Actions. Where more than one Federal 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, ‘‘environment’’ 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 approvals’’ 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 environmental impact statement, and if the action also has effects on the environment of a foreign nation, an environmental 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, formerly
set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to Title 5, Government Organization 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 administration, was revoked by Ex. Ord. No. 12852, § 4(c), June 29,
1993, 58 F.R. 35841, formerly set out below.

Page 5405

TITLE 42—THE PUBLIC HEALTH AND WELFARE

EX. ORD. NO. 12761. ESTABLISHMENT OF PRESIDENT’S
ENVIRONMENT AND CONSERVATION CHALLENGE AWARDS
Ex. Ord. No. 12761, May 21, 1991, 56 F.R. 23645, provided:
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 Environmental 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 outstanding achievements in the United States and in its
territories in the areas of conservation and environmental protection by both the public and private sectors, it is hereby ordered as follows:
SECTION 1. Establishment. The President’s Environment and Conservation Challenge Awards program is
established for the purposes of recognizing outstanding
environmental achievements by U.S. citizens, enterprises, or programs; providing an incentive for environmental accomplishment; promoting cooperative partnerships between diverse groups working together to
achieve common environmental goals; and identifying
successful environmental programs that can be replicated.
SEC. 2. Administration. (a) The Council on Environmental 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 selection of award recipients.
(b) Any expenses of the program shall be paid from
funds available for the expenses of the Council on Environmental Quality.
SEC. 3. Awards. (a) Up to three awards in each of the
following four categories shall be made annually to eligible individuals, organizations, groups, or entities:
(i) Quality Environmental Management Awards (incorporation of environmental concerns into management decisions and practices);
(ii) Partnership Awards (successful coalition building
efforts);
(iii) Innovation Awards (innovative technology programs, products, or processes); and
(iv) Education and Communication Awards (education and information programs contributing to the
development of an ethic fostering conservation and environmental 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 Environmental Quality shall establish and maintain a data
bank with information about award nominees to catalogue and publicize model conservation or environmental 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

§ 4321

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 ENVIRONMENTAL 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:
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, disproportionately high and adverse human health or environmental 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 Environmental Justice. (a) Within 3 months of the date of
this order, the Administrator of the Environmental
Protection Agency (‘‘Administrator’’) or the Administrator’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 Housing and Urban Development; (d) Department of Labor;
(e) Department of Agriculture; (f) Department of
Transportation; (g) Department of Justice; (h) Department of the Interior; (i) Department of Commerce; (j)
Department of Energy; (k) Environmental Protection
Agency; (l) Office of Management and Budget; (m) Office 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 Government officials as the President may designate. The
Working Group shall report to the President through
the Deputy Assistant to the President for Environmental 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 disproportionately high and adverse human health or environmental 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 section 1–103 of this order, in order to ensure that the administration, interpretation and enforcement of programs, activities and policies are undertaken in a consistent manner;
(3) assist in coordinating research by, and stimulating cooperation among, the Environmental Protection
Agency, the Department of Health and Human Services, the Department of Housing and Urban Development, 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 environmental justice;
(6) hold public meetings as required in section
5–502(d) of this order; and
(7) develop interagency model projects on environmental justice that evidence cooperation among Federal agencies.
1–103. Development of Agency Strategies. (a) Except as
provided in section 6–605 of this order, each Federal

§ 4321

TITLE 42—THE PUBLIC HEALTH AND WELFARE

agency shall develop an agency-wide environmental
justice strategy, as set forth in subsections (b)–(e) of
this section that identifies and addresses disproportionately high and adverse human health or environmental
effects of its programs, policies, and activities on minority 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 populations and low-income populations; (2) ensure greater
public participation; (3) improve research and data collection relating to the health of and environment of
minority populations and low-income populations; and
(4) identify differential patterns of consumption of natural resources among minority populations and low-income populations. In addition, the environmental justice strategy shall include, where appropriate, a timetable for undertaking identified revisions and consideration of economic and social implications of the revisions.
(b) Within 4 months of the date of this order, each
Federal agency shall identify an internal administrative 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 strategy.
(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 finalize 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 environmental justice strategy, shall identify several specific projects that can be promptly undertaken to address particular concerns identified during the development 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 environmental 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 Assistant 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 persons (including populations) from participation in, denying persons (including populations) the benefits of,
or subjecting persons (including populations) to discrimination under, such programs, policies, and activities, 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 diverse segments of the population in epidemiological
and clinical studies, including segments at high risk
from environmental hazards, such as minority populations, low-income populations and workers who may
be exposed to substantial environmental hazards.

Page 5406

(b) Environmental human health analyses, whenever
practicable and appropriate, shall identify multiple and
cumulative exposures.
(c) Federal agencies shall provide minority populations 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
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 practical and appropriate, Federal agencies shall use this
information to determine whether their programs, policies, and activities have disproportionately high and
adverse human health or environmental effects on minority populations and low-income populations;
(b) In connection with the development and implementation of agency strategies in section 1–103 of this
order, each Federal agency, whenever practicable and
appropriate, shall collect, maintain and analyze information 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 substantial 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 information 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 Emergency 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) expected 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 appropriate, shall share information and eliminate unnecessary duplication of efforts through the use of existing
data systems and cooperative agreements among Federal agencies and with State, local, and tribal governments.
SEC. 4–4. SUBSISTENCE CONSUMPTION OF FISH
AND WILDLIFE.
4–401. Consumption Patterns. In order to assist in identifying the need for ensuring protection of populations
with differential patterns of subsistence consumption
of fish and wildlife, Federal agencies, whenever practicable 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 practicable and appropriate, shall work in a coordinated
manner to publish guidance reflecting the latest scientific 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 recommendations to Federal agencies relating to the incorporation 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,

Page 5407

TITLE 42—THE PUBLIC HEALTH AND WELFARE

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, understandable, 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 prepare 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 ensuring compliance with this order. Each Federal agency 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 Executive Order No. 12875 [former 5 U.S.C. 601 note].
6–604. Scope. For purposes of this order, Federal agency 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, Federal agencies shall assume the financial costs of complying 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 demonstrates that children may suffer disproportionately

§ 4321

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 diminish 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 agency’s mission, each Federal agency:
(a) shall make it a high priority to identify and assess 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 children that result from environmental health risks or
safety risks.
1–102. Each independent regulatory agency is encouraged 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 regulatory 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 Department of Defense.
2–202. ‘‘Covered regulatory action’’ means any substantive 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 economy, a sector of the economy, productivity, competition, 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 disproportionately 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 Children (‘‘Task Force’’).
3–302. The Task Force will report to the President in
consultation with the Domestic Policy Council, the National 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 Commission;

§ 4321

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(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, designate.
Members of the Task Force may delegate their responsibilities under this order to subordinates.
3–304. Functions. The Task Force shall recommend to
the President Federal strategies for children’s environmental health and safety, within the limits of the Administration’s budget, to include the following elements:
(a) statements of principles, general policy, and targeted 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 communication to assist families in evaluating risks to children and in making informed consumer choices;
(e) an identification of high-priority initiatives that
the Federal Government has undertaken or will undertake in advancing protection of children’s environmental health and safety; and
(f) a statement regarding the desirability of new legislation 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 enhance our ability to understand, analyze, and respond
to environmental health risks and safety risks to children. For purposes of this report, executive departments, the Environmental Protection Agency, and
other agencies identified by the Task Force shall identify 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 report and ensure that this report is publicly available
and widely disseminated. The Office of Science and
Technology Policy and the National Science and Technology 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 review of existing and planned data resources and a proposed plan for ensuring that researchers and Federal
research agencies have access to information on all research conducted or funded by the Federal Government
that is related to adverse health risks in children resulting 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 information 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:

Page 5408

(a) an evaluation of the environmental health or safety 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 review 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
shall, to the extent practicable, schedule any rulemaking 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 Statistics.
6–601. The Director of the OMB (‘‘Director’’) shall
convene an Interagency Forum on Child and Family
Statistics (‘‘Forum’’), which will include representatives from the appropriate Federal statistics and research agencies. The Forum shall produce a biennial
compendium (‘‘Report’’) of the most important indicators 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 duplication 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 Kennedy Shriver National Institute of Child Health and
Human Development]. The Forum shall present the
first annual Report to the President, through the Director, 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 management of the executive branch. This order is not intended, 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 create any right to judicial review involving the compliance 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 revoked.
7–703. 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.
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 adjacent communities, it is hereby ordered as follows:
SECTION 1. Policies.
(a) The American Heritage Rivers initiative has three
objectives: natural resource and environmental protection, economic revitalization, and historic and cultural
preservation.
(b) Executive agencies (‘‘agencies’’), to the extent
permitted by law and consistent with their missions

Page 5409

TITLE 42—THE PUBLIC HEALTH AND WELFARE

and resources, shall coordinate Federal plans, functions, 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 efficiencies 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 American Heritage Rivers initiative. This initiative will not
interfere with matters of State, local, and tribal government jurisdiction.
(e) In furtherance of these policies, the President will
designate rivers that meet certain criteria as ‘‘American Heritage Rivers.’’
(f) It is the policy of the Federal Government that
communities shall nominate rivers as American Heritage Rivers and the Federal role will be solely to support 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 nongovernmental 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 governments. 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 Federal services and programs. Agencies are directed,
where appropriate, to reduce and make more flexible
procedural requirements and paperwork related to providing assistance to communities along designated rivers.
(j) Agencies shall commit to a policy under which
they will seek to ensure that their actions have a positive effect on the natural, historic, economic, and cultural resources of American Heritage River communities. 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 partnerships 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 rivers, 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 designation 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.

§ 4321

(b) Selection Criteria. Nominations will be judged
based on the following:
(1) the characteristics of the natural, economic, agricultural, scenic, historic, cultural, or recreational resources 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;
(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 American 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 representing natural, cultural, and historic resources; scenic, environmental, and recreation interests; tourism,
transportation, and economic development interests;
and industries such as agriculture, hydropower, manufacturing, mining, and forest management. The Chair
of the CEQ will ensure that the rivers recommended
represent a variety of stream sizes, diverse geographical 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 initiative.
(2) The Interagency Committee provided for in section 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 designation be revoked. The Chair shall notify the community
at least 30 days prior to making such a recommendation 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 Rivers Interagency Committee (‘‘Committee’’). The Committee 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 Protection 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.

§ 4321

TITLE 42—THE PUBLIC HEALTH AND WELFARE

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 support of the American Heritage Rivers;
(3) report to the President on the progress, accomplishments, 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. Consistent 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 communities 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 developed 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 information to the extent permitted by law and consistent with the agencies mission and resources;
(e) cooperate with State, local, and tribal governments and communities with respect to their activities
that take place in, or affect the area around, an American 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 individual 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 extent 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 Executive 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, Executive 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, formerly 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:

Page 5410

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 existing programs and resources of the Federal Government. From across the country, hundreds of communities answered my call for nominations, asking that
their rivers be designated American Heritage Rivers. I
applaud all of the communities that have drawn together and dedicated themselves to the goal of healthy
rivers, now and forever.
Having reviewed the recommendations of the American Heritage Rivers Initiative Advisory Committee, I
am pleased to be able to recognize a select group of rivers and communities that reflect the true diversity and
splendor of America’s natural endowment, and the tremendous 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 Connecticut, 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 Illinois, Iowa, Minnesota, Missouri, and Wisconsin;
• The Lower Mississippi River, in the States of Louisiana 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 Independence of the United States of America the two hundred and twenty-third.
WILLIAM J. CLINTON.
EX. ORD. NO. 13112. INVASIVE SPECIES
Ex. Ord. No. 13112, Feb. 3, 1999, 64 F.R. 6183, as amended 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.), Nonindigenous 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 Species 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 follows:
SECTION 1. Definitions.
(a) ‘‘Alien species’’ means, with respect to a particular ecosystem, any species, including its seeds, eggs,
spores, or other biological material capable of propagating that species, that is not native to that ecosystem.
(b) ‘‘Control’’ means, as appropriate, eradicating, suppressing, reducing, or managing invasive species populations, preventing spread of invasive species from
areas where they are present, and taking steps such as

Page 5411

TITLE 42—THE PUBLIC HEALTH AND WELFARE

restoration of native species and habitats to reduce the
effects of invasive species and to prevent further invasions.
(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 establishments as defined by 5 U.S.C. 104.
(e) ‘‘Introduction’’ means the intentional or unintentional escape, release, dissemination, or placement of a
species into an ecosystem as a result of human activity.
(f) ‘‘Invasive species’’ means an alien species whose
introduction does or is likely to cause economic or environmental harm or harm to human health.
(g) ‘‘Native species’’ means, with respect to a particular ecosystem, a species that, other than as a result of
an introduction, historically occurred or currently occurs in that ecosystem.
(h) ‘‘Species’’ means a group of organisms all of
which have a high degree of physical and genetic similarity, 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, nongovernmental entities including environmental, agricultural,
and conservation organizations, trade groups, commercial 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 introduction of invasive species; (ii) detect and respond rapidly
to and control populations of such species in a cost-effective and environmentally sound manner; (iii) monitor invasive species populations accurately and reliably; (iv) provide for restoration of native species and
habitat conditions in ecosystems that have been invaded; (v) conduct research on invasive species and develop 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 introduction 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 Species Council, consistent with the Invasive Species Management Plan and in cooperation with stakeholders, as
appropriate, and, as approved by the Department of
State, when Federal agencies are working with international organizations and foreign nations.
SEC. 3. Invasive Species Council. (a) An Invasive Species Council (Council) is hereby established whose
members shall include the Secretary of State, the Secretary of the Treasury, the Secretary of Defense, the
Secretary of the Interior, the Secretary of Agriculture,
the Secretary of Commerce, the Secretary of Transportation, the Secretary of Homeland Security, and the
Administrator of the Environmental Protection Agency. The Council shall be Co-Chaired by the Secretary of
the Interior, the Secretary of Agriculture, and the Secretary of Commerce. The Council may invite additional
Federal agency representatives to be members, includ-

§ 4321

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 Director of the Council and shall provide the staff and administrative support for the Council.
(b) The Secretary of the Interior shall establish an
advisory committee under the Federal Advisory Committee 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, appoint members of the advisory committee representing
stakeholders. Among other things, the advisory committee 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 Department of the Interior shall provide the administrative
and financial support for the advisory committee.
SEC. 4. Duties of the Invasive Species Council. The Invasive 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 appropriate 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 stakeholders and existing organizations addressing invasive species;
(c) develop recommendations for international cooperation in addressing invasive species;
(d) develop, in consultation with the Council on Environmental Quality, guidance to Federal agencies pursuant to the National Environmental Policy Act on prevention 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-todate 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 invasive 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 education; 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 Invasive Species Management Plan (Management Plan),
which shall detail and recommend performance-oriented goals and objectives and specific measures of success for Federal agency efforts concerning invasive species. 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 Council to carry out the duties assigned to it under section
4 of this order. The Management Plan shall be developed through a public process and in consultation with
Federal agencies and stakeholders.

§ 4321

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(b) The first edition of the Management Plan shall include a review of existing and prospective approaches
and authorities for preventing the introduction and
spread of invasive species, including those for identifying pathways by which invasive species are introduced
and for minimizing the risk of introductions via those
pathways, and shall identify research needs and recommend measures to minimize the risk that introductions will occur. Such recommended measures shall
provide for a science-based process to evaluate risks associated with introduction and spread of invasive species and a coordinated and systematic risk-based process to identify, monitor, and interdict pathways that
may be involved in the introduction of invasive species.
If recommended measures are not authorized by current law, the Council shall develop and recommend to
the President through its Co-Chairs legislative proposals 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 additional levels of coordination needed to achieve the
Management Plan’s identified goals and objectives, and
the Council shall provide each edition of the Management Plan and each report on it to the Office of Management 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 either 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 management of the executive branch and is not intended 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 any other person.
(b) Executive Order 11987 of May 24, 1977, is hereby revoked.
(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.
EXTENSION OF TERM OF INVASIVE SPECIES ADVISORY
COMMITTEE
Term of Invasive Species Advisory Committee extended until Sept. 30, 2017, by Ex. Ord. No. 13708, Sept.
30, 2015, 80 F.R. 60271, set out as a note under section 14
of the Federal Advisory Committee Act in the Appendix to Title 5, Government Organization and Employees.
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 compliance 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, formerly set out
below.
EXECUTIVE ORDER NO. 13423
Ex. Ord. No. 13423, Jan. 24, 2007, 72 F.R. 3919, which set
out various goals and duties for Federal Agencies to
conduct their environmental, transportation, and en-

Page 5412

ergy-related activities under the law in support of their
respective missions in an environmentally, economically and fiscally sound, integrated, continuously improving, efficient, and sustainable manner, was revoked
by Ex. Ord. No. 13693, § 16(a), Mar. 19, 2015, 80 F.R. 15880,
set out below.
EXECUTIVE ORDER NO. 13514
Ex. Ord. No. 13514, Oct. 5, 2009, 74 F.R. 52117, which related to environmental sustainability in the Federal
Government, was revoked by Ex. Ord. No. 13693, § 16(b),
Mar. 19, 2015, 80 F.R. 15880, set out below.
EX. ORD. NO. 13653. PREPARING THE UNITED STATES FOR
THE IMPACTS OF CLIMATE CHANGE
Ex. Ord. No. 13653, Nov. 1, 2013, 78 F.R. 66819, as
amended by Ex. Ord. No. 13683, § 2, Dec. 11, 2014, 79 F.R.
75041; Ex. Ord. No. 13693, § 16(f), Mar. 19, 2015, 80 F.R.
15881, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, and in order to prepare the Nation for the impacts of climate change by undertaking actions to enhance climate preparedness and resilience, it is hereby
ordered as follows:
SECTION 1. Policy. The impacts of climate change—including an increase in prolonged periods of excessively
high temperatures, more heavy downpours, an increase
in wildfires, more severe droughts, permafrost thawing,
ocean acidification, and sea-level rise—are already affecting communities, natural resources, ecosystems,
economies, and public health across the Nation. These
impacts are often most significant for communities
that already face economic or health-related challenges, and for species and habitats that are already
facing other pressures. Managing these risks requires
deliberate preparation, close cooperation, and coordinated planning by the Federal Government, as well as
by stakeholders, to facilitate Federal, State, local,
tribal, private-sector, and nonprofit-sector efforts to
improve climate preparedness and resilience; help safeguard our economy, infrastructure, environment, and
natural resources; and provide for the continuity of executive department and agency (agency) operations,
services, and programs.
A foundation for coordinated action on climate
change preparedness and resilience across the Federal
Government was established by [former] Executive
Order 13514 of October 5, 2009 (Federal Leadership in Environmental, Energy, and Economic Performance), and
the Interagency Climate Change Adaptation Task
Force led by the Council on Environmental Quality
(CEQ), the Office of Science and Technology Policy
(OSTP), and the National Oceanic and Atmospheric Administration (NOAA). In addition, through the U.S.
Global Change Research Program (USGCRP), established by section 103 of the Global Change Research Act
of 1990 (15 U.S.C. 2933), and agency programs and activities, the Federal Government will continue to support
scientific research, observational capabilities, and assessments necessary to improve our understanding of
and response to climate change and its impacts on the
Nation.
The Federal Government must build on recent
progress and pursue new strategies to improve the Nation’s preparedness and resilience. In doing so, agencies
should promote: (1) engaged and strong partnerships
and information sharing at all levels of government; (2)
risk-informed decisionmaking and the tools to facilitate it; (3) adaptive learning, in which experiences
serve as opportunities to inform and adjust future actions; and (4) preparedness planning.
SEC. 2. Modernizing Federal Programs to Support Climate Resilient Investment. (a) To support the efforts of
regions, States, local communities, and tribes, all
agencies, consistent with their missions and in coordination with the Council on Climate Preparedness and
Resilience (Council) established in section 6 of this
order, shall:

Page 5413

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(i) identify and seek to remove or reform barriers
that discourage investments or other actions to increase the Nation’s resilience to climate change while
ensuring continued protection of public health and the
environment;
(ii) reform policies and Federal funding programs
that may, perhaps unintentionally, increase the vulnerability of natural or built systems, economic sectors,
natural resources, or communities to climate change
related risks;
(iii) identify opportunities to support and encourage
smarter, more climate-resilient investments by States,
local communities, and tribes, including by providing
incentives through agency guidance, grants, technical
assistance, performance measures, safety considerations, and other programs, including in the context of
infrastructure development as reflected in Executive
Order 12893 of January 26, 1994 (Principles for Federal
Infrastructure Investments), my memorandum of August 31, 2011 (Speeding Infrastructure Development
through More Efficient and Effective Permitting and
Environmental Review), Executive Order 13604 of March
22, 2012 (Improving Performance of Federal Permitting
and Review of Infrastructure Projects), and my memorandum of May 17, 2013 (Modernizing Federal Infrastructure Review and Permitting Regulations, Policies,
and Procedures); and
(iv) report on their progress in achieving the requirements identified above, including accomplished and
planned milestones, in the Agency Adaptation Plans
developed pursuant to section 5 of this order.
(b) In carrying out this section, agencies should also
consider the recommendations of the State, Local, and
Tribal Leaders Task Force on Climate Preparedness
and Resilience (Task Force) established in section 7 of
this order and the National Infrastructure Advisory
Council established by Executive Order 13231 of October
16, 2001 (Critical Infrastructure Protection in the Information Age), and continued through Executive Order
13652 of September 30, 2013 (Continuance of Certain Federal Advisory Committees).
(c) Interagency groups charged with coordinating and
modernizing Federal processes related to the development and integration of both man-made and natural infrastructure, evaluating public health and social equity
issues, safeguarding natural resources, and other issues
impacted by climate change—including the Steering
Committee on Federal Infrastructure Permitting and
Review Process Improvement established by Executive
Order 13604, the Task Force on Ports established on
July 19, 2012, the Interagency Working Group on Coordination of Domestic Energy Development and Permitting in Alaska established by Executive Order 13580
of July 12, 2011, and the Federal Interagency Working
Group on Environmental Justice established by Executive Order 12898 of February 11, 1994—shall be responsible for ensuring that climate change related risks are
accounted for in such processes and shall work with
agencies in meeting the requirements set forth in subsections (a) and (b) of this section.
SEC. 3. Managing Lands and Waters for Climate Preparedness and Resilience. Within 9 months of the date of
this order and in coordination with the efforts described in section 2 of this order, the heads of the Departments of Defense, the Interior, and Agriculture,
the Environmental Protection Agency, NOAA, the Federal Emergency Management Agency, the Army Corps
of Engineers, and other agencies as recommended by
the Council established in section 6 of this order shall
work with the Chair of CEQ and the Director of the Office of Management and Budget (OMB) to complete an
inventory and assessment of proposed and completed
changes to their land- and water-related policies, programs, and regulations necessary to make the Nation’s
watersheds, natural resources, and ecosystems, and the
communities and economies that depend on them, more
resilient in the face of a changing climate. Further,
recognizing the many benefits the Nation’s natural infrastructure provides, agencies shall, where possible,
focus on program and policy adjustments that promote

§ 4321

the dual goals of greater climate resilience and carbon
sequestration, or other reductions to the sources of climate change. The assessment shall include a timeline
and plan for making changes to policies, programs, and
regulations. Agencies shall build on efforts already
completed or underway as outlined in agencies’ Adaptation Plans, as discussed in section 5 of this order, as
well as recent interagency climate adaptation strategies such as the National Action Plan: Priorities for
Managing Freshwater Resources in a Changing Climate, released October 28, 2011; the National Fish,
Wildlife and Plants Climate Adaptation Strategy, released March 26, 2013; and the National Ocean Policy
Implementation Plan, released April 16, 2013.
SEC. 4. Providing Information, Data, and Tools for Climate Change Preparedness and Resilience. (a) In support
of Federal, regional, State, local, tribal, private-sector
and nonprofit-sector efforts to prepare for the impacts
of climate change, the Departments of Defense, the Interior, Agriculture, Commerce, Health and Human
Services, Housing and Urban Development, Transportation, Energy, and Homeland Security, the Environmental Protection Agency, the National Aeronautics
and Space Administration, and any other agencies as
recommended by the Council established in section 6 of
this order, shall, supported by USGCRP, work together
to develop and provide authoritative, easily accessible,
usable, and timely data, information, and decision-support tools on climate preparedness and resilience.
(b) As part of the broader open data policy, CEQ and
OSTP, in collaboration with OMB and consistent with
Executive Order 13642 of May 9, 2013 (Making Open and
Machine Readable the New Default for Government Information), shall oversee the establishment of a webbased portal on ‘‘Data.gov’’ and work with agencies on
identifying, developing, and integrating data and tools
relevant to climate issues and decisionmaking. Agencies shall coordinate their work on these data and tools
with relevant interagency councils and committees
such as the National Science and Technology Council
and those that support the implementation of Presidential Policy Directive–21 of February 12, 2013 (Critical Infrastructure Security and Resilience).
SEC. 5. Federal Agency Planning for Climate Change Related Risk. (a) Consistent with other Executive Orders,
agencies have developed Agency Adaptation Plans and
provided them to CEQ and OMB. These plans evaluate
the most significant climate change related risks to,
and vulnerabilities in, agency operations and missions
in both the short and long term, and outline actions
that agencies will take to manage these risks and vulnerabilities. Building on these efforts, each agency
shall develop or continue to develop, implement, and
update comprehensive plans that integrate consideration of climate change into agency operations and
overall mission objectives and submit those plans to
CEQ and OMB for review. Each Agency Adaptation
Plan shall include:
(i) identification and assessment of climate change
related impacts on and risks to the agency’s ability to
accomplish its missions, operations, and programs;
(ii) a description of programs, policies, and plans the
agency has already put in place, as well as additional
actions the agency will take, to manage climate risks
in the near term and build resilience in the short and
long term;
(iii) a description of how any climate change related
risk identified pursuant to paragraph (i) of this subsection that is deemed so significant that it impairs an
agency’s statutory mission or operation will be addressed, including through the agency’s existing reporting requirements;
(iv) a description of how the agency will consider the
need to improve climate adaptation and resilience, including the costs and benefits of such improvement,
with respect to agency suppliers, supply chain, real
property investments, and capital equipment purchases
such as updating agency policies for leasing, building
upgrades, relocation of existing facilities and equipment, and construction of new facilities; and

§ 4321

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(v) a description of how the agency will contribute to
coordinated interagency efforts to support climate preparedness and resilience at all levels of government, including collaborative work across agencies’ regional offices and hubs, and through coordinated development of
information, data, and tools, consistent with section 4
of this order.
(b) Agencies will report on progress made on their
Adaptation Plans, as well as any updates made to the
plans, through the annual Strategic Sustainability Performance Plan process. Agencies shall regularly update
their Adaptation Plans, completing the first update
within 120 days of the date of this order, with additional regular updates thereafter due not later than 1
year after the publication of each quadrennial National
Climate Assessment report required by section 106 of
the Global Change Research Act of 1990 (15 U.S.C. 2936).
SEC. 6. Council on Climate Preparedness and Resilience.
(a) Establishment. There is established an interagency
Council on Climate Preparedness and Resilience (Council).
(b) Membership. The Council shall be co-chaired by the
Chair of CEQ, the Director of OSTP, the Assistant to
the President for Homeland Security and Counterterrorism, and the Director of OMB. In addition, the
Council shall include senior officials (Deputy Secretary
or equivalent officer) from:
(i) the Department of State;
(ii) the Department of the Treasury;
(iii) the Department of Defense;
(iv) the Department of Justice;
(v) the Department of the Interior;
(vi) the Department of Agriculture;
(vii) the Department of Commerce;
(viii) the Department of Labor;
(ix) the Department of Health and Human Services;
(x) the Department of Housing and Urban Development;
(xi) the Department of Transportation;
(xii) the Department of Energy;
(xiii) the Department of Education;
(xiv) the Department of Veterans Affairs;
(xv) the Department of Homeland Security;
(xvi) the United States Agency for International Development;
(xvii) the Army Corps of Engineers;
(xviii) the Environmental Protection Agency;
(xix) the General Services Administration;
(xx) the Millennium Challenge Corporation;
(xxi) the National Aeronautics and Space Administration;
(xxii) the U.S. Small Business Administration;
(xxiii) the Corporation for National and Community
Service;
(xxiv) the Office of the Director of National Intelligence;
(xxv) the Council of Economic Advisers;
(xxvi) the National Economic Council;
(xxvii) the Domestic Policy Council;
(xxviii) the White House Office of Public Engagement
and Intergovernmental Affairs;
(xxix) the United States Trade Representative; and
(xxx) such agencies or offices as the President or CoChairs shall designate.
(c) Administration. CEQ shall provide administrative
support and additional resources, as appropriate, for
the Council to the extent permitted by law and within
existing appropriations. Agencies shall assist and provide information to the Council, consistent with applicable law, as may be necessary to carry out its functions. Each agency shall bear its own expenses for participating in the Council.
(d) Council Structure. The Co-Chairs may designate a
subset of members of the Council to serve on a Steering
Committee to help determine priorities and strategic
direction for the Council. The Co-Chairs and Steering
Committee may establish working groups as needed,
and may recharter working groups of the Interagency
Climate Change Adaptation Task Force, as appropriate.

Page 5414

(e) Mission and Function of the Council. The Council
shall work across agencies and offices, and in partnership with State, local, and tribal governments (as well
as the Task Force established in section 7 of this
order), academic and research institutions, and the private and nonprofit sectors to:
(i) develop, recommend, coordinate interagency efforts on, and track implementation of priority Federal
Government actions related to climate preparedness
and resilience;
(ii) support regional, State, local, and tribal action to
assess climate change related vulnerabilities and costeffectively increase climate preparedness and resilience
of communities, critical economic sectors, natural and
built infrastructure, and natural resources, including
through the activities as outlined in sections 2 and 3 of
this order;
(iii) facilitate the integration of climate science in
policies and planning of government agencies and the
private sector, including by promoting the development of innovative, actionable, and accessible Federal
climate change related information, data, and tools at
appropriate scales for decisionmakers and deployment
of this information through a Government-wide webbased portal, as described in section 4 of this order; and
(iv) such other functions as may be decided by the CoChairs, including implementing, as appropriate, the
recommendations of the Task Force established in section 7 of this order.
(f) Termination of the Interagency Climate Change Adaptation Task Force. The Interagency Climate Change Adaptation Task Force (Adaptation Task Force), established in 2009, created the framework for coordinated
Federal action on climate preparedness and resilience,
driving agency-level planning and action. The Adaptation Task Force shall terminate no later than 30 days
after the first meeting of the Council, which shall continue and build upon the Adaptation Task Force’s
work.
SEC. 7. State, Local, and Tribal Leaders Task Force on
Climate Preparedness and Resilience.
(a) Establishment. To inform Federal efforts to support
climate preparedness and resilience, there is established a State, Local, and Tribal Leaders Task Force on
Climate Preparedness and Resilience (Task Force).
(b) Membership. The Task Force shall be co-chaired by
the Chair of CEQ and the Director of the White House
Office of Intergovernmental Affairs. In addition, its
members shall be such elected State, local, and tribal
officials as may be invited by the Co-Chairs to participate. Members of the Task Force, acting in their official capacity, may designate employees with authority
to act on their behalf.
(c) Mission and Function. Within 1 year of the date of
this order, the Task Force shall provide, through its
Co-Chairs, recommendations to the President and the
Council for how the Federal Government can:
(i) remove barriers, create incentives, and otherwise
modernize Federal programs to encourage investments,
practices, and partnerships that facilitate increased resilience to climate impacts, including those associated
with extreme weather;
(ii) provide useful climate preparedness tools and actionable information for States, local communities,
and tribes, including through interagency collaboration
as described in section 6 of this order; and
(iii) otherwise support State, local, and tribal preparedness for and resilience to climate change.
(d) Sunset. The Task Force shall terminate no later
than 6 months after providing its recommendations.
SEC. 8. Definitions. As used in this order:
(a) ‘‘preparedness’’ means actions taken to plan, organize, equip, train, and exercise to build, apply, and
sustain the capabilities necessary to prevent, protect
against, ameliorate the effects of, respond to, and recover from climate change related damages to life,
health, property, livelihoods, ecosystems, and national
security;
(b) ‘‘adaptation’’ means adjustment in natural or
human systems in anticipation of or response to a

Page 5415

TITLE 42—THE PUBLIC HEALTH AND WELFARE

changing environment in a way that effectively uses
beneficial opportunities or reduces negative effects;
and
(c) ‘‘resilience’’ means the ability to anticipate, prepare for, and adapt to changing conditions and withstand, respond to, and recover rapidly from disruptions.
SEC. 9. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department, agency, or the head thereof; or
(ii) the functions of the Director of OMB relating to
budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with
U.S. obligations under international agreements and
applicable U.S. law, and be subject to the availability
of appropriations.
(c) This order is not intended to, and does not, create
any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the
United States, its departments, agencies, or entities,
its officers, employees, or agents, or any other person.
BARACK OBAMA.
EX. ORD. NO. 13690. ESTABLISHING A FEDERAL FLOOD
RISK MANAGEMENT STANDARD AND A PROCESS FOR
FURTHER SOLICITING AND CONSIDERING STAKEHOLDER
INPUT
Ex. Ord. No. 13690, Jan. 30, 2015, 80 F.R. 6425, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, and in order to improve the Nation’s resilience to current and future flood risk, I hereby direct
the following:
SECTION 1. Policy. It is the policy of the United States
to improve the resilience of communities and Federal
assets against the impacts of flooding. These impacts
are anticipated to increase over time due to the effects
of climate change and other threats. Losses caused by
flooding affect the environment, our economic prosperity, and public health and safety, each of which affects
our national security.
The Federal Government must take action, informed
by the best-available and actionable science, to improve the Nation’s preparedness and resilience against
flooding. Executive Order 11988 of May 24, 1977 (Floodplain Management), requires executive departments
and agencies (agencies) 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 indirect support of floodplain development wherever there is a practicable alternative.
The Federal Government has developed processes for
evaluating the impacts of Federal actions in or affecting floodplains to implement Executive Order 11988.
As part of a national policy on resilience and risk reduction consistent with my Climate Action Plan, the
National Security Council staff coordinated an interagency effort to create a new flood risk reduction
standard for federally funded projects. The views of
Governors, mayors, and other stakeholders were solicited and considered as efforts were made to establish a
new flood risk reduction standard for federally funded
projects. The result of these efforts is the Federal
Flood Risk Management Standard (Standard), a flexible framework to increase resilience against flooding
and help preserve the natural values of floodplains. Incorporating this Standard will ensure that agencies expand management from the current base flood level to
a higher vertical elevation and corresponding horizontal floodplain to address current and future flood
risk and ensure that projects funded with taxpayer dollars last as long as intended.
This order establishes the Standard and sets forth a
process for further solicitation and consideration of
public input, including from Governors, mayors, and
other stakeholders, prior to implementation of the
Standard.
SEC. 2. Amendments to Executive Order 11988. [Amended
Ex. Ord. No. 11988, set out above.]

§ 4321

SEC. 3. Agency Action. (a) Prior to any action to implement the Standard, additional input from stakeholders shall be solicited and considered. To carry out
this process:
(i) the Federal Emergency Management Agency, on
behalf of the Mitigation Framework Leadership Group,
shall publish for public comment draft amended Floodplain Management Guidelines for Implementing Executive Order 11988 (Guidelines) to provide guidance to
agencies on the implementation of Executive Order
11988, as amended, consistent with the Standard;
(ii) during the comment period, the Mitigation
Framework Leadership Group shall host public meetings with stakeholders to solicit input; and
(iii) after the comment period closes, and based on
the comments received on the draft Guidelines during
the comment period, in accordance with subsections
(a)(i) and (ii) of this section, the Mitigation Framework
Leadership Group shall provide recommendations to
the Water Resources Council.
(b) After additional input from stakeholders has been
solicited and considered as set forth in subsections
(a)(i) and (ii) of this section and after consideration of
the recommendations made by the Mitigation Framework Leadership Group pursuant to subsection (a)(iii)
of this section, the Water Resources Council shall issue
amended Guidelines to provide guidance to agencies on
the implementation of Executive Order 11988, as
amended, consistent with the Standard.
(c) To the extent permitted by law, each agency shall,
in consultation with the Water Resources Council, Federal Interagency Floodplain Management Task Force,
Federal Emergency Management Agency, and Council
on Environmental Quality, issue or amend existing regulations and procedures to comply with this order, and
update those regulations and procedures as warranted.
Within 30 days of the closing of the public comment period for the draft amendments to the Guidelines as described in subsection (a) of this section, each agency
shall submit an implementation plan to the National
Security Council staff that contains milestones and a
timeline for implementation of this order and the
Standard, by the agency as it applies to the agency’s
processes and mission. Agencies shall not issue or
amend existing regulations and procedures pursuant to
this subsection until after the Water Resources Council
has issued amended Guidelines pursuant to subsection
(b) of this order [sic].
SEC. 4. Reassessment. (a) The Water Resources Council
shall issue any further amendments to the Guidelines
as warranted.
(b) The Mitigation Framework Leadership Group in
consultation with the Federal Interagency Floodplain
Management Task Force shall reassess the Standard
annually, after seeking stakeholder input, and provide
recommendations to the Water Resources Council to
update the Standard if warranted based on accurate
and actionable science that takes into account changes
to climate and other changes in flood risk. The Water
Resources Council shall issue an update to the Standard at least every 5 years.
SEC. 5. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department, agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create
any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the
United States, its departments, agencies, or entities,
its officers, employees, or agents, or any other person.
(d) The Water Resources Council shall carry out its
responsibilities under this order in consultation with
the Mitigation Framework Leadership Group.
BARACK OBAMA.

§ 4321

TITLE 42—THE PUBLIC HEALTH AND WELFARE
EX. ORD. NO. 13693. PLANNING FOR FEDERAL
SUSTAINABILITY IN THE NEXT DECADE

Ex. Ord. No. 13693, Mar. 19, 2015, 80 F.R. 15871, provided:
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, and in order to maintain Federal leadership
in sustainability and greenhouse gas emission reductions, it is hereby ordered as follows:
SECTION 1. Policy. Executive departments and agencies (agencies) have been among our Nation’s leaders as
the United States works to build a clean energy economy that will sustain our prosperity and the health of
our people and our environment for generations to
come. Federal leadership in energy, environmental
water, fleet, buildings, and acquisition management
will continue to drive national greenhouse gas reductions and support preparations for the impacts of climate change. Through a combination of more efficient
Federal operations such as those outlined in this Executive Order (order), we have the opportunity to reduce
agency direct greenhouse gas emissions by at least 40
percent over the next decade while at the same time
fostering innovation, reducing spending, and strengthening the communities in which our Federal facilities
operate.
It therefore continues to be the policy of the United
States that agencies shall increase efficiency and improve their environmental performance. Improved environmental performance will help us protect our planet
for future generations and save taxpayer dollars
through avoided energy costs and increased efficiency,
while also making Federal facilities more resilient. To
improve environmental performance and Federal sustainability, priority should first be placed on reducing
energy use and cost, then on finding renewable or alternative energy solutions. Pursuing clean sources of energy will improve energy and water security, while ensuring that Federal facilities will continue to meet
mission requirements and lead by example. Employing
this strategy for the next decade calls for expanded and
updated Federal environmental performance goals with
a clear overarching objective of reducing greenhouse
gas emissions across Federal operations and the Federal supply chain.
SEC. 2. Agency Greenhouse Gas Emission Reductions. In
implementing the policy set forth in section 1 of this
order, the head of each agency shall, within 90 days of
the date of this order, propose to the Chair of the Council on Environmental Quality (CEQ) and the Director of
the Office of Management and Budget (OMB) percentage reduction targets for agency-wide reductions of
scope 1 and 2 and scope 3 greenhouse gas emissions in
absolute terms by the end of fiscal year 2025 relative to
a fiscal year 2008 baseline. Where appropriate, the target shall exclude direct emissions from excluded vehicles and equipment and from electric power produced
and sold commercially to other parties as the primary
business of the agency. The proposed targets shall be
subject to the review and approval of the Chair of CEQ
in coordination with the Director of OMB under section
4(b) of this order.
SEC. 3. Sustainability Goals for Agencies. In implementing the policy set forth in section 1 of this order and to
achieve the goals of section 2 of this order, the head of
each agency shall, where life-cycle cost-effective, beginning in fiscal year 2016, unless otherwise specified:
(a) promote building energy conservation, efficiency,
and management by:
(i) reducing agency building energy intensity measured in British thermal units per gross square foot by
2.5 percent annually through the end of fiscal year 2025,
relative to the baseline of the agency’s building energy
use in fiscal year 2015 and taking into account agency
progress to date, except where revised pursuant to section 9(f) of this order, by implementing efficiency
measures based on and using practices such as:
(A) using remote building energy performance assessment auditing technology;

Page 5416

(B) participating in demand management programs;
(C) ensuring that monthly performance data is entered into the Environmental Protection Agency (EPA)
ENERGY STAR Portfolio Manager for covered buildings;
(D) incorporating, where feasible, the consensusbased, industry standard Green Button data access system into reporting, data analytics, and automation
processes;
(E) implementing space utilization and optimization
practices and policies;
(F) identifying opportunities to transition test-bed
technologies to achieve the goals of this section; and
(G) conforming, where feasible, to city energy performance benchmarking and reporting requirements;
and
(ii) improving data center energy efficiency at agency
facilities by:
(A) ensuring the agency chief information officer promotes data center energy optimization, efficiency, and
performance;
(B) installing and monitoring advanced energy meters in all data centers by fiscal year 2018; and
(C) establishing a power usage effectiveness target of
1.2 to 1.4 for new data centers and less than 1.5 for existing data centers;
(b) ensure that at a minimum, the following percentage of the total amount of building electric energy and
thermal energy shall be clean energy, accounted for by
renewable electric energy and alternative energy:
(i) not less than 10 percent in fiscal years 2016 and
2017;
(ii) not less than 13 percent in fiscal years 2018 and
2019;
(iii) not less than 16 percent in fiscal years 2020 and
2021;
(iv) not less than 20 percent in fiscal years 2022 and
2023; and
(v) not less than 25 percent by fiscal year 2025 and
each year thereafter;
(c) ensure that the percentage of the total amount of
building electric energy consumed by the agency that
is renewable electric energy is:
(i) not less than 10 percent in fiscal years 2016 and
2017;
(ii) not less than 15 percent in fiscal years 2018 and
2019;
(iii) not less than 20 percent in fiscal years 2020 and
2021;
(iv) not less than 25 percent in fiscal years 2022 and
2023; and
(v) not less than 30 percent by fiscal year 2025 and
each year thereafter;
(d) include in the renewable electric energy portion of
the clean energy target established in subsection (b) of
this section renewable electric energy as defined in section 19(v) of this order and associated with the following actions, which are listed in order of priority:
(i) installing agency-funded renewable energy on site
at Federal facilities and retaining corresponding renewable energy certificates (RECs) or obtaining equal
value replacement RECs;
(ii) contracting for the purchase of energy that includes the installation of renewable energy on site at a
Federal facility or off site from a Federal facility and
the retention of corresponding RECs or obtaining equal
value replacement RECs for the term of the contract;
(iii) purchasing electricity and corresponding RECs
or obtaining equal value replacement RECs; and
(iv) purchasing RECs;
(e) include in the alternative energy portion of the
clean energy target established in subsection (b) of this
section alternative energy as defined in section 19(c) of
this order and associated with the following actions,
where feasible:
(i) installing thermal renewable energy on site at
Federal facilities and retaining corresponding renewable attributes or obtaining equal value replacement
RECs where applicable;
(ii) installing combined heat and power processes on
site at Federal facilities;

Page 5417

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(iii) installing fuel cell energy systems on site at Federal facilities;
(iv) utilizing energy from new small modular nuclear
reactor technologies;
(v) utilizing energy from a new project that includes
the active capture and storage of carbon dioxide emissions associated with energy generation;
(vi) implementing other alternative energy approaches that advance the policy set forth in section 1
and achieve the goals of section 2 of this order and are
in accord with any sustainability, environmental performance, and other instructions or guidance established pursuant to sections 4(e) and 5(a) of this order;
and
(vii) including in the Department of Defense (DOD)
accounting for alternative energy for this subsection,
fulfillment of the requirements for DOD goals established under section 2852 of the National Defense Authorization Act for Fiscal Year 2007 as amended by section 2842 of the National Defense Authorization Act for
Fiscal Year 2010;
(f) improve agency water use efficiency and management, including stormwater management by:
(i) reducing agency potable water consumption intensity measured in gallons per gross square foot by 36
percent by fiscal year 2025 through reductions of 2 percent annually through fiscal year 2025 relative to a
baseline of the agency’s water consumption in fiscal
year 2007;
(ii) installing water meters and collecting and utilizing building and facility water balance data to improve
water conservation and management;
(iii) reducing agency industrial, landscaping, and agricultural (ILA) water consumption measured in gallons by 2 percent annually through fiscal year 2025 relative to a baseline of the agency’s ILA water consumption in fiscal year 2010; and
(iv) installing appropriate green infrastructure features on federally owned property to help with stormwater and wastewater management;
(g) if the agency operates a fleet of at least 20 motor
vehicles, improve agency fleet and vehicle efficiency
and management by:
(i) determining, as part of the planning requirements
of section 14 of this order, the optimum fleet inventory
with emphasis placed on eliminating unnecessary or
non-essential vehicles from the agency’s fleet inventory;
(ii) taking actions that reduce fleet-wide per-mile
greenhouse gas emissions from agency fleet vehicles,
relative to a baseline of emissions in fiscal year 2014, to
achieve the following percentage reductions:
(A) not less than 4 percent by the end of fiscal year
2017;
(B) not less than 15 percent by the end of fiscal year
2021; and
(C) not less than 30 percent by the end of fiscal year
2025;
(iii) collecting and utilizing as a fleet efficiency management tool, as soon as practicable but not later than
2 years after the date of this order, agency fleet operational data through deployment of vehicle telematics
at a vehicle asset level for all new passenger and light
duty vehicle acquisitions and for medium duty vehicles
where appropriate;
(iv) ensuring that agency annual asset-level fleet
data is properly and accurately accounted for in a formal agency Fleet Management System and any relevant data is submitted to the Federal Automotive
Statistical Tool reporting database, the Federal Motor
Vehicle Registration System, and the Fleet Sustainability Dashboard (FleetDASH) system;
(v) planning for agency fleet composition such that
by December 31, 2020, zero emission vehicles or plug-in
hybrid vehicles account for 20 percent of all new agency
passenger vehicle acquisitions and by December 31,
2025, zero emission vehicles or plug-in hybrid vehicles
account for 50 percent of all new agency passenger vehicles and including, where practicable, acquisition of
such vehicles in other vehicle classes and counting dou-

§ 4321

ble credit towards the targets in this section for such
acquisitions; and
(vi) planning for appropriate charging or refueling infrastructure or other power storage technologies for
zero emission vehicles or plug-in hybrid vehicles and
opportunities for ancillary services to support vehicleto-grid technology;
(h) improve building efficiency, performance, and
management by:
(i) ensuring, beginning in fiscal year 2020 and thereafter, that all new construction of Federal buildings
greater than 5,000 gross square feet that enters the
planning process is designed to achieve energy net-zero
and, where feasible, water or waste net-zero by fiscal
year 2030;
(ii) identifying, beginning in June of 2016, as part of
the planning requirements of section 14 of this order, a
percentage of at least 15 percent, by number or total
square footage, of the agency’s existing buildings above
5,000 gross square feet that will, by fiscal year 2025,
comply with the revised Guiding Principles for Federal
Leadership in High Performance and Sustainable Buildings (Guiding Principles), developed pursuant to section 4 of this order, and making annual progress toward
100 percent conformance with the Guiding Principles
for its building inventory;
(iii) identifying, as part of the planning requirements
of section 14 of this order, a percentage of the agency’s
existing buildings above 5,000 gross square feet intended
to be energy, waste, or water net-zero buildings by fiscal year 2025 and implementing actions that will allow
those buildings to meet that target;
(iv) including in all new agency lease solicitations
over 10,000 rentable square feet:
(A) criteria for energy efficiency either as a required
performance specification or as a source selection evaluation factor in best-value tradeoff procurements; and
(B) requirements for building lessor disclosure of carbon emission or energy consumption data for that portion of the building occupied by the agency that may
be provided by the lessor through submetering or estimation from pro-rated occupancy data, whichever is
more cost-effective;
(v) reporting building energy, beginning in fiscal year
2016 as part of the agency scope 3 greenhouse gas emissions for newly solicited leases over 10,000 rentable
square feet;
(vi) including in the planning for new buildings or
leases cost-effective strategies to optimize sustainable
space usage and consideration of existing community
transportation planning and infrastructure, including
access to public transit;
(vii) ensuring that all new construction, major renovation, repair, and alteration of agency buildings includes appropriate design and deployment of fleet
charging infrastructure; and
(viii) including the incorporation of climate-resilient
design and management elements into the operation,
repair, and renovation of existing agency buildings and
the design of new agency buildings;
(i) promote sustainable acquisition and procurement
by ensuring that each of the following environmental
performance and sustainability factors are included to
the maximum extent practicable for all applicable procurements in the planning, award, and execution
phases of the acquisition by:
(i) meeting statutory mandates that require purchase
preference for:
(A) recycled content products designated by EPA;
(B) energy and water efficient products and services,
such as ENERGY STAR qualified and Federal Energy
Management Program (FEMP)-designated products,
identified by EPA and the Department of Energy
(DOE); and
(C) BioPreferred and biobased designated products
designated by the United States Department of Agriculture;
(ii) purchasing sustainable products and services
identified by EPA programs including:
(A) Significant New Alternative Policy (SNAP)
chemicals or other alternatives to ozone-depleting sub-

§ 4321

TITLE 42—THE PUBLIC HEALTH AND WELFARE

stances
and
high
global
warming
potential
hydrofluorocarbons, where feasible, as identified by
SNAP;
(B) WaterSense certified products and services (water
efficient products);
(C) Safer Choice labeled products (chemically intensive products that contain safer ingredients); and
(D) SmartWay Transport partners and SmartWay
products (fuel efficient products and services);
(iii) purchasing environmentally preferable products
or services that:
(A) meet or exceed specifications, standards, or labels
recommended by EPA that have been determined to assist agencies in meeting their needs and further advance sustainable procurement goals of this order; or
(B) meet environmental performance criteria developed or adopted by voluntary consensus standards bodies consistent with section 12(d) of the National Technology Transfer and Advancement Act of 1995 (Public
Law 104–113) and OMB Circular A–119;
(iv) acting, as part of the implementation of planning
requirements of section 14 of this order, until an agency achieves at least 95 percent compliance with the
BioPreferred and biobased purchasing requirement in
paragraph (i) of this subsection, to:
(A) establish an annual target for the number of contracts to be awarded with BioPreferred and biobased
criteria and dollar value of BioPreferred and biobased
products to be delivered and reported under those contracts in the following fiscal year. To establish this
target, agencies shall consider the dollar value of designated BioPreferred and biobased products reported in
previous years, the specifications reviewed and revised
for inclusion of BioPreferred and biobased products,
and the number of applicable product and service contracts to be awarded, including construction, operations and maintenance, food services, vehicle maintenance, and janitorial services; and
(B) ensure contractors submit timely annual reports
of their BioPreferred and biobased purchases; and
(v) reducing copier and printing paper use and acquiring uncoated printing and writing paper containing at
least 30 percent postconsumer recycled content or higher as designated by future instruction under section
4(e) of this order;
(j) advance waste prevention and pollution prevention by:
(i) reporting in accordance with the requirements of
sections 301 through 313 of the Emergency Planning and
Community Right-to-Know Act of 1986 (42 U.S.C. 11001
through 11023);
(ii) diverting at least 50 percent of non-hazardous
solid waste, including food and compostable material
but not construction and demolition materials and debris, annually, and pursuing opportunities for net-zero
waste or additional diversion opportunities;
(iii) diverting at least 50 percent of non-hazardous
construction and demolition materials and debris; and
(iv) reducing or minimizing the quantity of toxic and
hazardous chemicals and materials acquired, used, or
disposed of, particularly where such reduction will assist the agency in pursuing agency greenhouse gas
emission reduction targets established in section 2 of
this order;
(k) implement performance contracts for Federal
buildings by:
(i) utilizing performance contracting as an important
tool to help meet identified energy efficiency and management goals while deploying life-cycle cost-effective
energy efficiency and clean energy technology and
water conservation measures;
(ii) fulfilling existing agency performance contracting commitments towards the goal of $4 billion in Federal performance-based contracts by the end of calendar year 2016; and
(iii) providing annual agency targets for performance
contracting for energy savings to be implemented in
fiscal year 2017 and annually thereafter as part of the
planning requirements of section 14 of this order;
(l) promote electronics stewardship by establishing,
measuring, and reporting by:

Page 5418

(i) ensuring procurement preference for environmentally sustainable electronic products as established
in subsection (i) of this section;
(ii) establishing and implementing policies to enable
power management, duplex printing, and other energyefficient or environmentally sustainable features on all
eligible agency electronic products; and
(iii) employing environmentally sound practices with
respect to the agency’s disposition of all agency excess
or surplus electronic products.
SEC. 4. Duties of the Chair of the Council on Environmental Quality. In implementing the policy set forth in
section 1 of this order, the Chair of CEQ shall:
(a) in coordination with the Director of OMB, establish a Federal Interagency Sustainability Steering
Committee (Steering Committee) that shall advise the
Director of OMB and the Chair of CEQ on the performance of agency responsibilities under sections 2 and 3 of
this order and shall include the Federal Chief Sustainability Officer referenced in section 6 of this order and
agency Chief Sustainability Officers designated under
sections 7 and 8 of this order;
(b) in coordination with the Director of OMB review
and approve agency-wide scope 1 and 2 and scope 3
greenhouse gas emissions reduction targets developed
under section 2 of this order;
(c) in coordination with the Director of OMB, prepare
streamlined reporting metrics to determine each agency’s progress under sections 2 and 3 of this order;
(d) review and evaluate each agency’s Plan prepared
under section 14 of this order;
(e) within 45 days of the date of this order and thereafter as necessary, after consultation with the Director
of OMB, issue implementing instructions or other guidance to direct agency implementation of this order,
other than instructions within the authority of the Director of OMB to issue under section 5 of this order;
(f) within 150 days of the date of this order, prepare
and issue revised Guiding Principles for both new and
existing Federal buildings including consideration of
climate change resilience and employee and visitor
wellness;
(g) revise, as necessary and in coordination with the
Director of OMB, existing CEQ guidance and implementing instructions on Sustainable Locations for Federal Facilities of September 15, 2011, Sustainable Practices for Designed Landscapes of October 31, 2011, as
supplemented on October 22, 2014, Federal Greenhouse
Gas Accounting and Reporting Guidance [Revision 1] of
June 4, 2012, and Federal Agency Implementation of
Water Efficiency and Management Provisions of
[former] Executive Order 13514 of July 10, 2013 [Oct. 5,
2009];
(h) within 150 days of the date of this order, prepare
and issue guidance to assist agencies in the implementation of section 13 of this order;
(i) identify annually, based on total contract spending in the previous fiscal year as reported in the Federal Procurement Data System, the seven largest Federal procuring agencies responsible for implementation
of section 15(b) of this order;
(j) administer a Presidential leadership award program to recognize exceptional and outstanding performance and excellence in agency efforts to implement this order; and
(k) establish and disband, as appropriate, temporary
interagency working groups to provide recommendations to the Chair of CEQ associated with the goals of
this order, including: grid-based green power; data
quality, collection, and reporting; greenhouse gas emissions associated with the transportation of Federal
freight and cargo; sustainability considerations in resilience planning; agency supply chain climate vulnerability; recycled content paper; green infrastructure;
and carbon uptake accounting and wood products.
SEC. 5. Duties of the Director of the Office of Management and Budget. In implementing the policy set forth
in section 1 of this order, the Director of OMB shall:
(a) issue, after consultation with the Chair of CEQ,
instructions to the heads of agencies concerning peri-

Page 5419

TITLE 42—THE PUBLIC HEALTH AND WELFARE

odic performance evaluation of agency implementation
of this order, including consideration of the results
from section 4(c) of this order;
(b) prepare scorecards providing periodic evaluation
of Principal Agency performance in implementing this
order and publish scorecard results on a publicly available Web site; and
(c) review and approve each agency’s Plan prepared
under section 14 of this order.
SEC. 6. Duties of the Federal Chief Sustainability Officer.
Henceforth, the Federal Environmental Executive is reestablished as the Federal Chief Sustainability Officer
and the Office of the Federal Environmental Executive
is reestablished as the Office of the Chief Sustainability Officer, for which the Environmental Protection
Agency shall provide funding and administrative support and that shall be maintained at CEQ. In implementing the policy set forth in section 1 of this order,
the Federal Chief Sustainability Officer shall:
(a) monitor progress and advise the Chair of CEQ on
agency goals in sections 2 and 3 of this order;
(b) chair, convene, and preside at quarterly meetings;
determine the agenda; and direct the work of the Steering Committee;
(c) lead the development of programs and policies to
assist agencies in implementing the goals of this order
in coordination with DOE, EPA, the General Services
Administration (GSA), and other agencies as appropriate;
(d) coordinate and provide direction to relevant existing workgroups through quarterly meetings to ensure
that opportunities for improvement in implementation
of this order are identified and addressed; and
(e) advise the Chair of CEQ on the implementation of
this order.
SEC. 7. Duties of Principal Agencies. To ensure successful implementation of the policy established in section
1 of this order, the head of each Principal Agency shall:
(a) designate, within 45 days of the date of this order,
an agency Chief Sustainability Officer, who shall be 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,
and report such designation to the Director of OMB and
the Chair of CEQ;
(b) assign the designated official the authority to represent the agency on the Steering Committee established under section 4 of this order and perform such
other duties relating to the implementation of this
order within the agency as the head of the agency
deems appropriate;
(c) prepare and distribute internally, where appropriate, performance evaluations of agency implementation of this order that reflect the contribution of agency services, components, bureaus, and operating divisions to the goals of this order;
(d) ensure, as soon as practicable after the date of
this order, that leases and contracts entered into after
the date of this order for lessor or contractor operation
of Government-owned buildings or vehicles facilitate
the agency’s compliance with this order;
(e) implement opportunities to improve agency fleet
sustainability, including vehicle acquisitions as established in section 3(g) of this order, waiver authority,
and fleet data management practices, by revising agency fleet management review and approval procedures to
include the Chief Sustainability Officers designated
under this section and section 8 of this order;
(f) consider the development of policies to promote
sustainable commuting and work-related travel practices for Federal employees that foster workplace vehicle charging, encourage telecommuting, teleconferencing, and reward carpooling and the use of public
transportation, where consistent with agency authority and Federal appropriations law;
(g) ensure regional agency actions consider and are
consistent with, sustainability and climate preparedness priorities of States, local governments, and tribal
communities where agency facilities are located;
(h) foster outstanding performance and excellence in
agency efforts to implement this order through opportunities such as agency leadership award programs;

§ 4321

(i) continue implementation of formal Environmental
Management Systems (EMS) where those systems have
proven effective and deploy new EMSs where appropriate; and
(j) notwithstanding the limitations on implementation in section 17 of this order, apply, where feasible
and appropriate, the strategies and plans to achieve the
goals of this order in whole or in part with respect to
fueling, operation, and management of tactical or
emergency vehicles and to the activities and facilities
of the agency that are not located within the United
States.
SEC. 8. Duties of Contributing Agencies. Within 45 days
of the date of this order, to ensure successful implementation of the policy established in section 1 of this
order, the head of each contributing agency shall designate an agency Chief Sustainability Officer, who
shall be 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,
and report such designation to the Director of OMB and
the Chair of CEQ.
SEC. 9. Duties of the Agency Chief Sustainability Officers. The Chief Sustainability Officers designated under
sections 7 and 8 of this order shall be responsible for:
(a) ensuring agency policies, plans, and strategies implemented to achieve the goals of this order consider
the role of agency regional facilities and personnel and
are integrated into agency permitting and environmental review policies, programs, and planning;
(b) developing and implementing an agency-wide
strategic process that coordinates appropriate agency
functions and programs to ensure that those functions
and programs consider and address the goals of this
order;
(c) reporting annually to the Chair of CEQ and Director of OMB a comprehensive inventory of progress towards the greenhouse gas emissions goals established
in section 2 of this order;
(d) representing the agency on the Steering Committee;
(e) convening quarterly meetings of agency bureaus,
commands, or operating divisions that are responsible
for the implementation of strategies necessary to meet
the goals of this order;
(f) representing the agency in any requests to the
Chair of CEQ and Director of OMB to amend or normalize a baseline for goals established in this order due to
change of greater than 5 percent as a result of agency
space consolidation, a change in mission tempo, or improved data quality;
(g) providing plans, including the Plan prepared
under section 14 of this order, reports, information, and
assistance necessary to implement this order, to the
Director of OMB, the Chair of CEQ, and the Federal
Chief Sustainability Officer; and
(h) performing such other duties relating to the implementation of this order as the head of the agency
deems appropriate.
SEC. 10. Regional Coordination. Within 180 days of the
date of this order, each EPA and GSA Regional office
shall in coordination with Federal Executive Boards established by the Presidential Memorandum of November 10, 1961 (The Need for Greater Coordination of Regional and Field Activities of the Government), DOD
and other agencies as appropriate, convene regional
interagency workgroups to identify and address:
(a) sustainable operations of Federal fleet vehicles,
including identification and implementation of opportunities to use and share fueling infrastructure and
logistical resources to support the adoption and use of
alternative fuel vehicles, including E–85 compatible vehicles, zero emission and plug-in hybrid vehicles, and
compressed natural gas powered vehicles;
(b) water resource management and drought response
opportunities;
(c) climate change preparedness and resilience planning in coordination with State, local, and tribal communities; and
(d) opportunities for collective procurement of clean
energy to satisfy energy demand for multiple agency
buildings.

§ 4321

TITLE 42—THE PUBLIC HEALTH AND WELFARE

SEC. 11. Employee Education and Training. Within 180
days of the date of this order, the Office of Personnel
Management, in coordination with DOE, GSA, EPA,
and other agencies as appropriate, shall:
(a) consider the establishment of a dedicated Federal
occupational series for sustainability professionals and
relevant positions that directly impact the achievement of Federal sustainability goals and if appropriate,
prepare and issue such occupational series; and
(b) initiate the inclusion of environmental sustainability and climate preparedness and resilience into
Federal leadership and educational programs in courses
and training, delivered through electronic learning, in
classroom settings, and residential centers, particularly developmental training for Senior Executive
Service and GS–15 personnel.
SEC. 12. Supporting the Federal Fleet. (a) GSA shall ensure that vehicles available to agencies for either lease
or sale, at or below market cost, through its vehicle
program include adequate variety and volume of alternative fuel vehicles, including zero emission and plugin hybrid vehicles, to meet the fleet management goals
of this order.
(b) DOE shall assist the United States Postal Service
(USPS) in evaluating the best alternative and advanced
fuel technologies for the USPS fleet and report on such
progress annually as part of the planning requirements
of section 14 of this order.
SEC. 13. Supporting Federal Facility Climate Preparedness and Resilience. The head of each agency shall, consistent with Executive Order 13653 of November 1, 2013,
ensure that agency operations and facilities prepare for
impacts of climate change as part of the planning requirements of section 14 of this order and consistent
with planning required under section 5 of Executive
Order 13653 by:
(a) identifying and addressing projected impacts of
climate change on mission critical water, energy, communication, and transportation demands and considering those climate impacts in operational preparedness
planning for major agency facilities and operations;
and
(b) calculating the potential cost and risk to mission
associated with agency operations that do not take
into account the information collected in subsection
(a) of this section and considering that cost in agency
decision-making.
SEC. 14. Agency Strategic Sustainability Performance
Plan. Beginning in June 2015, and continuing through
fiscal year 2025, the head of each Principal Agency shall
develop, implement, and annually update an integrated
Strategic Sustainability Performance Plan (Plan)
based on guidance prepared by the Chair of CEQ under
section 4 of this order. Contributing agencies are encouraged to prepare a Plan but may limit content of
the Plan to a summary of agency actions to meet the
requirements of this order. Each Principal Agency Plan
and update shall be provided to the Chair of CEQ and
Director of OMB, shall be subject to approval by the Director under section 5 of this order, and shall be made
publicly available on an agency Web site once approved.
SEC. 15. Supply Chain Greenhouse Gas Management. In
implementing the greenhouse gas management policies
in section 1 of this order and to better understand and
manage the implications of Federal supply chain greenhouse gas emissions:
(a) the Chair of CEQ shall, within 30 days of the date
of this order and annually thereafter, identify and publicly release an inventory of major Federal suppliers
using publicly available Federal procurement information, including information as to whether the supplier
has accounted for and publicly disclosed, during the
previous calendar year, annual scope 1 and 2 greenhouse gas emission data and publicly disclosed a greenhouse gas emission reductions target (or targets) for
2015 or beyond; and
(b) the seven largest Federal procuring agencies shall
each submit for consideration, in conjunction with the
planning requirements of section 14 of this order, a plan

Page 5420

to implement at least five new procurements annually
in which the agency may include, as appropriate, contract requirements for vendors or evaluation criteria
that consider contractor emissions and greenhouse gas
emissions management practices. The plans submitted
for consideration may include identification of evaluation criteria, performance period criteria, and contract
clauses that will encourage suppliers to manage and reduce greenhouse gas emissions, and shall be implemented as soon as practicable after any relevant administrative requirements have been met.
SEC. 16. Revocations and Conforming Provisions. (a)
Pursuant to section 742(b) of Public Law 111–117, I have
determined that this order will achieve equal or better
environmental or energy efficiency results than Executive Order 13423. Therefore, Executive Order 13423 of
January 24, 2007, is revoked.
(b) Executive Order 13514 of October 5, 2009; Presidential Memorandum of December 2, 2011 (Implementation of Energy Savings Projects and PerformanceBased Contracting for Energy Savings); section 1 of
Presidential Memorandum of February 21, 2012 (Driving
Innovation and Creating Jobs in Rural America
through Biobased and Sustainable Product Procurement); and Presidential Memorandum of December 5,
2013 (Federal Leadership on Energy Management), are
revoked.
(c) Presidential Memorandum of May 24, 2011 (Federal
Fleet Performance), is revoked as of October 1, 2015.
(d) [Amended Ex. Ord. No. 13327, set out as a note
under section 121 of Title 40, Public Buildings, Property, and Works.]
(e) [Amended Ex. Ord. No. 13432, set out as a note
under section 7521 of this title.]
(f) [Amended Ex. Ord. No. 13653, set out above.]
(g) [Amended Ex. Ord. No. 13677, set out as a note
under section 2151 of Title 22, Foreign Relations and
Intercourse.]
SEC. 17. Limitations. (a) This order shall apply to an
agency with respect to the activities, personnel, resources, 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 with respect
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 determines practicable.
SEC. 18. Exemption Authority. (a) The Director of National 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 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 enforcement activities of that agency, and related personnel,
resources, and facilities, from the provisions of this
order other than this subsection to the extent the head
of an agency determines necessary to protect undercover operations from unauthorized disclosure.
(c) The head of an agency may exempt law enforcement, protective, emergency response, or military tactical vehicle fleets of that agency from the provisions
of this order other than this subsection. Heads of agencies shall manage fleets to which this paragraph 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 where it is in the

Page 5421

TITLE 42—THE PUBLIC HEALTH AND WELFARE

interest of national security. If the head of an agency
issues an exemption under this section, the agency
must notify the Chair of CEQ in writing within 30 days
of issuance of the exemption under this subsection. To
the maximum extent practicable, and without compromising national security, each agency shall strive
to comply with the purposes, goals, and implementation steps in this order.
(e) The head of an agency may submit to the President, through the Chair of CEQ, a request for an exemption of an agency activity, and related personnel, resources, 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 activity 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 energy’’ means energy generated
from technologies and approaches that advance renewable heat sources, including biomass, solar thermal,
geothermal, waste heat, and renewable combined heat
and power processes; combined heat and power; small
modular nuclear reactor technologies; fuel cell energy
systems; and energy generation, where active capture
and storage of carbon dioxide emissions associated with
that energy generation is verified;
(d) ‘‘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 electric vehicles, hybrid electric vehicles, plug-in hybrid
electric vehicles, dedicated alternative fuel vehicles,
dual fueled alternative fuel vehicles, qualified fuel cell
motor vehicles, advanced lean burn technology motor
vehicles, low greenhouse gas vehicles, compressed natural gas powered vehicles, self-propelled vehicles such as
bicycles, and any other alternative fuel vehicles that
are defined by statute;
(e) ‘‘clean energy’’ means renewable electric energy
and alternative energy;
(f) ‘‘climate resilient design’’ means to design assets
to prepare for, withstand, respond to, or quickly recover from disruptions due to severe weather events
and climate change for the intended life of the asset;
(g) ‘‘construction and demolition materials and debris’’ means waste materials and debris generated during construction, renovation, demolition, or dismantling of all structures and buildings and associated infrastructure;
(h) ‘‘Contributing Agencies’’ are defined as executive
agencies that are not subject to the Chief Financial Officers Act [of 1990] and include Federal Boards, Commissions, and Committees;
(i) ‘‘divert’’ or ‘‘diverting’’ means redirecting materials from disposal in landfills or incinerators to recycling or recovery, excluding diversion to waste-to-energy facilities;
(j) ‘‘environmentally preferable’’ means products or
services that have a lesser or reduced effect on human
health and the environment when compared with competing products or services that serve the same purpose. This comparison may consider raw materials acquisition, production, manufacturing, packaging, distribution, reuse, use, operation, maintenance, or disposal related to the product or service;
(k) ‘‘excluded vehicles and equipment’’ means any vehicle, vessel, aircraft, or non-road equipment owned or
operated by an agency of the Federal Government that
is used in combat support, combat service support, tactical or relief operations, or training for such operations or spaceflight vehicles (including associated
ground-support equipment);
(l) ‘‘Federal facility’’ means any building or collection of buildings, grounds, or structures, as well as any
fixture or part thereof, which is owned by the United
States or any Federal agency or that is held by the
United States or any Federal agency under a lease-acquisition agreement under which the United States or

§ 4321

a Federal agency will receive fee simple title under the
terms of such agreement without further negotiation;
(m) ‘‘greenhouse gases’’ means carbon dioxide, methane,
nitrous
oxide,
hydrofluorocarbons,
perfluorocarbons, nitrogen triflouride [sic], and sulfur
hexafluoride;
(n) ‘‘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);
(o) ‘‘net-zero energy building’’ means a building that
is designed, constructed, or renovated and operated
such that the actual annual source energy consumption
is balanced by on-site renewable energy;
(p) ‘‘net-zero water building’’ means a building that is
designed, constructed, or renovated and operated to
greatly reduce total water consumption, use non-potable sources as much as possible, and recycle and reuse
water in order to return the equivalent amount of
water as was withdrawn from all sources, including municipal supply, without compromising groundwater and
surface water quantity or quality;
(q) ‘‘net-zero waste building’’ means a building that is
operated to reduce, reuse, recycle, compost, or recover
solid waste streams (with the exception of hazardous
and medical waste) thereby resulting in zero waste disposal;
(r) ‘‘passenger vehicle’’ means a sedan or station
wagon designed primarily to transport people as defined in [section] 102–34.35 of the Federal Management
Regulation;
(s) ‘‘power usage effectiveness’’ means the ratio obtained by dividing the total amount of electricity and
other power consumed in running a data center by the
power consumed by the information and communications technology in the data center;
(t) ‘‘Principal Agencies’’ mean agencies subject to the
Chief Financial Officers Act [of 1990] and agencies subject to the OMB Scorecard process under section 5(b) of
this order;
(u) ‘‘renewable energy certificate’’ means the technology and environmental (non-energy) attributes that
represent proof that 1 megawatt-hour (MWh) of electricity was generated from an eligible renewable energy resource, that can be sold separately from the underlying generic electricity with which they are associated, and that, for the purposes of section 3(d)(iii) and
(iv) of this order, were produced by sources of renewable energy placed into service within 10 years prior to
the start of the fiscal year;
(v) ‘‘renewable electric energy’’ means energy produced by solar, wind, biomass, landfill gas, ocean (including tidal, wave, current, and thermal), geothermal,
geothermal heat pumps, microturbines, municipal solid
waste, or new hydroelectric generation capacity
achieved from increased efficiency or additions of new
capacity at an existing hydroelectric project;
(w) ‘‘resilience’’ means the ability to anticipate, prepare for, and adapt to changing conditions and withstand, respond to, and recover rapidly from disruptions;
(x) ‘‘scope 1, 2, and 3’’ mean:
(i) scope 1: direct greenhouse gas emissions from
sources that are owned or controlled by the agency;
(ii) scope 2: direct greenhouse gas emissions resulting from the generation of electricity, heat, or steam
purchased by an agency;
(iii) scope 3: greenhouse gas emissions from sources
not owned or directly controlled by an agency but related to agency activities such as vendor supply
chains, delivery and transportation services, and employee travel and commuting;
(y) ‘‘United States’’ 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;
(z) ‘‘water balance’’ means a comparison of the water
supplied to a defined system to the water consumed by
that system in order to identify the proportion of water
consumed for specific end-uses and ensure potential
water leaks in the system are addressed; and

§ 4331

TITLE 42—THE PUBLIC HEALTH AND WELFARE

(aa) ‘‘zero emission vehicle’’ means a vehicle that
produces zero exhaust emissions of any criteria pollutant (or precursor pollutant) or greenhouse gas under
any possible operational modes or conditions.
SEC. 20. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department, agency, or the head thereof; or
(ii) the functions of the Director of OMB relating to
budgetary, administrative, or legislative proposals.
(b) This order shall be implemented in a manner consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create
any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the
United States, its departments, agencies, or entities,
its officers, employees, or agents, or any other person.
BARACK OBAMA.

SUBCHAPTER I—POLICIES AND GOALS
§ 4331. Congressional declaration of national environmental policy
(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 chapter, it is the continuing responsibility
of the Federal Government to use all practicable
means, consistent with other essential considerations of national policy, to improve and coordinate Federal plans, functions, programs, and resources to the end that the Nation may—
(1) fulfill the responsibilities of each generation as trustee of the environment for succeeding generations;
(2) assure for all Americans safe, healthful,
productive, and esthetically and culturally
pleasing surroundings;
(3) attain the widest range of beneficial uses
of the environment without degradation, risk
to health or safety, or other undesirable and
unintended consequences;
(4) preserve important historic, cultural, and
natural aspects of our national heritage, and
maintain, wherever possible, an environment
which supports diversity and variety of individual choice;
(5) achieve a balance between population and
resource use which will permit high standards
of living and a wide sharing of life’s amenities;
and
(6) enhance the quality of renewable resources and approach the maximum attainable
recycling of depletable resources.

Page 5422

(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.
(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, established the Commission on Population Growth and
the American Future to conduct and sponsor such studies and research and make such recommendations as
might be necessary to provide information and education 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 implications 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 lesser number to conduct hearings; prescribed the compensation of members of the Commission; required the
Commission to conduct an inquiry into certain prescribed 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; authorized the Commission to enter into contracts with public agencies, private firms, institutions, and individuals
for the conduct of research and surveys, the preparation 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 administrative services for the Commission on a reimbursable basis; required the Commission to submit an interim report to the President and the Congress one
year after it was established and to submit its final report two years after Mar. 16, 1970; terminated the Commission 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 appropriated, 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, formerly 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 revoked 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; availability of information; recommendations;
international and national coordination of
efforts
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 chapter,
and (2) all agencies of the Federal Government
shall—
(A) utilize a systematic, interdisciplinary
approach which will insure the integrated use