USGS Guide to Federal Environmental Laws and Regulations

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MISCELLANEOUS ACTS

 

 

Table of Contents

Applicable Statutes

National Environmental Policy Act, (PL 91-190; 42 U.S.C. 4321-4370d)

Freedom of Information Act, (5 U.S.C. 552)

National Environmental Policy Act (PL 91-190; 42 U.S.C. 4321-4370d)

The National Environmental Policy Act (NEPA) was signed into law in 1970 by President Nixon. NEPA acts as a stop and think statute for projects that may affect the environment. NEPA requires that Federal agencies stop and consider the potential effects of actions that might adversely affect the environment, and consider possible alternative courses of action to reduce impacts, before approving the project.

Federal agencies are required to prepare various reports, the most significant being an Environmental Impact Statement, or EIS, for all "major Federal actions significantly affecting the quality of the human environment". Special attention must be paid to each of the words in the above phrase. Decisions must be made as to whether each action is major, is significant in its effects, and how the quality of the human environment is influenced.

Often, an environmental assessment (EA) is prepared to determine whether or not an environmental impact statement (EIS) will be required. EAs include brief discussions of the environmental impacts of and alternatives to a proposed project. If an EA indicates that no significant impact will occur, then a Finding of No Significant Impact (FONSI) may be issued which presents the reasons why the action will not produce significant environmental impacts.

< However, if there is any reason to believe adverse effects to the environment will result, then an EIS must be prepared. An EIS is an often extensive document which must describe the environmental impacts of the proposed action, the adverse environmental impacts which cannot be avoided, the reasonable alternatives to the proposed action, the relationship between short term uses and long term productivity of the environment and any irreversible commitments of resources involved in the proposed action. Often the EIS process may involve several drafts of the document before a final EIS is produced.

Even with the requirements for environmental documents such as the EIS, NEPA offers no enforcement mechanism for its provisions. If an action is shown to cause great harm to the environment there is no requirement for that action to be canceled, or even changed. The EIS merely mandates that Federal agencies think about the consequences of their actions and possible alternatives.

Finally, NEPA required the establishment of the Council on Environmental Quality (CEQ). The CEQ has several duties which are to assist and advise the President in preparation of a national environmental quality report, to gather information on conditions of and trends in environmental quality, to evaluate federal programs in light of NEPA goals, to develop and promote policies for improving environmental quality, to conduct studies relating to environmental quality, and to report annually on the state of the environment.

Further information on NEPA and its relation to USGS activities can be found on the Environmental Affairs Program home page.

Freedom of Information Act, (5 U.S.C. 552)

The Freedom of Information Act (FOIA) allows for the release of Federal government information to the general populace. Most government documents may be distributed so that the American citizenry may have a better understanding of the government process. FOIA results as an offshoot of the democratic process, where a largely free-exchange of information between the government and those governed is an inherent rule.

As an employee of a Federal agency, a person may assume the roles of requesting government information from say, other agencies, and of disclosing information to others who have requested it. As a person requesting information, any items may be requested. However, it is up to the agency receiving the request to decide whether or not to release the information. The particular decision to withhold information must be based on at least one of a number of exemptions. It is prudent to keep these exemptions in mind when acting either as the requester or distributor of Federal government information.

According to Chapter 5 of the Department of the Interior Departmental Manual, possible exemptions to FOIA are as follows:

• Matters of National Defense or Foreign Policy
• Internal Personnel
• Rules and Practices
• Information Exempted by Other Statutes
• Trade Secrets, Commercial or Financial Information (Confidential Business Information)
• Privileged Interagency or Intraagency Memoranda or Letter
• Personal Information Affecting an Individual's Privacy
• Records of Financial Institutions
• Geological and Geophysical
• Information Concerning Wells
  

All FOIA requests are to be provided free of charge and within a reasonable time span, which is often determined by the courts. Although these exemptions exist, the main intention of the Act is to release all Federal information feasibly possible. Best judgement should be used by the agency from which the information is requested in order to insure that the public stays wells informed, without any threat to the welfare of the nation or any individual.

Further information regarding FOIA, including more detailed descriptions of the various exemptions, is available through the Environmental Affairs Program home page.