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8000 - Miscellaneous Statutes and Regulations
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NATIONAL ENVIRONMENTAL POLICY ACT OF 1969
AN ACT
To establish a national policy for the environment, to
provide for the establishment of a Council on Environmental Quality,
and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That this Act
may be cited as the "National Environmental Policy Act of 1969".
PURPOSE
SEC. 2. [4321] The purposes of this Act are:
To declare a national policy which will encourage productive and
enjoyable harmony between man and his environment; to promote efforts
which will prevent or eliminate damage to the environment and biosphere
and stimulate the health and welfare of man; to enrich the
understanding of the ecological systems and natural resources important
to the Nation; and to establish a Council on Environmental Quality.
[Codified to 42 U.S.C. 4321]
[Source: Section 2 of the Act of January 1, 1970 (Pub. L. No.
91--190; 83 Stat. 852), effective January 1, 1970]
TITLE I
DECLARATION OF NATIONAL ENVIRONMENTAL
POLICY
SEC. 101. [4331] (a) The Congress,
recognizing the profound impact of man's activity on the interrelations
of all components of the natural environment, particularly the profound
influences of population growth, high-density urbanization, industrial
expansion, resource exploitation, and new and expanding technological
advances and recognizing further the critical importance of restoring
and maintaining environmental quality to the overall welfare and
development of man, declares that it is the continuing policy of the
Federal Government, in cooperation with State and local governments,
and other concerned public and private organizations, to use all
practicable means and measures, including financial and technical
assistance, in a manner calculated to foster and promote the general
welfare, to create and maintain conditions under which man and nature
can exist in productive harmony, and fulfill the social, economic, and
other requirements of present and future generations of Americans.
(b) In order to carry out the policy set forth in this Act, it is
the continuing responsibility of the Federal Government to use all
practicable means, consistent with other essential considerations of
national policy, to improve and coordinate Federal plans, functions,
programs, and resources to the end that the Nation may--
(1) fulfill the responsibilities of each generation as trustee of
the environment for succeeding generations;
(2) assure for all Americans safe, healthful, productive, and
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.
{{10-15-90 p.8810}}
(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.
[Codified to 42 U.S.C. 4331]
[Source: Section 101 of title I of the Act of January 1, 1970
(Pub. L. No. 91--190; 83 Stat. 852), effective January 1,
1970]
SEC. 102. [4332] The Congress authorizes and
directs that, to the fullest extent possible: (1) the policies,
regulations, and public laws of the United States shall be interpreted
and administered in accordance with the policies set forth in this Act,
and (2) all agencies of the Federal Government shall--
(A) utilize a systematic, interdisciplinary approach which will
insure the integrated use of the natural and social sciences and the
environmental design arts in planning and in decisionmaking which may
have an impact on man's environment;
(B) identify and develop methods and procedures, in consultation
with the Council on Environmental Quality established by title II of
this Act, which will insure that presently unquantified environmental
amenities and values may be given appropriate consideration in
decisionmaking along with economic and technical considerations;
(C) include in every recommendation or report on proposals for
legislation and other major Federal actions significantly affecting the
quality of the human environment, a detailed statement by the
responsible official on--
(i) the environmental impact of the proposed action,
(ii) any adverse environmental effects which cannot be avoided
should the proposal be implemented,
(iii) alternatives to the proposed action,
(iv) the relationship between local short-term uses of man's
environment and the maintenance and enhancement of long-term
productivity, and
(v) any irreversible and irretrievable commitments of resources
which would be involved in the proposed action should it be
implemented.
Prior to making any detailed statement, the responsible Federal
official shall consult with and obtain the comments of any Federal
agency which has jurisdiction by law or special expertise with respect
to any environmental impact involved. Copies of such statement and the
comments and views of the appropriate Federal, State, and local
agencies, which are authorized to develop and enforce environmental
standards, shall be made available to the President, the Council on
Environmental Quality and to the public as provided by
section 552 of title 5, United
States Code, and shall accompany the proposal through the existing
agency review processes;
(D) Any detailed statement required under subparagraph (C) after
January 1, 1970, for any major Federal action funded under a program of
grants to States shall not be deemed to be legally insufficient solely
by reason of having been prepared by a State agency or official, if:
(i) the State agency or official has statewide jurisdiction and
has the responsibility for such action,
(ii) the responsible Federal official furnishes guidance and
participates in such preparation,
(iii) the responsible Federal official independently evaluates
such statement prior to its approval and adoption, and
(iv) after January 1, 1976, the responsible Federal official
provides early notification to, and solicits the views of, any other
State or any Federal land management entity of any action or any
alternative thereto which may have significant impacts upon such State
or affected Federal land management entity and, if there is any
disagreement on such impacts, prepares a written assessment of such
impacts and views for incorporation into such detailed statement.
The procedures in this subparagraph shall not relieve the Federal
official of his responsibilities for the scope, objectivity, and
content of the entire statement or of any
{{10-15-90 p.8811}}other
responsibility under this Act; and further, this subparagraph does not
affect the legal sufficiency of statements prepared by State agencies
with less than statewide jurisdiction.[;]
(E) study, develop, and describe appropriate alternatives to
recommended courses of action in any proposal which involves unresolved
conflicts concerning alternative uses of available resources;
(F) recognize the worldwide and long-range character of
environmental problems and, where consistent with the foreign policy of
the United States, lend appropriate support to initiatives,
resolutions, and programs designed to maximize international
cooperation in anticipating and preventing a decline in the quality of
mankind's world environment;
(G) make available to States, counties, municipalities,
institutions, and individuals, advice and information useful in
restoring, maintaining, and enhancing the quality of the environment;
(H) initiate and utilize ecological information in the planning
and development of resource-oriented projects; and
(I) assist the Council on Environmental Quality established by
title II of this Act.
[Codified to 42 U.S.C. 4332]
[Source: Section 102 of title I of the Act of January 1, 1970
(Pub. L. No. 91--190; 83 Stat. 853), effective January 1, 1970; as
amended by the Act of August 9, 1975 (Pub. L. No. 94--83; 89 Stat.
424), effective August 9, 1975]
SEC. 103. [4333] All agencies of the Federal
Government shall review their present statutory authority,
administrative regulations, and current policies and procedures for the
purpose of determining whether there are any deficiencies or
inconsistencies therein which prohibit full compliance with the
purposes and provisions of this Act and shall propose to the President
not later than July 1, 1971, such measures as may be necessary to bring
their authority and policies into conformity with the intent, purposes,
and procedures set forth in this Act.
[Codified to 42 U.S.C. 4333]
[Source: Section 103 of title I of the Act of January 1, 1970
(Pub. L. No. 91--190; 83 Stat. 854), effective January 1,
1970]
SEC. 104. [4334] Nothing in Section 102 or
103 shall in any way affect the specific statutory obligations of any
Federal agency (1) to comply with criteria or standards of
environmental quality, (2) to coordinate or consult with any other
Federal or State agency, or (3) to act, or refrain from acting
contingent upon the recommendations or certification of any other
Federal or State agency.
[Codified to 42 U.S.C. 4334]
[Source: Section 104 of title I of the Act of January 1, 1970
(Pub. L. No. 91--190; 83 Stat. 854), effective January 1,
1970]
SEC. 105. [4335] The policies and goals set
forth in this Act are supplementary to those set forth in existing
authorizations of Federal agencies.
[Codified to 42 U.S.C. 4335]
[Source: Section 105 of title I of the Act of January 1, 1970
(Pub. L. No. 91--190; 83 Stat. 854), effective January 1, 1970]
TITLE II
COUNCIL ON ENVIRONMENTAL QUALITY
SEC. 201. [4341] The President shall
transmit to the Congress annually beginning July 1, 1970, an
Environmental Quality Report (hereinafter referred to as the
"report") which shall set forth (1) the status and condition of
the major natural, manmade, or altered environmental classes of the
Nation, including, but not limited to, the air, the aquatic, including
marine, estuarine, and fresh water, and the terrestrial environment,
including,
{{10-15-90 p.8812}}but not
limited to, the forest, dryland, wetland, range, urban, suburban, and
rural environment; (2) current and foreseeable trends in the quality,
management and utilization of such environments and the effects of
those trends on the social, economic, and other requirements of the
Nation; (3) the adequacy of available natural resources for fulfilling
human and economic requirements of the Nation in the light of expected
population pressures; (4) a review of the programs and activities
(including regulatory activities) of the Federal Government, the State
and local governments, and nongovernmental entities or individuals,
with particular reference to their effect on the environment and on the
conservation, development and utilization of natural resources; and (5)
a program for remedying the deficiencies of existing programs and
activities, together with recommendations for legislation.
[Codified to 42 U.S.C. 4341]
[Source: Section 201 of title II of the Act of January 1, 1970
(Pub. L. No. 91--190; 83 Stat. 854), effective January 1,
1970]
SEC. 202. [4342] There is created in the
Executive Office of the President a Council on Environmental Quality
(hereinafter referred to as the "Council"). The Council shall be
composed of three members who shall be appointed by the President to
serve at his pleasure, by and with the advice and consent of the
Senate. The President shall designate one of the members of the Council
to serve as Chairman. Each member shall be a person who, as a result of
his training, experience, and attainments, is exceptionally well
qualified to analyze and interpret environmental trends and information
of all kinds; to appraise programs and activities of the Federal
Government in the light of the policy set forth in title I of this Act;
to be conscious of and responsive to the scientific, economic, social,
esthetic, and cultural needs and interests of the Nation; and to
formulate and recommend national policies to promote the improvement of
the quality of the environment.
[Codified to 42 U.S.C. 4342]
[Source: Section 202 of title II of the Act of January 1, 1970
(Pub. L. No. 91--190; 83 Stat. 854), effective January 1,
1970]
SEC. 203. [4343] (a) The council may employ
such officers and employees as may be necessary to carry out its
functions under this Act. In addition, the Council may employ and fix
the compensation of such experts and consultants as may be necessary
for the carrying out of its functions under this Act, in accordance
with section 3109 of title 5, United States Code (but without regard to
the last sentence thereof).
(b) Notwithstanding section 3679(b) of the Revised Statutes (31
U.S.C. 665(b)), the Council may accept and employ voluntary and
uncompensated services in furtherance of the purposes of the Council.
[Codified to 42 U.S.C. 4343]
[Source: Section 203 of title II of the Act of January 1, 1970
(Pub. L. No. 91--190; 83 Stat 855), effective January 1, 1970, as
amended by section 2 of the Act of July 3, 1975 (Pub. L. No. 94--52; 89
Stat. 258), effective July 3, 1975]
SEC. 204. [4344] It shall be the duty and
function of the Council--
(1) to assist and advise the President in the preparation of the
Environmental Quality Report required by section 201;
(2) to gather timely and authoritative information concerning the
conditions and trends in the quality of the environment both current
and prospective, to analyze and interpret such information for the
purpose of determining whether such conditions and trends are
interfering, or are likely to interfere, with the achievement of the
policy set forth in title I of this Act, and to compile and submit to
the President studies relating to such conditions and trends;
(3) to review and appraise the various programs and activities of
the Federal Government in the light of the policy set forth in title I
of this Act for the purpose of
{{10-15-90 p.8813}}determining the extent to which such programs
and activities are contributing to the achievement of such policy, and
to make recommendations to the President with respect thereto;
(4) to develop and recommend to the President national policies
to foster and promote the improvement of environmental quality to meet
the conservation, social, economic, health, and other requirements and
goals of the Nation;
(5) to conduct investigations, studies, surveys, research, and
analyses relating to ecological systems and environmental quality;
(6) to document and define changes in the natural environment,
including the plant and animal systems, and to accumulate necessary
data and other information for a continuing analysis of these changes
or trends and an interpretation of their underlying causes;
(7) to report at least once each year to the President on the
state and condition of the environment; and
(8) to make and furnish such studies, reports thereon, and
recommendations with respect to matters of policy and legislation as
the President may request.
[Codified to 42 U.S.C. 4344]
[Source: Section 204 of title II of the Act of January 1, 1970
(Pub. L. No. 91--190; 83 Stat 855), effective January 1,
1970]
SEC. 205. [4345] In exercising its
powers, functions, and duties under this Act, the Council shall—
(1) consult with the Citizens' Advisory Committee on
Environmental Quality established by Executive Order numbered 11472,
dated May 29, 1969, and with such representatives of science, industry,
agriculture, labor, conservation organizations, State and local
governments and other groups, as it deems advisable; and
(2) utilize, to the fullest extent possible, the services,
facilities, and information (including statistical information) of
public and private agencies and organizations, and individuals, in
order that duplication of effort and expense may be avoided, thus
assuring that the Council's activities will not unnecessarily overlap
or conflict with similar activities authorized by law and performed by
established agencies.
[Codified to 42 U.S.C. 4345]
[Source: Section 205 of title II of the Act of January 1, 1970
(Pub. L. No. 91--190; 83 Stat 855), effective January 1,
1970]
SEC. 206. [4346] Members of the
Council shall serve full time and the Chairman of the Council shall be
compensated at the rate provided for Level II of the Executive Schedule
Pay Rates (5 U.S.C. 5313). The other members of the Council shall be
compensated at the rate provided for Level IV of the Executive Schedule
Pay Rates (5 U.S.C. 5315).
[Codified to 42 U.S.C. 4346]
[Source: Section 206 of title II of the Act of January 1, 1970
(Pub. L. No. 91--190; 83 Stat. 856), effective January 1,
1970]
SEC. 207. [4346a] Travel reimbursement by
private organizations and Federal, State, and local governments
The Council may accept reimbursements from any private nonprofit
organization or from any department, agency, or instrumentality of the
Federal Government, any State, or local government, for the reasonable
travel expenses incurred by an officer or employee of the Council in
connection with his attendance at any conference, seminar, or similar
meeting conducted for the benefit of the Council.
[Codified to 42 U.S.C. 4346a]
{{10-15-90 p.8814}}
[Source: Section 207 of title II of the Act of January 1, 1970
(Pub. L. No. 91--190), effective January 1, 1970, as added by section 3
of the Act of July 3, 1975 (Pub. L. No. 94--52; 89 Stat. 258) effective
July 3, 1975]
SEC. 208. [4346b] Expenditures in support of
international travel
The Council may make expenditures in support of its international
activities, including expenditures for: (1) international travel; (2)
activities in implementation of international agreements; and (3) the
support of international exchange programs in the United States and in
foreign countries.
[Codified to 42 U.S.C. 4346b]
[Source: Section 208 of title II of the Act of January 1, 1970
(Pub. L. No. 91--190), effective January 1, 1970, as added by section 3
of the Act of July 3, 1975 (Pub. L. No. 94--52; 89 Stat. 258),
effective July 3, 1975]
SEC. 209. [4347] There are
authorized to be appropriated to carry out the provisions of this Act
not to exceed $300,000 for fiscal year 1970, $700,000 for fiscal year
1971, and $1,000,000 for each fiscal year thereafter.
[Codified to 42 U.S.C. 4347]
[Source: Section 209 [Formerly Section 207] of title II of the
Act of January 1, 1970 (Pub. L. No. 91--190; 83 Stat 856), effective
January 1, 1970, as amended by section 3 of the Act of July 3, 1975
(Pub. L. No. 94--52; 89 Stat. 258), effective July 3,
1975]
SEC. 4361. Plan for research, development and
demonstration
The Administrator of the Environmental Protection Agency shall
transmit to the Congress, within 6 months after the date of enactment
of this Act [enacted Oct. 11, 1976], a comprehensive 5-year plan for
environmental research, development, and demonstration. This plan shall
be appropriately revised annually, and such revisions shall be
transmitted to the Congress no later than two weeks after the President
submits his annual budget to the Congress in such year.
[Codified to 42 U.S.C. 4361]
[Source: The Act of January 1, 1970 (Pub. L. No. 91--190),
effective January 1, 1970, as added by section 5 of the Act of October
11, 1976 (Pub. L. No. 94--475; 90 Stat. 2071), effective October 11,
1976]
SEC. 4361a. Budget projections in annual
revisions of plan for research, development, and demonstration
The Administrator of the Environmental Protection Agency, in each
annual revision of the five-year plan transmitted to the Congress under
section 5 of Public Law 94--475 shall include budget projections for a
"no-growth" budget, for a "moderate-growth" budget, and for
a "high-growth" budget. In addition, each such annual revision
shall include a detailed explanation of the relationship of each budget
projection to the existing laws which authorize the Administration's
environmental research, development, and demonstration programs.
[Codified to 42 U.S.C. 4361a]
[Source: The Act of January 1, 1970 (Pub. L. No.
91--190), effective January 1, 1970, as added by section 4 of the Act
of November 8, 1977 (Pub. L. No. 95--155; 91 Stat. 1258), effective
November 8, 1977]
{{10-15-90 p.8815}}
SEC. 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
The Administrator of the Environmental Protection Agency shall
implement the recommendations of the report prepared for the House
Committee on Science and Technology entitled "The Environmental
Protection Agency Research Program with primary emphasis on the
Community Health and Environmental Surveillance System (CHESS): An
Investigative Report", unless for any specific recommendation he
determines (1) that such recommendation has been implemented, (2) that
implementation of such recommendation would not enhance the quality of
the research, or (3) that implementation of such recommendation will
require funding which is not available. Where such funding is not
available, the Administrator shall request the required authorization
or appropriation for such implementation. The Administrator shall
report the status of such implementation in each annual revision of the
five-year plan transmitted to the Congress under section 5 of Public
Law 94--475.
[Codified to 42 U.S.C. 4361b]
[Source: The Act of January 1, 1970 (Pub. L. No. 91--190),
effective January 1, 1970, as added by section 10 of the Act of
November 8, 1977 (Pub. L. No. 95--155; 91 Stat. 1262), effective
November 8, 1977]
SEC. 4361c. Staff management
(a) Appointments for educational programs. (1) The
Administrator is authorized to select and appoint up to 75 full-time
permanent staff members in the Office of Research and Development to
pursue full-time educational programs for the purpose of (A) securing
an advanced degree or (B) securing academic training, for the purpose
of making a career change in order to better carry out the Agency's
research mission.
(2) The Administrator shall select and appoint staff members for
these assignments according to rules and criteria promulgated by him.
The Agency may continue to pay the salary and benefits of the
appointees as well as reasonable and appropriate relocation expenses
and tuition.
(3) The term of each appointment shall be for up to one year,
with a single renewal of up to one year in appropriate cases at the
discretion of the Administrator.
(4) Staff members appointed to this program shall not count
against any Agency personnel ceiling during the term of their
appointment.
(b) Post-doctoral research fellows. (1) The
Administrator is authorized to appoint up to 25 Post-doctoral Research
Fellows in accordance with the provisions of section 213.3102(aa) of
title 5 of the Code of Federal Regulations.
(2) Persons holding these appointments shall not count against
any personnel ceiling of the Agency.
(c) Non-government research associates. (1) The
Administrator is authorized and encouraged to utilize research
associates from outside the Federal Government in conducting the
research, development, and demonstration programs of the agency.
(2) These persons shall be selected and shall serve according to
rules and criteria promulgated by the Administrator.
(d) Women and minority groups. For all programs in this
section, the Administrator shall place special emphasis on providing
opportunities for education and training of women and minority groups.
[Codified to 42 U.S.C. 4361c]
[Source: The Act of January 1, 1970 (Pub. L. No.
91--190), effective January 1, 1970, as added by section 6 of the Act
of October 18, 1978 (Pub. L. No. 95--477; 92 Stat. 1510), effective
October 18, 1978]
{{10-15-90 p.8816}}
SEC. 4362. Interagency cooperation on prevention of
environmental cancer and heart and lung disease
(a) Not later than three months after the date of enactment of this
section [enacted Aug. 7, 1977], there shall be established a Task
Force on Environmental Cancer and Heart and Lung Disease (hereinafter
referred to as the "Task Force"). The Task Force shall include
representatives of the Environmental Protection Agency, the National
Cancer Institute, the National Heart, Lung, and Blood Institute, the
National Institute of Occupational Safety and Health, and the National
Institute on Environmental Health Sciences, and shall be chaired by the
Administrator (or his delegate).
(b) The Task Force shall--
(1) recommend a comprehensive research program to determine and
quantify the relationship between environmental pollution and human
cancer and heart and lung disease;
(2) recommend comprehensive strategies to reduce or eliminate the
risks of cancer or such other diseases associated with environmental
pollution;
(3) recommend research and such other measures as may be
appropriate to prevent or reduce the incidence of environmentally
related cancer and heart and lung diseases;
(4) coordinate research by, and stimulate cooperation between,
the Environmental Protection Agency, the Department of Health,
Education, and Welfare [Department of Health and Human Services], and
such other agencies as may be appropriate to prevent environmentally
related cancer and heart and lung diseases; and
(5) report to Congress, not later than one year after the date of
enactment of this section [enacted Aug. 7, 1977] and annually
thereafter, on the problems and progress in carrying out this section.
[Codified to 42 U.S.C. 4362]
[Source: The Act of January 1, 1970 (Pub. L. No. 91--190),
effective January 1, 1970, as added by section 402 of title IV of the
Act of August 7, 1977 (Pub. L. No. 95--95; 91 Stat. 791), effective
August 7, 1977]
SEC. 4362a. Task Force on Environmental Cancer and
Heart and Lung Disease; membership of Director of National Center for
Health Statistics and of head of Center for Disease Control
The Director of the National Center for Health Statistics and the
head of the Center for Disease Control (or the successor to such
entity) shall each serve as members of the Task Force on Environmental
Cancer and Heart and Lung Disease established under section 402 of
Public Law 95--95.
[Codified to 42 U.S.C. 4362a]
[Source: The Act of January 1, 1970 (Pub. L. No. 91--190),
effective January 1, 1970, as added by section 9 of the Act of November
9, 1978 (Pub. L. No. 95--623; 92 Stat. 3455), effective November 9,
1978]
SEC. 4363. Continuing and long-term environmental
research and development
The Administrator shall establish a separately identified program of
continuing, long-term environmental research and development for each
activity listed in subsection (a) of this section. Unless otherwise
specified by law, at least 15 per centum of funds appropriated to the
Administrator for environmental research and development for each
activity listed in subsection (a) of this section shall be obligated
and expended for such long-term environmental research and development
under this subsection.
[Codified to 42 U.S.C. 4363]
[Source: The Act of January 1, 1970 (Pub. L. No.
91--190), effective January 1, 1970, as added by section 2(f) of the
Act of December 22, 1980 (Pub. L. No. 96--569; 94 Stat. 3337),
effective December 22, 1980]
{{2-28-95 p.8817}}
SEC. 4363a. Pollution control technologies
demonstrations
(1) The Administrator shall continue to be responsible for
conducting and shall continue to conduct full-scale demonstrations of
energy-related pollution control technologies as necessary in his
judgment to fulfill the provisions of the Clean Air Act as amended, the
Federal Water Pollution Control Act as amended, and other pertinent
pollution control statutes.
(2) Energy-related environmental protection projects authorized
to be administered by the Environmental Protection Agency under this
Act shall not be transferred administratively to the Department of
Energy or reduced through budget amendment. No action shall be taken
through administrative or budgetary means to diminish the ability of
the Environmental Protection Agency to initiate such projects.
[Codified to 42 U.S.C. 4363a]
[Source: The Act of January 1, 1970 (Pub. L. No.
91--190), effective January 1, 1970, as added by section 2(d) of the
Act of April 7, 1980 (Pub. L. No. 96--229; 94 Stat. 327), effective
April 7, 1980]
SEC. 4364. Expenditure of funds for research and
development related to regulatory program activities
(a) Coordination, etc., with research needs and priorities of
program offices and Environmental Protection Agency. The
Administrator of the Environmental Protection Agency shall assure that
the expenditure of any funds appropriated pursuant to this Act or any
other provision of law for environmental research and development
related to regulatory program activities shall be coordinated with and
reflect the research needs and priorities of the program offices, as
well as the overall research needs and priorities of the Agency,
including those defined in the five-year research plan.
(b) Program offices subject to coverage. For purposes of
subsection (a), the appropriate program offices are--
(1) the Office of Air and Waste Management, for air quality
activities;
(2) the Office of Water and Hazardous Materials, for water
quality activities and water supply activities;
(3) the Office of Pesticides, for environmental effects of
pesticides;
(4) the Office of Solid Waste, for solid waste activities;
(5) the Office of Toxic Substances, for toxic substance
activities;
(6) the Office of Radiation Programs, for radiation activities;
and
(7) the Office of Noise Abatement and Control, for noise
activities.
(c) Report to Congress; contents. The Administrator
shall submit to the President and the Congress a report concerning the
most appropriate means of assuring, on a continuing basis, that the
research efforts of the Agency reflect the needs and priorities of the
regulatory program offices, while maintaining a high level of
scientific quality. Such report shall be submitted on or before March
31, 1978.
[Codified to 42 U.S.C. 4364]
[Source: The Act of January 1, 1970 (Pub. L. No.
91--190), effective January 1, 1970, as added by section 7 of the Act
of November 8, 1977 (Pub. L. No. 95--155; 91 Stat. 1259), effective
November 8, 1977]
SEC. 4365. Science Advisory Board
(a) Establishment; requests for advice by Administrator
of Environmental Protection Agency and Congressional committees.
The Administrator of the Environmental Protection Agency shall
establish a Science Advisory Board which shall provide such scientific
advice as may be requested by the Administrator, the Committee on
Environment and Public Works of the United States Senate, or the
Committees on Science, Space, and Technology, on Energy and
Commerce, or on Public Works and Transportation of the House of
Representatives.
{{2-28-95 p.8818}}
(b) Membership; Chairman; meetings; qualifications of
members. Such Board shall be composed of at least nine members,
one of whom shall be designated Chairman, and shall meet at such times
and places as may be designated by the Chairman of the Board in
consultation with the Administrator. Each member of the Board shall be
qualified by education, training, and experience to evaluate scientific
and technical information on matters referred to the Board under this
section.
(c) Review and comment on plan for research, development, and
demonstration and annual revisions; transmission to Congress. In
addition to providing scientific advice when requested by the
Administrator under subsection (a), the Board shall review and comment
on the Administration's five-year plan for environmental research,
development, and demonstration provided for by section 5 of Public Law
94--475 and on each annual revision thereof. Such review and comment
shall be transmitted to the Congress by the Administrator, together
with his comments thereon, at the time of the transmission to the
Congress of the annual revision involved.
(d) [Repealed]
(e) Proposed environmental criteria, document, standard,
limitation, or regulation; functions respecting in conjunction with
Administrator. (1) The Administrator, at the time any proposed
criteria document, standard, limitation, or regulation under the Clean
Air Act, the Federal Water Pollution Control Act, the Resource,
Conservation and Recovery Act of 1976, the Noise Control Act, the Toxic
Substances Control Act, or the Safe Drinking Water Act, or under any
other authority of the Administrator, is provided to any other Federal
agency for formal review and comment, shall make available to the Board
such proposed criteria document, standard, limitation, or regulation,
together with relevant scientific and technical information in the
possession of the Environmental Protection Agency on which the proposed
action is based.
(2) The Board may make available to the Administrator, within the
time specified by the Administrator, its advice and comments on the
adequacy of the scientific and technical basis of the proposed criteria
document, standard, limitation, or regulation, together with any
pertinent information in the Board's possession.
(f) Utilization of technical and scientific capabilities of
Federal agencies and national environmental laboratories for
determining adequacy of scientific and technical basis of proposed
criteria document, etc. In preparing such advice and comments, the
Board shall avail itself of the technical and scientific capabilities
of any Federal agency, including the Environmental Protection Agency
and any national environmental laboratories.
(g) Member committees and investigative panels;
establishment; chairmenship. The Board is authorized to constitute
such member committees and investigative panels as the Administrator
and the Board find necessary to carry out this section. Each such
member committee or investigative panel shall be chaired by a member of
the Board.
(h) Appointment and compensation of secretary and other
personnel; compensation of members. (1) Upon the recommendation of
the Board, the Administrator shall appoint a secretary, and such other
employees as deemed necessary to exercise and fulfill the Board's
powers and responsibilities. The compensation of all employees
appointed under this paragraph shall be fixed in accordance with
chapter 51 and subchapter III of chapter 53 of title 5 of the United
States Code.
(2) Members of the Board may be compensated at a rate to be fixed
by the President but not in excess of the maximum rate of pay for grade
GS--18, as provided in the General Schedule under section 5332 of title
5 of the United States Code.
(i) Consultation and coordination with Scientific Advisory
Panel. In carrying out the functions assigned by this section, the
Board shall consult and coordinate its activities with the Scientific
Advisory Panel established by the Administrator pursuant to section
25(d) of the Federal Insecticide, Fungicide, and Rodenticide Act, as
amended.
[Codified to 42 U.S.C. 4365]
[Source: The Act of January 1, 1970 (Pub. L. No.
91--190), effective January 1, 1970, as added by section 8 of the Act
of November 8, 1977 (Pub. L. No. 95--155; 91 Stat. 1260),
{{2-28-95 p.8819}}effective November 8, 1977; section 3 of the
Act of December 22, 1980 (Pub. L. No. 96--569; 94 Stat. 3337),
effective December 22, 1980; as amended by section 15(o) of the Act of
November 2, 1994 (Pub. L. No. 103--437; 108 Stat. 4593), effective
November 2, 1994]
SEC. 4366. Identification and coordination of
research, development, and demonstration activities
(a) Consultation and cooperation of Administrator of
Environmental Protection Agency with heads of Federal agencies;
inclusion of activities in annual revisions of plan for research, etc.
The Administrator of the Environmental Protection Agency, in
consultation and cooperation with the heads of other Federal agencies,
shall take such actions on a continuing basis as may be necessary or
appropriate--
(1) to identify environmental research, development, and
demonstration activities, within and outside the Federal Government,
which may need to be more effectively coordinated in order to minimize
unnecessary duplication of programs, projects, and research facilities;
(2) to determine the steps which might be taken under existing
law, by him and by the heads of such other agencies, to accomplish or
promote such coordination, and to provide for or encourage the taking
of such steps; and
(3) to determine the additional legislative actions which would
be needed to assure such coordination to the maximum extent possible.
The Administrator shall include in each annual revision of the
five-year plan provided for by section 5 of Public Law 94--475 a full
and complete report on the actions taken and determinations made during
the preceding year under this subsection, and may submit interim
reports on such actions and determinations at such other times as he
deems appropriate.
(b) Coordination of programs by Administrator. The
Administrator of the Environmental Protection Agency shall coordinate
environmental research, development, and demonstration programs of such
Agency with the heads of other Federal agencies in order to minimize
unnecessary duplication of programs, projects, and research facilities.
(c) Joint study by Council on Environmental Quality in
consultation with Office of Science and Technology Policy for
coordination of activities; report to President and Congress; report by
President to Congress on implementation of joint study and report.
(1) In order to promote the coordination of environmental research
and development activities, and to assure that the action taken and
methods used (under subsection (a) and otherwise) to bring about such
coordination will be as effective as possible for that purpose, the
Council on Environmental Quality in consultation with the Office of
Science and Technology Policy shall promptly undertake and carry out a
joint study of all aspects of the coordination of environmental
research and development. The Chairman of the Council shall prepare a
report on the results of such study, together with such recommendations
(including legislative recommendations) as he deems appropriate, and
shall submit such report to the President and the Congress not later
than May 31, 1978.
(2) Not later than September 30, 1978, the President shall report
to the Congress on steps he has taken to implement the recommendations
included in the report under paragraph (1), including any
recommendations he may have for legislation.
[Codified to 42 U.S.C. 4366]
[Source: The Act of January 1, 1970 (Pub. L. No.
91--190), effective January 1, 1970, as added by section 9 of the Act
of November 8, 1977 (Pub. L. No. 95--155; 91 Stat. 1261), effective
November 8, 1977]
SEC. 4367. Reporting requirements of financial
interests of officers and employees of Environmental Protection Agency
(a) Covered officers and employees. Each officer or
employee of the Environmental Protection Agency who--
(1) performs any function or duty under this Act; and
{{2-28-95 p.8820}}
(2) has any known financial interest in any person who applies
for or receives grants, contracts, or other forms of financial
assistance under this Act,
shall, beginning on February 1, 1978, annually file with the
Administrator a written statement concerning all such interests held by
such officer or employee during the preceding calendar year. Such
statement shall be available to the public.
(b) Implementation of requirements by Administrator. The
Administrator shall--
(1) act within ninety days after the date of enactment of this
Act [enacted Nov. 8, 1977]
(A) to define the term "known financial interest" for
purposes of subsection (a) of this section; and
(B) to establish the methods by which the requirement to file
written statements specified in subsection (a) of this section will be
monitored and enforced, including appropriate provision for the filing
by such officers and employees of such statements and the review by the
Administrator of such statements; and
(2) report to the Congress on June 1 of each calendar year with
respect to such disclosures and the actions taken in regard thereto
during the preceding calendar year.
(c) Exemption of positions by Administrator. In the
rules prescribed under subsection (b) of this section, the
Administrator may identify specific positions of a nonpolicymaking
nature within the Administration and provide that officers or employees
occupying such positions shall be exempt from the requirements of this
section.
(d) Violations; penalties. Any officer or employee who
is subject to, and knowingly violates, this section, shall be fined not
more than $2,500 or imprisoned not more than one year, or both.
[Codified to 42 U.S.C. 4367]
[Source: The Act of January 1, 1970 (Pub. L. No. 91--190),
effective January 1, 1970, as added by section 12 of the Act of
November 8, 1977 (Pub. L. No. 95--155; 91 Stat. 1263), effective
November 8, 1977]
SEC. 4368. Grants to qualified citizens groups
(1) There is authorized to be appropriated to the Environmental
Protection Agency, for grants to qualified citizens groups in States
and regions, $3,000,000.
(2) Grants under this subsection may be made for the purpose of
supporting and encouraging participation by qualified citizens groups
in determining how scientific, technological, and social trends and
changes affect the future environment and quality of life of an area,
and for setting goals and identifying measures for improvement.
(3) The term "qualified citizens group" shall mean a
nonprofit organization of citizens having an area based focus, which is
not single-issue oriented and which can demonstrate a prior record of
interest and involvement in goal-setting and research concerned with
improving the quality of life, including plans to identify, protect and
enhance significant natural and cultural resources and the environment.
(4) A citizens group shall be eligible for assistance only if
certified by the Governor in consultation with the State legislature as
a bona-fide organization entitled to receive Federal assistance to
pursue the aims of this program. The group shall further demonstrate
its capacity to employ usefully the funds for the purposes of this
program and its broad-based representative nature.
(5) After an initial application for assistance under this
section has been approved, the Administrator may make grants on an
annual basis, on condition that the governor recertify the group and
that the applicant submits to the Administrator annually--
(A) an evaluation of the progress made during the previous year
in meeting the objectives for which the grant was made;
(B) a description of any changes in the objectives of the
activities; and
(C) a description of the proposed activities for the succeeding
one year period.
{{10-31-07 p.8821}}
(6) A grant made under this program shall not exceed 75 per
centum of the estimated cost of the project or program for which the
grant is made, and no group shall receive more than $50,000 in any one
year.
(7) No financial assistance provided under this subsection shall
be used to support lobbying or litigation by any recipient group.
[Codified to 42 U.S.C. 4368]
[Source: The Act of January 1, 1970 (Pub. L. No.
91--190), effective January 1, 1970, as added by section 3(d) of the
Act of October 18, 1978 (Pub. L. No. 95--477; 92 Stat. 1509), effective
October 18, 1978]
SEC. 4368a. Utilization of talents of older Americans
in projects of pollution prevention, abatement, and control
(a) Technical assistance to environmental agencies.
Notwithstanding any other provision of law relating to Federal
grants and cooperative agreements, the Administrator of the
Environmental Protection Agency is authorized to make grants to, or
enter into cooperative agreements with, private nonprofit organizations
designated by the Secretary of Labor under title V of the Older
Americans Act of 1965 to utilize the talents of older Americans in
programs authorized by other provisions of law administered by the
Administrator (and consistent with such provisions of law) in providing
technical assistance to Federal, State, and local environmental
agencies for projects of pollution prevention, abatement, and control.
Funding for such grants or agreements may be made available from such
programs or through title V of the Older Americans Act of 1965 and
title IV of the Job Training Partnership Act.
(b) Pre-award certifications. Prior to awarding any
grant or agreement under subsection (a), the applicable Federal, State,
or local environmental agency shall certify to the Administrator that
such grants or agreements will not--
(1) result in the displacement of individuals currently employed
by the environmental agency concerned (including partial displacement
through reduction of nonovertime hours, wages, or employment benefits);
(2) result in the employment of any individual when any other
person is in a layoff status from the same or substantially equivalent
job within the jurisdiction of the environmental agency concerned; or
(3) affect existing contracts for services.
(c) Prior appropriation Acts. Grants or agreements
awarded under this Act shall be subject to prior appropriation Acts.
[Codified to 42 U.S.C. 4368a]
[Source: The Act of January 1, 1970 (Pub. L. No.
91--190), effective January 1, 1970, as added by section 2 of the Act
of June 12, 1984 (Pub. L. No. 98--313; 98 Stat. 235), effective June
12, 1984]
* * * * *
SEC. 4369. Miscellaneous reports
(a) Availability to Congressional committees. All
reports to or by the Administrator relevant to the Agency's program of
research, development, and demonstration shall promptly be made
available to the Committee on Science, Space, and Technology of the
House of Representatives and the Committee on Environment and Public
Works of the Senate, unless otherwise prohibited by law.
(b) Transmittal of jurisdictional information. The
Administrator shall keep the Committee on Science, Space, and
Technology of the House of Representatives and the Committee on
Environment and Public Works of the Senate fully and currently informed
with respect to matters falling within or related to the
jurisdiction of the committees.
(c) Comment by government agencies and the public. The
reports provided for in section 11 of Public Law 93--577 shall be made
available to the public for comment, and to the heads of affected
agencies for comment and, in the case of recommendations for action,
for response.
{{10-31-07 p.8822}}
(d) Transmittal of research information to the Department of
Energy. For the purpose of assisting the Department of Energy in
planning and assigning priorities in research development and
demonstration activities related to environmental control technologies,
the Administrator shall actively make available to the Department all
information on research activities and results of research programs of
the Environmental Protection Agency.
[Codified to 42 U.S.C. 4369]
[Source: The Act of January 1, 1970 (Pub. L. No. 91--190),
effective January 1, 1970, as added by section 5 of the Act of October
18, 1978 (Pub. L. No. 95--477; 92 Stat. 1510), effective October 18,
1978; as amended by section 15(c)(6) of the Act of November 2, 1994,
(Pub. L. No. 103--437; 108 Stat. 4592), effective November 2,
1994]
SEC. 4369a. Reports on environmental research and
development activities of the Agency
(a) Reports to keep Congressional committees fully and
currently informed. The Administrator shall keep the appropriate
committees of the House and the Senate fully and currently informed
about all aspects of the environmental research and development
activities of the Environmental Protection Agency.
(b) Annual reports relating requested funds to activities to
be carried out with those funds. Each year, at the time of the
submission of the President's annual budget request, the Administrator
shall make available to the appropriate committees of Congress
sufficient copies of a report fully describing funds requested and the
environmental research and development activities to be carried out
with these funds.
[Codified to 42 U.S.C. 4369a]
[Source: The Act of January 1, 1970 (Pub. L. No. 91--190),
effective January 1, 1970, as added by section 4 of the Act of April 7,
1980 (Pub. L. No. 96--229; 94 Stat. 328), effective April 7,
1980]
SEC. 4370. Reimbursement for use of facilities
(a) Authority to allow outside groups or individuals to use
research and test facilities; reimbursement. The Administrator is
authorized to allow appropriate use of special Environmental Protection
Agency research and test facilities by outside groups or individuals
and to receive reimbursement or fees for costs incurred thereby when he
finds this to be in the public interest. Such reimbursement or fees are
to be used by the Agency to defray the costs of use by outside groups
or individuals.
(b) Rules and regulations. The Administrator may
promulgate regulations to cover such use of Agency facilities in
accordance with generally accepted accounting, safety, and laboratory
practices.
(c) Waiver of reimbursement by Administrator. When he
finds it is in the public interest the Administrator may waive
reimbursement or fees for outside use of Agency facilities by nonprofit
private or public entities.
[Codified to 42 U.S.C. 4370]
[Source: The Act of January 1, 1970 (Pub. L. No. 91--190),
effective January 1, 1970, as added by section 5 of the Act of April 7,
1980 (Pub. L. No. 96--229; 94 Stat. 328), effective April 7,
1980]
SEC. 4370a. Assistant Administrators of the
Environmental Protection Agency; appointment; duties
(a) The President, by and with the advice and consent of the
Senate, may appoint three Assistant Administrators of the Environmental
Protection Agency in addition to--
(1) the five Assistant Administrators provided for in section
1(d) of Reorganization Plan Numbered 3 of 1970 (5 U.S.C. Appendix)
(hereinafter in this Act referred to as the "Reorganization
Plan");
{{10-31-07 p.8822.01}}
(2) the Assistant Administrator provided by section 26(g) of the
Toxic Substances Control Act (15 U.S.C. 2625(g)); and
(3) the Assistant Administrator provided by section 307(b) of the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (42 U.S.C. 6911a).
(b) Each Assistant Administrator appointed under subsection (a)
shall perform such duties as the Administrator of the Environmental
Protection Agency may prescribe.
[Codified to 42 U.S.C. 4370a]
[Source: The Act of January 1, 1970 (Pub. L. No. 91--190),
effective January 1, 1970, as added by section 1 of the Act of August
23, 1983 (Pub. L. No. 98--80; 97 Stat. 485), effective August 23,
1983]
SEC. 4370b. Utilization of funds in Licensing and
Other Services Fund
Notwithstanding any other provision of law, after September 30,
1990, amounts deposited in the Licensing and Other Services Fund from
fees and charges assessed and collected by the Administrator for
services and activities carried out pursuant to the statutes
administered by the Environmental Protection Agency shall thereafter be
available to carry out the Agency's activities in the programs for
which the fees or charges are made.
[Codified to 42 U.S.C. 4370b]
[Source: The Act of January 1, 1970 (Pub. L. No. 90--190),
effective January 1, 1970, as added by title III of the Act of November
9, 1989 (Pub. L. No. 101--144; 103 Stat. 858), effective November 9,
1989]
* * * * *
[The page following this is 8822.03.]
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