42 U.S.C. § 4332 — Cooperation of agencies; reports; avail-

Page 6139 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4332 (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able 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. J.R. BIDEN, JR. SUBCHAPTER I—POLICIES AND GOALS § 4331. Congressional declaration of national en- vironmental policy (a) The Congress, recognizing the profound im- pact of man’s activity on the interrelations of all components of the natural environment, par- ticularly the profound influences of population growth, high-density urbanization, industrial expansion, resource exploitation, and new and expanding technological advances and recog- nizing further the critical importance of restor- ing and maintaining environmental quality to the overall welfare and development of man, de- clares that it is the continuing policy of the Federal Government, in cooperation with State and local governments, and other concerned public and private organizations, to use all prac- ticable means and measures, including financial and technical assistance, in a manner calculated to foster and promote the general welfare, to create and maintain conditions under which man and nature can exist in productive har- mony, and fulfill the social, economic, and other requirements of present and future generations of Americans. (b) In order to carry out the policy set forth in this chapter, it is the continuing responsibility of the Federal Government to use all practicable means, consistent with other essential consider- ations of national policy, to improve and coordi- nate Federal plans, functions, programs, and re- sources to the end that the Nation may— (1) fulfill the responsibilities of each genera- tion as trustee of the environment for suc- ceeding 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 indi- vidual choice; (5) achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life’s amenities; and (6) enhance the quality of renewable re- sources and approach the maximum attainable recycling of depletable resources. (c) The Congress recognizes that each person should enjoy a healthful environment and that each person has a responsibility to contribute to the preservation and enhancement of the envi- ronment. (Pub. L. 91–190, title I, § 101, Jan. 1, 1970, 83 Stat. 852.) Statutory Notes and Related Subsidiaries COMMISSION ON POPULATION GROWTH AND THE AMERICAN FUTURE Pub. L. 91–213, §§ 1–9, Mar. 16, 1970, 84 Stat. 67–69, es- tablished the Commission on Population Growth and the American Future to conduct and sponsor such stud- ies and research and make such recommendations as might be necessary to provide information and edu- cation to all levels of government in the United States, and to our people regarding a broad range of problems associated with population growth and their implica- tions for America’s future; prescribed the composition of the Commission; provided for the appointment of its members, and the designation of a Chairman and Vice Chairman; required a majority of the members of the Commission to constitute a quorum, but allowed a less- er number to conduct hearings; prescribed the com- pensation of members of the Commission; required the Commission to conduct an inquiry into certain pre- scribed aspects of population growth in the United States and its foreseeable social consequences; provided for the appointment of an Executive Director and other personnel and prescribed their compensation; author- ized the Commission to enter into contracts with pub- lic agencies, private firms, institutions, and individuals for the conduct of research and surveys, the prepara- tion of reports, and other activities necessary to the discharge of its duties, and to request from any Federal department or agency any information and assistance it deems necessary to carry out its functions; required the General Services Administration to provide admin- istrative services for the Commission on a reimburs- able basis; required the Commission to submit an in- terim report to the President and the Congress one year after it was established and to submit its final re- port two years after Mar. 16, 1970; terminated the Com- mission sixty days after the date of the submission of its final report; and authorized to be appropriated, out of any money in the Treasury not otherwise appro- priated, such amounts as might be necessary to carry out the provisions of Pub. L. 91–213. Executive Documents EXECUTIVE ORDER NO. 11507 Ex. Ord. No. 11507, eff. Feb. 4, 1970, 35 F.R. 2573, which related to prevention, control, and abatement of air and water pollution at federal facilities was superseded by Ex. Ord. No. 11752, eff. Dec. 17, 1973, 38 F.R. 34793, for- merly set out below. EXECUTIVE ORDER NO. 11752 Ex. Ord. No. 11752, Dec. 17, 1973, 38 F.R. 34793, which related to the prevention, control, and abatement of environmental pollution at Federal facilities, was re- voked by Ex. Ord. No. 12088, Oct. 13, 1978, 43 F.R. 47707, set out as a note under section 4321 of this title. § 4332. Cooperation of agencies; reports; avail- ability of information; recommendations; international and national coordination of efforts The Congress authorizes and directs that, to the fullest extent possible: (1) the policies, regu- lations, and public laws of the United States shall be interpreted and administered in accord- ance with the policies set forth in this chapter, and (2) all agencies of the Federal Government shall— (A) utilize a systematic, interdisciplinary approach which will ensure the integrated use of the natural and social sciences and the en- vironmental design arts in planning and in de- cisionmaking which may have an impact on man’s environment; Page 6140 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4332 1 So in original. The period probably should be a semicolon. (B) identify and develop methods and proce- dures, in consultation with the Council on En- vironmental Quality established by sub- chapter II of this chapter, which will ensure that presently unquantified environmental amenities and values may be given appro- priate consideration in decisionmaking along with economic and technical considerations; (C) consistent with the provisions of this chapter and except where compliance would be inconsistent with other statutory require- ments, include in every recommendation or re- port on proposals for legislation and other major Federal actions significantly affecting the quality of the human environment, a de- tailed statement by the responsible official on— (i) reasonably foreseeable environmental effects of the proposed agency action; (ii) any reasonably foreseeable adverse en- vironmental effects which cannot be avoided should the proposal be implemented; (iii) a reasonable range of alternatives to the proposed agency action, including an analysis of any negative environmental im- pacts of not implementing the proposed agency action in the case of a no action al- ternative, that are technically and economi- cally feasible, and meet the purpose and need of the proposal; (iv) the relationship between local short- term uses of man’s environment and the maintenance and enhancement of long-term productivity; and (v) any irreversible and irretrievable com- mitments of Federal resources which would be involved in the proposed agency action should it be implemented. Prior to making any detailed statement, the head of the lead agency shall consult with and obtain the comments of any Federal agency which has jurisdiction by law or special exper- tise with respect to any environmental impact involved. Copies of such statement and the comments and views of the appropriate Fed- eral, State, and local agencies, which are au- thorized 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 sec- tion 552 of title 5, and shall accompany the proposal through the existing agency review processes; (D) ensure the professional integrity, includ- ing scientific integrity, of the discussion and analysis in an environmental document; (E) make use of reliable data and resources in carrying out this chapter; (F) consistent with the provisions of this chapter, study, develop, and describe tech- nically and economically feasible alternatives; (G) any detailed statement required under subparagraph (C) after January 1, 1970, for any major Federal action funded under a program of grants to States shall not be deemed to be legally insufficient solely by reason of having been prepared by a State agency or official, if: (i) the State agency or official has state- wide jurisdiction and has the responsibility for such action, (ii) the responsible Federal official fur- nishes guidance and participates in such preparation, (iii) the responsible Federal official inde- pendently evaluates such statement prior to its approval and adoption, and (iv) after January 1, 1976, the responsible Federal official provides early notification to, and solicits the views of, any other State or any Federal land management entity of any action or any alternative thereto which may have significant impacts upon such State or affected Federal land management entity and, if there is any disagreement on such impacts, prepares a written assessment of such impacts and views for incorporation into such detailed statement. The procedures in this subparagraph shall not relieve the Federal official of his responsibil- ities for the scope, objectivity, and content of the entire statement or of any other responsi- bility under this chapter; and further, this subparagraph does not affect the legal suffi- ciency of statements prepared by State agen- cies with less than statewide jurisdiction.1 (H) study, develop, and describe appropriate alternatives to recommended courses of action in any proposal which involves unresolved conflicts concerning alternative uses of avail- able resources; (I) consistent with the provisions of this chapter, 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 de- signed to maximize international cooperation in anticipating and preventing a decline in the quality of mankind’s world environment; (J) make available to States, counties, mu- nicipalities, institutions, and individuals, ad- vice and information useful in restoring, maintaining, and enhancing the quality of the environment; (K) initiate and utilize ecological informa- tion in the planning and development of re- source-oriented projects; and (L) assist the Council on Environmental Quality established by subchapter II of this chapter. (Pub. L. 91–190, title I, § 102, Jan. 1, 1970, 83 Stat. 853; Pub. L. 94–83, Aug. 9, 1975, 89 Stat. 424; Pub. L. 118–5, div. C, title III, § 321(a), June 3, 2023, 137 Stat. 38.) Editorial Notes AMENDMENTS 2023—Par. (2)(A), (B). Pub. L. 118–5, § 321(a)(1), (2), sub- stituted ‘‘ensure’’ for ‘‘insure’’. Par. (2)(C). Pub. L. 118–5, § 321(a)(3)(A), (C), inserted ‘‘consistent with the provisions of this chapter and ex- cept where compliance would be inconsistent with other statutory requirements,’’ before ‘‘include in every’’ in introductory provisions and substituted ‘‘the head of the lead agency’’ for ‘‘the responsible Federal official’’ in concluding provisions. Par. (2)(C)(i) to (v). Pub. L. 118–5, § 321(a)(3)(B), added cls. (i) to (v) and struck out former cls. (i) to (v) which read as follows: Page 6141 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4334 ‘‘(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 en- hancement 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.’’ Par. (2)(D). Pub. L. 118–5, § 321(a)(6), added subpar. (D). Former subpar. (D) redesignated (G). Pub. L. 118–5, § 321(a)(4), substituted ‘‘any detailed’’ for ‘‘Any detailed’’. Par. (2)(E), (F). Pub. L. 118–5, § 321(a)(6), added sub- pars. (E) and (F). Former subpars. (E) and (F) redesig- nated (H) and (I), respectively. Par. (2)(G), (H). Pub. L. 118–5, § 321(a)(5), redesignated subpars. (D) and (E) as (G) and (H), respectively. Par. (2)(I). Pub. L. 118–5, § 321(a)(5), (7), redesignated subpar. (F) as (I) and inserted ‘‘consistent with the pro- visions of this chapter,’’ before ‘‘recognize’’. Par. (2)(J) to (L). Pub. L. 118–5, § 321(a)(5), redesig- nated subpars. (G) to (I) as (J) to (L), respectively. 1975—Par. (2)(D) to (I). Pub. L. 94–83 added subpar. (D) and redesignated former subpars. (D) to (H) as (E) to (I), respectively. Statutory Notes and Related Subsidiaries CERTAIN COMMERCIAL SPACE LAUNCH ACTIVITIES Pub. L. 104–88, title IV, § 401, Dec. 29, 1995, 109 Stat. 955, provided that: ‘‘The licensing of a launch vehicle or launch site operator (including any amendment, exten- sion, or renewal of the license) under [former] chapter 701 of title 49, United States Code [now chapter 509 (§ 50901 et seq.) of Title 51, National and Commercial Space Programs], shall not be considered a major Fed- eral action for purposes of section 102(C) of the Na- tional Environmental Policy Act of 1969 (42 U.S.C. 4332(C)) if— ‘‘(1) the Department of the Army has issued a per- mit for the activity; and ‘‘(2) the Army Corps of Engineers has found that the activity has no significant impact.’’ Executive Documents EX. ORD. NO. 13352. FACILITATION OF COOPERATIVE CONSERVATION Ex. Ord. No. 13352, Aug. 26, 2004, 69 F.R. 52989, pro- vided: By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: SECTION 1. Purpose. The purpose of this order is to en- sure that the Departments of the Interior, Agriculture, Commerce, and Defense and the Environmental Protec- tion Agency implement laws relating to the environ- ment and natural resources in a manner that promotes cooperative conservation, with an emphasis on appro- priate inclusion of local participation in Federal deci- sionmaking, in accordance with their respective agency missions, policies, and regulations. SEC. 2. Definition. As used in this order, the term ‘‘co- operative conservation’’ means actions that relate to use, enhancement, and enjoyment of natural resources, protection of the environment, or both, and that in- volve collaborative activity among Federal, State, local, and tribal governments, private for-profit and nonprofit institutions, other nongovernmental entities and individuals. SEC. 3. Federal Activities. To carry out the purpose of this order, the Secretaries of the Interior, Agriculture, Commerce, and Defense and the Administrator of the Environmental Protection Agency shall, to the extent permitted by law and subject to the availability of ap- propriations and in coordination with each other as ap- propriate: (a) carry out the programs, projects, and activities of the agency that they respectively head that implement laws relating to the environment and natural resources in a manner that: (i) facilitates cooperative conservation; (ii) takes appropriate account of and respects the interests of persons with ownership or other legally recognized interests in land and other natural re- sources; (iii) properly accommodates local participation in Federal decisionmaking; and (iv) provides that the programs, projects, and ac- tivities are consistent with protecting public health and safety; (b) report annually to the Chairman of the Council on Environmental Quality on actions taken to implement this order; and (c) provide funding to the Office of Environmental Quality Management Fund (42 U.S.C. 4375) for the Con- ference for which section 4 of this order provides. SEC. 4. White House Conference on Cooperative Con- servation. The Chairman of the Council on Environ- mental Quality shall, to the extent permitted by law and subject to the availability of appropriations: (a) convene not later than 1 year after the date of this order, and thereafter at such times as the Chair- man deems appropriate, a White House Conference on Cooperative Conservation (Conference) to facilitate the exchange of information and advice relating to (i) coop- erative conservation and (ii) means for achievement of the purpose of this order; and (b) ensure that the Conference obtains information in a manner that seeks from Conference participants their individual advice and does not involve collective judg- ment or consensus advice or deliberation. SEC. 5. General Provision. This order is not intended to, and does not, create any right or benefit, sub- stantive or procedural, enforceable at law or in equity by any party against the United States, its depart- ments, agencies, instrumentalities or entities, its offi- cers, employees or agents, or any other person. GEORGE W. BUSH. § 4332a. Repealed. Pub. L. 114–94, div. A, title I, § 1304(j)(2), Dec. 4, 2015, 129 Stat. 1386 Section, Pub. L. 112–141, div. A, title I, § 1319, July 6, 2012, 126 Stat. 551, related to accelerated decision- making in environmental reviews. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amend- ment note under section 5313 of Title 5, Government Or- ganization and Employees. § 4333. Conformity of administrative procedures to national environmental policy All agencies of the Federal Government shall review their present statutory authority, admin- istrative regulations, and current policies and procedures for the purpose of determining whether there are any deficiencies or inconsist- encies therein which prohibit full compliance with the purposes and provisions of this chapter and shall propose to the President not later than July 1, 1971, such measures as may be necessary to bring their authority and policies into con- formity with the intent, purposes, and proce- dures set forth in this chapter. (Pub. L. 91–190, title I, § 103, Jan. 1, 1970, 83 Stat. 854.) § 4334. Other statutory obligations of agencies Nothing in section 4332 or 4333 of this title shall in any way affect the specific statutory ob-