42 U.S.C. § 4321 — Congressional declaration of purpose

Page 6095 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 Sec. 4368a. Utilization of talents of older Americans in projects of pollution prevention, abate- ment, and control. 4368b. General assistance program. 4369. Miscellaneous reports. 4369a. Reports on environmental research and devel- opment activities of Agency. 4370. Reimbursement for use of facilities. 4370a. Assistant Administrators of Environmental Protection Agency; appointment; duties. 4370b. Availability of fees and charges to carry out Agency programs. 4370c. Environmental Protection Agency fees. 4370d. Percentage of Federal funding for organiza- tions owned by socially and economically disadvantaged individuals. 4370e. Working capital fund in Treasury. 4370f. Availability of funds after expiration of pe- riod for liquidating obligations. 4370g. Availability of funds for uniforms and certain services. 4370h. Availability of funds for facilities. 4370i. Regional liaisons for minority, tribal, and low-income communities. 4370j. Municipal Ombudsman. SUBCHAPTER IV—FEDERAL PERMITTING IMPROVEMENT 4370m. Definitions. 4370m–1. Federal Permitting Improvement Steering Council. 4370m–2. Permitting process improvement. 4370m–3. Interstate compacts. 4370m–4. Coordination of required reviews. 4370m–5. Delegated State permitting programs. 4370m–6. Litigation, judicial review, and savings provi- sion. 4370m–7. Reports. 4370m–8. Funding for governance, oversight, and proc- essing of environmental reviews and per- mits. 4370m–9. Application. 4370m–10. GAO report. 4370m–11. Savings provision. 4370m–12. Repealed. § 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 en- vironment; to promote efforts which will pre- vent or eliminate damage to the environment and biosphere and stimulate the health and wel- fare of man; to enrich the understanding of the ecological systems and natural resources impor- tant to the Nation; and to establish a Council on Environmental Quality. (Pub. L. 91–190, § 2, Jan. 1, 1970, 83 Stat. 852.) Statutory Notes and Related Subsidiaries SHORT TITLE OF 2020 AMENDMENT Pub. L. 116–260, div. S, § 102(a), Dec. 27, 2020, 134 Stat. 2243, provided that: ‘‘This section [enacting section 16298 of this title, amending sections 4370m and 7403 of this title, and enacting provisions set out as a note under section 4370m of this title] may be cited as the ‘Utilizing Significant Emissions with Innovative Tech- nologies Act’ or the ‘USE IT Act’.’’ SHORT TITLE Pub. L. 91–190, § 1, Jan. 1, 1970, 83 Stat. 852, provided: ‘‘That this Act [enacting this chapter] may be cited as the ‘National Environmental Policy Act of 1969’.’’ ENVIRONMENTAL PRODUCT DECLARATION ASSISTANCE Pub. L. 117–169, title VI, § 60112, Aug. 16, 2022, 136 Stat. 2072, provided that: ‘‘(a) IN GENERAL.—In addition to amounts otherwise available, there is appropriated to the Administrator of the Environmental Protection Agency for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $250,000,000, to remain available until September 30, 2031, to develop and carry out a program to support the development, enhanced standardization and transparency, and reporting criteria for environ- mental product declarations that include measure- ments of the embodied greenhouse gas emissions of the material or product associated with all relevant stages of production, use, and disposal, and conform with international standards, for construction materials and products by— ‘‘(1) providing grants to businesses that manufac- ture construction materials and products for devel- oping and verifying environmental product declara- tions, and to States, Indian Tribes, and nonprofit or- ganizations that will support such businesses; ‘‘(2) providing technical assistance to businesses that manufacture construction materials and prod- ucts in developing and verifying environmental prod- uct declarations, and to States, Indian Tribes, and nonprofit organizations that will support such busi- nesses; and ‘‘(3) carrying out other activities that assist in measuring, reporting, and steadily reducing the quan- tity of embodied carbon of construction materials and products. ‘‘(b) ADMINISTRATIVE COSTS.—Of the amounts made available under this section, the Administrator of the Environmental Protection Agency shall reserve 5 per- cent for administrative costs necessary to carry out this section. ‘‘(c) DEFINITIONS.—In this section: ‘‘(1) GREENHOUSE GAS.—The term ‘greenhouse gas’ means the air pollutants carbon dioxide, hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons, and sulfur hexafluoride. ‘‘(2) STATE.—The term ‘State’ has the meaning given to that term in section 302(d) of the Clean Air Act (42 U.S.C. 7602(d)).’’ LOW-EMBODIED CARBON LABELING FOR CONSTRUCTION MATERIALS Pub. L. 117–169, title VI, § 60116, Aug. 16, 2022, 136 Stat. 2077, provided that: ‘‘(a) IN GENERAL.—In addition to amounts otherwise available, there is appropriated to the Administrator of the Environmental Protection Agency for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $100,000,000, to remain available until September 30, 2026, for necessary administrative costs of the Administrator of the Environmental Protection Agency to carry out this section and to develop and carry out a program, in consultation with the Adminis- trator of the Federal Highway Administration for con- struction materials used in transportation projects and the Administrator of General Services for construction materials used for Federal buildings, to identify and label construction materials and products that have substantially lower levels of embodied greenhouse gas emissions associated with all relevant stages of produc- tion, use, and disposal, as compared to estimated indus- try averages of similar materials or products, as deter- mined by the Administrator of the Environmental Pro- tection Agency, based on— ‘‘(1) environmental product declarations; or ‘‘(2) determinations by State agencies, as verified by the Administrator of the Environmental Protec- tion Agency. ‘‘(b) DEFINITION OF GREENHOUSE GAS.—In this section, the term ‘greenhouse gas’ means the air pollutants car- bon dioxide, hydrofluorocarbons, methane, nitrous oxide, perfluorocarbons, and sulfur hexafluoride.’’ ENVIRONMENTAL PROTECTION AGENCY HEADQUARTERS Pub. L. 112–237, § 2, Dec. 28, 2012, 126 Stat. 1628, pro- vided that: Page 6096 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 ‘‘(a) Redesignation.—The Environmental Protection Agency Headquarters located at 1200 Pennsylvania Ave- nue N.W. in Washington, D.C., known as the Ariel Rios Building, shall be known and redesignated as the ‘Wil- liam Jefferson Clinton Federal Building’. ‘‘(b) References.—Any reference in a law, map, regula- tion, document, paper, or other record of the United States to the Environmental Protection Agency Head- quarters referred to in subsection (a) shall be deemed to be a reference to the ‘William Jefferson Clinton Fed- eral 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 [for- merly 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, formerly 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 (for- merly 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 MILI- TARY 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 pro- grammatic, nation-wide environmental impact state- ment for low-level flight training as a precondition to the use by the Armed Forces of an airspace for the per- formance 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 Prosecu- tion Act of 1990’. ‘‘SEC. 202. EPA OFFICE OF CRIMINAL INVESTIGA- TION. ‘‘(a) The Administrator of the Environmental Protec- tion Agency (hereinafter referred to as the ‘Adminis- trator’) shall increase the number of criminal inves- tigators assigned to the Office of Criminal Investiga- tions 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 Sep- tember 30, 1992, is not less than 72; ‘‘(2) for the period October 1, 1992, through Sep- tember 30, 1993, is not less than 110; ‘‘(3) for the period October 1, 1993, through Sep- tember 30, 1994, is not less than 123; ‘‘(4) for the period October 1, 1994, through Sep- tember 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 addi- tional support staff to the Office of Criminal Investiga- tions. ‘‘(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] po- sition as defined in 3132(A) [3132(a)] of title 5 U.S.C. and the head of such office shall report directly, without in- tervening review or approval, to the Assistant Adminis- trator 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 as- sist the Office of Enforcement in developing and pros- ecuting 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 Train- ing Institute. It shall be the function of the Institute, among others, to train Federal, State, and local law- yers, 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 au- thorized to be appropriated to the Environmental Pro- tection 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.’’ Executive Documents TRANSFER OF FUNCTIONS Enforcement functions of Secretary or other official in Department of the Interior related to compliance with system activities requiring coordination and ap- proval under this chapter, and enforcement functions of Secretary or other official in Department of Agri- culture, insofar as they involve lands and programs under jurisdiction of that Department, related to com- pliance with this chapter with respect to pre-construc- tion, construction, and initial operation of transpor- tation system for Canadian and Alaskan natural gas transferred to Federal Inspector, Office of Federal In- spector 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 In- spector note under section 719e of Title 15, Commerce and Trade. Functions and authority vested in Sec- retary 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 Protec- tion 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 sec- tion 5195 of this title. 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 Sen- ate and the House of Representatives in Congress as- sembled, July 9, 1970, pursuant to the provisions of Chapter 9 of Title 5 of the United States Code. Page 6097 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 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 Ad- ministrator of the Environmental Protection Agency, hereinafter referred to as the ‘‘Administrator.’’ The Ad- ministrator 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 Adminis- trator of the Environmental Protection Agency who shall be appointed by the President, by and with the advice and consent of the Senate. The Deputy Adminis- trator shall perform such functions as the Adminis- trator shall from time to time assign or delegate, and shall act as Administrator during the absence or dis- ability of the Administrator or in the event of a va- cancy in the office of Administrator. (d) There shall be in the Agency not to exceed five Assistant Administrators of the Environmental Protec- tion 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 Adminis- trator: (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 Ad- ministration, 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 In- terior 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 pes- ticides 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 Bio- logical Laboratory of the Bureau of Commercial Fish- eries 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 Administra- tion, (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 com- ponents of the Environmental Control Administration of the Environmental Health Service are not trans- ferred: (i) Bureau of Community Environmental Man- agement, (ii) Bureau of Occupational Safety and Health, and (iii) Bureau of Radiological Health, insofar as the functions carried out by the latter Bureau per- tain to (A) regulation of radiation from consumer prod- ucts, including electronic product radiation, (B) radi- ation as used in the healing arts, (C) occupational expo- sures to radiation, and (D) research, technical assist- ance, 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 func- tions transferred, (i) to monitor compliance with the tolerances and the effectiveness of surveillance and en- forcement, 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 Envi- ronmental Quality under section 204(5) of the National Environmental Policy Act of 1969 (Public Law 91–190, 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 estab- lishing generally applicable environmental standards for the protection of the general environment from ra- dioactive material. As used herein, standards mean limits on radiation exposures or levels, or concentra- tions or quantities of radioactive material, in the gen- eral 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 amend- ed (7 U.S.C. 135–135k) [7 U.S.C. 136 et seq.], (ii) the func- tions of the Secretary of Agriculture and the Depart- ment 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 Sec- retary of Agriculture and the Department of Agri- culture which are administered through the Environ- mental Quality Branch of the Plant Protection Divi- sion 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 nec- essary for the performance by or under the Adminis- trator 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, pro- vided by law, to prescribe regulations relating pri- marily to the transferred functions, and (2) the func- tions 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 Pollu- tion 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 Chair- man 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 Chair- man of that Board are hereby transferred to the Ad- ministrator. Page 6098 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 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 em- ployee, 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- ferred to the Administrator or the Agency by this reor- ganization plan as the Director of the Office of Manage- ment 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 Di- rector of Office of Management and Budget shall deem to be necessary in order to effectuate the transfers re- ferred to in subsection (a) of this section shall be car- ried out in such manner as he shall direct and by such agencies as he shall designate. SEC. 5. INTERIM OFFICERS (a) The President may authorize any person who im- mediately prior to the effective date of this reorganiza- tion 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 au- thorize any such person to act as the head of any prin- cipal constituent organizational entity of the Adminis- tration. (c) The President may authorize any person who serves in an acting capacity under the foregoing provi- sions of this section to receive the compensation at- tached 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. 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 Fed- eral Water Quality Administration and by the Adminis- trator 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 Environ- mental Protection Agency. My reasons for transmit- ting this plan are stated in a more extended accom- panying 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 func- tions, and the expeditious administration of the public business;’’ and section 901(a)(3), ‘‘to increase the effi- ciency of the operations of the Government to the full- est 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. Section 907 of title 5 of the United States Code will operate to preserve administrative proceedings, includ- ing 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 effi- cient 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. MESSAGE OF THE PRESIDENT To the Congress of the United States: As concern with the condition of our physical envi- ronment has intensified, it has become increasingly clear that we need to know more about the total envi- ronment—land, water and air. It also has become in- creasingly 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 En- vironmental Protection Agency, and one to establish, within the Department of Commerce, a National Oce- anic and Atmospheric Administration. 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 govern- mental structure for dealing with environmental pollu- tion often defies effective and concerted action. Despite its complexity, for pollution control purposes the environment must be perceived as a single, inter- related system. Present assignments of departmental responsibilities do not reflect this interrelatedness. Many agency missions, for example, are designed pri- marily along media lines—air, water, and land. Yet the sources of air, water, and land pollution are inter- related 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 re- sults are not always successful. A far more effective approach to pollution control would: —identify pollutants. —trace them through the entire ecological chain, ob- serving and recording changes in form as they occur. Page 6099 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 —Determine the total exposure of man his environ- ment. —Examine interactions among forms of pollution. —Identify where in the ecological chain interdiction would be most appropriate. In organizational terms, this requires pulling to- gether into one agency a variety of research, moni- toring, standard-setting and enforcement activities now scattered through several departments and agen- cies. It also requires that the new agency include suffi- cient 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 car- rying out its mission. The new agency would also, of course, draw upon the results of research conducted by other agencies. 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 Pol- lution Control Administration (from the Depart- ment of Health, Education, and Welfare). —The functions carried out by the Bureau of Solid Waste Management and the Bureau of Water Hy- giene, and portions of the functions carried out by the Bureau of Radiological Health of the Environ- mental Control Administration (from the Depart- ment 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 Environ- mental Quality. —Certain functions respecting radiation criteria and standards now vested in the Atomic Energy Com- mission and the Federal Radiation Council. —Functions respecting pesticides registration and re- lated activities now carried out by the Agricultural Research Service (from the Department of Agri- culture). 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 pro- vide an organization to which new programs in these areas could be added. In brief, these are the principal functions to be trans- ferred: Federal Water Quality Administration.—Charged with the control of pollutants which impair water qual- ity, 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 assist- ance. Certain pesticides research authority from the De- partment 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 remain- ing with the Bureau of Sport Fisheries and Wildlife. National Air Pollution Control Administration.—As the principal Federal agency concerned with air pollu- tion, it conducts research on the effects of air pollu- tion, 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, approv- ing State standards and providing financial and tech- nical 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 Administra- tion.—ECA is the focal point within HEW for evalua- tion 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 admin- istration of planning and demonstration grants. From the ECA, the activities of the Bureaus of Water Hy- 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 con- sumer 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 re- search. However, as an integral part of its food protec- tion activities, FDA would retain its authority to re- move from the market food with excess pesticide resi- dues. General ecological research from the Council on En- vironmental Quality.—This authority to perform stud- ies and research relating to ecological systems would be in addition to EPA’s other specific research authori- ties, and it would help EPA to measure the impact of pollutants. The Council on Environmental Quality would retain its authority to conduct studies and re- search relating to environmental quality. Environmental radiation standards programs.—The Atomic Energy Commission is now responsible for es- tablishing 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 protec- tion of the general environment from radioactive mate- rial would be transferred to the Environmental Protec- tion Agency. The functions of the Federal Radiation Council would also be transferred. AEC would retain re- sponsibility 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 re- lated to pesticides use. It conducts research on the effi- cacy of various pesticides as related to other pest con- trol methods and on the effects of pesticides on non- target plants, livestock, and poultry. It registers pes- ticides, monitors their persistence and carries out an educational program on pesticide use through the ex- tension service. It conducts extensive pest control pro- grams which utilize pesticides. By transferring the Department of Agriculture’s pes- ticides 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 environ- mental 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 envi- ronmental problems in a manner beyond the previous Page 6100 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 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 ap- pear, 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 meas- ure 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 control authorities would help assure that we do not create new environmental problems in the process of controlling existing ones. Industries seeking to mini- mize the adverse impact of their activities on the envi- ronment would be assured of consistent standards cov- ering 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 tech- nical assistance and training. In proposing that the Environmental Protection Agency be set up as a separate new agency, I am mak- ing an exception to one of my own principles: that, as a matter of effective and orderly administration, addi- tional 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 af- fects it in some way. Yet each department also has its own primary mission—such as resource development, transportation, health, defense, urban growth or agri- culture—which necessarily affects its own view of envi- ronmental questions. In the second place, if the critical standard-setting functions were centralized within any one existing de- partment, 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 environ- mental 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 need- ed. 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 environ- mental protection standards consistent with na- tional environmental goals. —The conduct of research on the adverse effects of pollution and on methods and equipment for con- trolling it, the gathering of information on pollu- tion, and the use of this information in strength- ening environmental protection programs and rec- ommending policy changes. —Assisting others, through grants, technical assist- ance 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 be- tween 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 mis- sion. 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 oper- ating, ‘‘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 envi- ronmental quality. The Council, then, is concerned with all aspects of en- vironmental quality—wildlife preservation, parklands, land use, and population growth, as well as pollution. The EPA would be charged with protecting the environ- ment by abating pollution. In short, the Council fo- cuses on what our broad policies in the environment field should be; the EPA would focus on setting and en- forcing pollution control standards. The two are not competing, but complementary—and taken together, they should give us, for the first time, the means to mount an effectively coordinated campaign against en- vironmental 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 de- pend 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 environ- ment—and understanding which will enable us more ef- fectively to monitor and predict its actions, and ulti- mately, 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 ma- rine 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 Atmos- pheric 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 compo- nent 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, uni- fied 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 al- most $200 million. Placing NOAA within the Depart- ment of Commerce therefore entails the least disloca- tion, 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 pro- grams of the following organizations would be moved into NOAA: —The Environmental Science Services Administra- tion (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). Page 6101 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 —The Marine Minerals Technology Center of the Bu- reau of Mines (from the Department of the Inte- rior). —The Office of Sea Grant Programs (from the Na- tional 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 Cen- ter (from the Department of the Navy). —The National Data Buoy Project (from the Depart- ment of Transportation). In brief, these are the principal functions of the pro- grams 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 re- trieval of environmental data). —The National Environmental Satellite Center (ob- servation of the global environment from earth-or- biting 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 nat- ural hazards as hurricanes, tornadoes, floods, earth- quakes 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 Depart- ment 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 Fish- eries 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 labora- tories 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 Pro- gram was authorized in 1966 to permit the Federal Gov- ernment to assist the academic and industrial commu- nities in developing marine resources and technology. It aims at strengthening education and training of ma- rine specialists, supporting applied research in the re- covery and use of marine resources, and developing ex- tension 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 respon- sible for the collection and dissemination of oceano- graphic 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 es- tablished 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 agen- cy would make possible a balanced Federal program to 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 as- sets. It would make possible a consolidated program for achieving a more comprehensive understanding of oce- anic and atmospheric phenomena, which so greatly af- fect our lives and activities. It would facilitate the co- operation between public and private interests that can best serve the interests of all. I expect that NOAA would exercise leadership in de- veloping a national oceanic and atmospheric program of research and development. It would coordinate its own scientific and technical resources with the tech- nical and operational capabilities of other government agencies and private institutions. As important, NOAA would continue to provide those services to other agen- cies 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 Protec- tion Agency and the Council on Environmental Quality as part of an effort to ensure that environmental ques- tions 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 Na- tional 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 Atmos- phere 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 oppor- tunity 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 au- thorities 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 Advi- sory Council on Executive Organization (the Ash Coun- cil), the Commission on Marine Science, Engineering and Resources (the Stratton Commission, appointed by President Johnson), my special task force on oceanog- raphy headed by Dr. James Wakelin, and by the infor- mation developed during both House and Senate hear- ings on proposed NOAA legislation. Many of those who have advised me have proposed ad- ditional 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 be- ginning. 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 indiges- Page 6102 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 tion 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 activi- ties 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 nat- ural 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 Con- gress will help us fulfill that commitment. RICHARD NIXON. THE WHITE HOUSE, July 9, 1970. EX. ORD. NO. 11472. CABINET COMMITTEE ON THE ENVI- RONMENT AND CITIZENS’ ADVISORY COMMITTEE ON ENVI- RONMENTAL 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 Cabi- net 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 des- ignate 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 Com- mittee. (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 in- vite such agency heads or their alternates to partici- pate 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 delibera- tions 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 chap- ter] 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 Presi- dent 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 poli- cies and programs, including those for development and conservation of natural resources, take adequate ac- count of environmental effects. (2) Review the adequacy of existing systems for moni- toring and predicting environmental changes so as to achieve effective coverage and efficient use of facilities and other resources. (3) Foster cooperation between the Federal Govern- ment, State and local governments, and private organi- zations in environmental programs. (4) Seek advancement of scientific knowledge of changes in the environment and encourage the develop- ment of technology to prevent or minimize adverse ef- fects that endanger man’s health and well-being. (5) Stimulate public and private participation in pro- grams 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. (7) Assure assessment of new and changing tech- nologies 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 ac- tions of Federal agencies affecting outdoor recreation and natural beauty. The Cabinet Committee may con- duct studies and make recommendations to the Presi- dent on matters of policy in the fields of outdoor recre- ation and natural beauty. In carrying out the foregoing provisions of this subsection, the Cabinet Committee shall, as far as may be practical, advise Federal agen- cies 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 nat- ural beauty and recreational opportunities consistent with other essential uses, (4) cooperation with the States and their local subdivisions and private organi- zations and individuals in areas of mutual interest, (5) interstate arrangements, including Federal participa- tion 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 co- ordination of outdoor recreation the authorities and re- sources 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 Cab- inet Committee by this order. SEC. 104. Assistance for the Cabinet Committee. In com- pliance with provisions of applicable law, and as nec- essary to serve the purposes of this order, (1) the Coun- cil 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, establish- Page 6103 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 ment, 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 Coun- cil 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 ter- minated and its functions transferred to the Domestic 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 dele- gate 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 1013 of 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 amend- ed by Ex. Ord. No. 11991, May 24, 1977, 42 F.R. 26967, pro- vided: 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 pro- vide 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 na- tional 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 en- hance 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 envi- ronmental quality and shall assess progress in meeting the specific objectives of such activities. Heads of agen- cies 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 prac- ticable provision of timely public information and un- derstanding of Federal plans and programs with envi- ronmental impact in order to obtain the views of inter- ested 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 po- tential environmental problems and control methods developed as part of research, development, demonstra- tion, test, or evaluation activities is made available to Federal agencies, States, counties, municipalities, in- stitutions, and other entities, as appropriate. (d) Review their agencies’ statutory authority, ad- ministrative regulations, policies, and procedures, in- cluding those relating to loans, grants, contracts, leases, licenses, or permits, in order to identify any de- ficiencies 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 ac- tivities of the Federal Government directed to the con- trol of pollution and the enhancement of the environ- ment 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 eval- uations the Council shall, where appropriate, rec- ommend 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 ade- quately addressed. (d) Conduct, as it determines to be appropriate, pub- lic hearings or conferences on issues of environmental significance. (e) Promote the development and use of indices and monitoring systems (1) to assess environmental condi- tions and trends, (2) to predict the environmental im- pact 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 environ- mental quality. (g) Advise and assist the President and the agencies in achieving international cooperation for dealing with environmental problems, under the foreign policy guid- ance of the Secretary of State. (h) Issue regulations to Federal agencies for the im- plementation 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 de- signed to make the environmental impact statement process more useful to decisionmakers and the public; Page 6104 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 and to reduce paperwork and the accumulation of ex- traneous background data, in order to emphasize the need to focus on real environmental issues and alter- natives. They will require impact statements to be con- cise, 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 environ- mental 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 Sec- tion 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 re- quest such reports and other information from them, as may be required to carry out the Council’s responsibil- ities under the Act. (j) Assist the President in preparing the annual Envi- ronmental 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 en- vironmental quality, (ii) the impact of new and chang- ing 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’’, wher- ever 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 chap- ter] 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: ‘‘(herein- after referred to as the ‘Citizens’ Committee’)’’. (8) By substituting for the term ‘‘the Committee’’, wherever it occurs, the following: ‘‘the Citizens’ Com- mittee’’. EX. ORD. NO. 11523. NATIONAL INDUSTRIAL POLLUTION CONTROL COUNCIL Ex. Ord. No. 11523, eff. Apr. 9, 1970, 35 F.R. 5993, pro- vided: 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 Indus- trial 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 Chair- man, shall appoint an Executive Director of the Indus- trial Council. SEC. 2. Functions of the Industrial Council. The Indus- trial Council shall advise the President and the Chair- man of the Council on Environmental Quality, through the Secretary, on programs of industry relating to the quality of the environment. In particular, the Indus- trial Council may— (1) Survey and evaluate the plans and actions of in- dustry 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 envi- ronment, 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 Sec- retary, or by the Chairman of the Council on Environ- mental Quality through the Secretary. SEC. 3. Subordinate Committees. The Industrial Council may establish, with the concurrence of the Secretary, such subordinate committees as it may deem appro- priate 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 compli- ance 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 discre- tionary 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 re- stricting 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 activi- ties 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 amend- ed 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 vehi- cles—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 to- ward 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 Con- stitution of the United States and in furtherance of the Page 6105 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 purpose and policy of the National Environmental Pol- icy 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 re- sources 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 cus- tody 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- tucky and Tennessee and are designated as ‘‘Land Be- tween 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 Ten- nessee 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 au- thorized 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 employ- ment, 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 per- mitted, 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 fur- ther 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 dam- age to soil, watershed, vegetation, or other resources of the public lands. (2) Areas and trails shall be located to minimize har- assment of wildlife or significant disruption of wildlife habitats. (3) Areas and trails shall be located to minimize con- flicts 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, tak- ing 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 promulga- tion 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 re- source values, preserving public health, safety, and wel- fare, 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, includ- ing maps, describing such areas and trails and explain- ing the conditions on vehicle use. He shall seek co- operation of relevant State agencies in the dissemina- tion of this information. SEC. 6. Enforcement. The respective agency head shall, where authorized by law, prescribe appropriate pen- alties for violation of regulations adopted pursuant to this order, and shall establish procedures for the en- forcement of those regulations. To the extent per- mitted by law, he may enter into agreements with State or local governmental agencies for cooperative enforcement of laws and regulations relating to off- road 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, con- sult with the Secretary of Energy and the Nuclear Reg- ulatory Commission. SEC. 8. Monitoring of Effects and Review. (a) The re- spective agency head shall monitor the effects of the use of off-road vehicles on lands under their jurisdic- tions. 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) Not- withstanding the provisions of Section 3 of this Order, the respective agency head shall, whenever he deter- mines that the use of off-road vehicles will cause or is causing considerable adverse effects on the soil, vegeta- tion, wildlife, wildlife habitat or cultural or historic re- sources 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 with- in his jurisdiction shall be closed to use by off-road ve- hicles except those areas or trails which are suitable and specifically designated as open to such use pursu- ant 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 eco- systems on lands and waters under their control, and which directed executive agencies to restrict the expor- tation of native species for introduction of such species into ecosystems outside the United States where they do not naturally occur, unless such introduction or ex- portation 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: Page 6106 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 By virtue of the authority vested in me by the Con- stitution 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 indi- rect support of floodplain development wherever there is a practicable alternative, it is hereby ordered as fol- lows: 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 construc- tion and improvements; and (3) conducting Federal ac- tivities and programs affecting land use, including but not limited to water and related land resources plan- ning, regulating, and licensing activities. SEC. 2. In carrying out the activities described in Sec- tion 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 pro- grams and budget requests reflect consideration of flood hazards and floodplain management; and to pre- scribe procedures to implement the policies and re- quirements of this Order, as follows, to the extent per- mitted by law: (a)(1) Before taking an action, each agency shall de- termine whether the proposed action will occur in a floodplain—for major Federal actions significantly af- fecting the quality of the human environment, the evaluation required below will be included in any state- ment prepared under Section 102(2)(C) of the National Environmental Policy Act [42 U.S.C. 4332(2)(C)]. To de- termine 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 informa- tion 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 nature- based approaches when developing alternatives for con- sideration. 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 po- tential 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 con- taining 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 no- tice, not to exceed three pages in length including a lo- cation map, to the state and areawide A–95 clearing- houses 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 ac- tion. (4) Each agency shall also provide opportunity for early public review of any plans or proposals for ac- tions 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 en- vironmental 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 appropria- tions 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- sources use appropriate to the degree of hazard in- volved. 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 ad- minister. Agencies shall also encourage and provide ap- propriate guidance to applicants to evaluate the effects of their proposals in floodplains prior to submitting ap- plications 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 Flood- plain 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 Environ- mental 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 up- date 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 reg- ulations 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, ele- vate 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 struc- tures, 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 pub- lic or private parties, the Federal agency shall (1) ref- erence in the conveyance those uses that are restricted under identified Federal, State or local floodplain regu- lations; and (2) attach other appropriate restrictions to the uses of properties by the grantee or purchaser and Page 6107 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 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 Dis- aster Protection Act of 1973, as amended (42 U.S.C. 4012a, 4106, and 4128), agencies which guarantee, ap- prove, 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 partici- pating 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 status of their procedures and the impact of this Order on the agency’s operations. Thereafter, the Water Re- sources Council shall periodically evaluate agency pro- cedures 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 mili- tary departments; the directives contained in this Order, however, are meant to apply only to those agen- cies 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 occur- rence in any given year. (c) The term ‘‘floodplain’’ shall mean the lowland and relatively flat areas adjoining inland and coastal wa- ters including floodprone areas of offshore islands. The floodplain shall be established using one of the fol- lowing 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 hy- draulic 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 non- critical 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 an- nual 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 ac- tion from paragraph (1) where it is in the interest of na- tional security, where the agency action is an emer- gency 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 require- ment 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 activ- ity 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, per- formed 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 re- sponsibilities for environmental review, decision- making, and action pursuant to the National Environ- mental 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: By virtue of the authority vested in me by the Con- stitution 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 ad- verse impacts associated with the destruction or modi- fication of wetlands and to avoid direct or indirect sup- port of new construction in wetlands wherever there is a practicable alternative, it is hereby ordered as fol- lows: 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 en- hance the natural and beneficial values of wetlands in carrying out the agency’s responsibilities for (1) acquir- ing, managing, and disposing of Federal lands and fa- cilities; and (2) providing Federally undertaken, fi- nanced, or assisted construction and improvements; and (3) conducting Federal activities and programs af- fecting land use, including but not limited to water and related land resources planning, regulating, and licens- ing activities. (b) This Order does not apply to the issuance by Fed- eral agencies of permits, licenses, or allocations to pri- vate parties for activities involving wetlands on non- Federal 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 pro- posed action includes all practicable measures to mini- mize 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 perti- nent 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 ac- complish this objective for Federal actions whose im- pact is not significant enough to require the prepara- tion of an environmental impact statement under Sec- tion 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 appro- priations 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, Page 6108 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 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 prop- erties from disposal. SEC. 5. In carrying out the activities described in Sec- tion 1 of this Order, each agency shall consider factors relevant to a proposal’s effect on the survival and qual- ity 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 con- servation 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 (c) other uses of wetlands in the public interest, in- cluding 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 proc- esses, 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 mili- tary departments; the directives contained in this Order, however, are meant to apply only to those agen- cies which perform the activities described in Section 1 which are located in or affecting wetlands. (b) The term ‘‘new construction’’ shall include drain- ing, 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 satu- rated soil conditions for growth and reproduction. Wet- lands 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 pres- ently 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, per- formed 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 Develop- ment 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 appli- cant has also assumed, with respect to such projects, all of the responsibilities for environmental review, de- cisionmaking, and action pursuant to the National En- vironmental 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 compli- ance 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 respon- sible for ensuring that all necessary actions are taken for the prevention, control, and abatement of environ- mental pollution with respect to Federal facilities and activities under the control of the agency. 1–102. The head of each Executive agency is respon- sible 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 re- quirements 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 Agen- cy, 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 ad- vice 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 com- pliance 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 Page 6109 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 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 preven- tion, control and abatement of environmental pollution are not used for any other purpose unless permitted by law and specifically approved by the Office of Manage- ment 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 noti- fying agency and provide for its approval a plan to 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 Ex- ecutive agencies and, on request of any party, such con- flicts between an Executive agency and a State, inter- state, 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 re- solve the conflict. 1–603. The Director of the Office of Management and Budget shall consider unresolved conflicts at the re- quest of the Administrator. The Director shall seek the Administrator’s technological judgment and deter- mination with regard to the applicability of statues and regulations. 1–604. These conflict resolution procedures are in ad- dition 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 con- strued to revise or modify any applicable pollution con- trol 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 na- tional 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 rec- ommendation 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 re- sponsible for the construction or operation of Federal facilities outside the United States shall ensure that such construction or operation complies with the envi- ronmental pollution control standards of general appli- cability 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 Con- stitution and the laws of the United States, and as President of the United States, in order to further envi- ronmental 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 agen- cies having ultimate responsibility for authorizing and approving actions encompassed by this Order to be in- formed of pertinent environmental considerations and to take such considerations into account, with other pertinent considerations of national policy, in making decisions regarding such actions. While based on inde- pendent 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 Sanc- tuaries 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 secu- rity policy of the United States, and represents the United States government’s exclusive and complete de- termination 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 terri- tories and possessions. SECTION 2 2–1. Agency Procedures. Every Federal agency taking major Federal actions encompassed hereby and not ex- empted herefrom having significant effects on the envi- ronment 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 na- tions shall conduct a program for exchange on a con- tinuing basis of information concerning the environ- ment. The objectives of this program shall be to pro- vide information for use by decisionmakers, to height- en awareness of and interest in environmental concerns and, as appropriate, to facilitate environmental co- operation 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 author- izing and approving actions in one of the following cat- egories encompassed by this Order, take into consider- ation 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 juris- diction 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 ac- tion; (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 prin- cipal product or an emission or effluent, which is pro- hibited or strictly regulated by Federal law in the United States because its toxic effects on the environ- ment 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 pro- tect the environment against radioactive substances. (d) major Federal actions outside the United States, its territories and possessions which significantly af- Page 6110 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 fect natural or ecological resources of global impor- tance designated for protection under this subsection by the President, or, in the case of such a resource pro- tected by international agreement binding on the United States, by the Secretary of State. Recommenda- tions to the President under this subsection shall be ac- companied by the views of the Council on Environ- mental Quality and the Secretary of State. 2–4. Applicable Procedures. (a) There are the following types of documents to be used in connection with ac- tions described in Section 2–3: (i) environmental impact statements (including ge- neric, program and specific statements); (ii) bilateral or multilateral environmental studies, relevant or related to the proposed action, by the 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 in- volved, including environmental assessments, summary environmental analyses or other appropriate docu- ments. (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 fol- lows: (i) for effects described in Section 2–3(a), an environ- mental 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 docu- ment described in Section 2–4(a)(ii) or (iii), as deter- mined 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 de- scribed 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 Ma- rine 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 tak- ing action encompassed by this Order shall, as soon as feasible, inform other Federal agencies with relevant expertise of the availability of environmental docu- ments 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 environ- mental documents prepared pursuant to those proce- dures. In order to avoid duplication of resources, agencies in their procedures shall provide for appropriate utiliza- tion of the resources of other Federal agencies with rel- evant environmental jurisdiction or expertise. 2–5. Exemptions and Considerations. (a) Notwith- standing Section 2–3, the following actions are exempt from this Order: (i) actions not having a significant effect on the envi- ronment 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 se- curity 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 ac- tions providing to a foreign nation a nuclear produc- tion or utilization facility as defined in the Atomic En- ergy 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 con- ferences and organizations; (vii) disaster and emergency relief action. (b) Agency procedures under Section 2–1 imple- menting Section 2–4 may provide for appropriate modi- fications in the contents, timing and availability of documents to other affected Federal agencies and af- fected nations, where necessary to: (i) enable the agency to decide and act promptly as and when required; (ii) avoid adverse impacts on foreign relations or in- fringement in fact or appearance of other nations’ sov- ereign responsibilities, or (iii) ensure appropriate reflection of: (1) diplomatic factors; (2) international commercial, competitive and export promotion factors; (3) needs for governmental or commercial confiden- tiality; (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 Sec- tion as may be necessary to meet emergency cir- cumstances, 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 Envi- ronmental Quality. (d) The provisions of Section 2–5 do not apply to ac- tions described in Section 2–3(a) unless permitted by law. SECTION 3 3–1. Rights of Action. This Order is solely for the pur- pose of establishing internal procedures for Federal agencies to consider the significant effects of their ac- tions 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 for- eign governments concerning environmental agree- ments and other arrangements in implementation of this Order. 3–3. Multi-Agency Actions. Where more than one Fed- eral 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, ‘‘envi- ronment’’ 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 ap- provals’’ 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 environ- mental impact statement, and if the action also has ef- fects on the environment of a foreign nation, an envi- ronmental impact statement need not be prepared with respect to the effects on the environment of the foreign nation. JIMMY CARTER. Page 6111 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 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 1013 of Title 5, Govern- ment 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 administra- tion, was revoked by Ex. Ord. No. 12852, § 4(c), June 29, 1993, 58 F.R. 35841, formerly set out below. EX. ORD. NO. 12761. ESTABLISHMENT OF PRESIDENT’S ENVIRONMENT AND CONSERVATION CHALLENGE AWARDS Ex. Ord. No. 12761, May 21, 1991, 56 F.R. 23645, pro- vided: 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 Envi- ronmental 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 out- standing achievements in the United States and in its territories in the areas of conservation and environ- mental protection by both the public and private sec- tors, it is hereby ordered as follows: SECTION 1. Establishment. The President’s Environ- ment and Conservation Challenge Awards program is established for the purposes of recognizing outstanding environmental achievements by U.S. citizens, enter- prises, or programs; providing an incentive for environ- mental accomplishment; promoting cooperative part- nerships between diverse groups working together to achieve common environmental goals; and identifying successful environmental programs that can be rep- licated. SEC. 2. Administration. (a) The Council on Environ- mental 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 se- lection of award recipients. (b) Any expenses of the program shall be paid from funds available for the expenses of the Council on Envi- ronmental Quality. SEC. 3. Awards. (a) Up to three awards in each of the following four categories shall be made annually to eli- gible individuals, organizations, groups, or entities: (i) Quality Environmental Management Awards (in- corporation of environmental concerns into manage- ment decisions and practices); (ii) Partnership Awards (successful coalition building efforts); (iii) Innovation Awards (innovative technology pro- grams, products, or processes); and (iv) Education and Communication Awards (edu- cation and information programs contributing to the development of an ethic fostering conservation and en- vironmental 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 Environ- mental Quality shall establish and maintain a data bank with information about award nominees to cata- logue and publicize model conservation or environ- mental 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 F.R. 53880, formerly set out as a note under section 1013 of Title 5, Government Organization and Employees. EX. ORD. NO. 12898. FEDERAL ACTIONS TO ADDRESS ENVI- RONMENTAL 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; Ex. Ord. No. 14008, § 220, Jan. 27, 2021, 86 F.R. 7629; Ex. Ord. No. 14082, § 4(b), Sept. 12, 2022, 87 F.R. 56863; Ex. Ord. No. 14096, § 7, Apr. 21, 2023, 88 F.R. 25258, 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, dispropor- tionately high and adverse human health or environ- mental 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 En- vironmental Justice. (a) There is hereby created within the Executive Office of the President a White House Environmental Justice Interagency Council (Inter- agency Council). The Chair of the Council on Environ- mental Quality shall serve as Chair of the Interagency Council. (b) Membership. The Interagency Council shall con- sist of the following additional members: (i) the Secretary of State; (ii) the Secretary of Defense; (iii) the Attorney General; (iv) the Secretary of the Interior; (v) the Secretary of Agriculture; (vi) the Secretary of Commerce; (vii) the Secretary of Labor; (viii) the Secretary of Health and Human Services; (ix) the Secretary of Housing and Urban Develop- ment; (x) the Secretary of Transportation; (xi) the Secretary of Energy; (xii) the Secretary of Veterans Affairs; (xiii) the Secretary of Homeland Security; (xiv) the Administrator of the Environmental Protec- tion Agency; (xv) the Director of the Office of Management and Budget; (xvi) the Chair of the Council of Economic Advisers; (xvii) the Administrator of General Services; (xviii) the Executive Director of the Federal Permit- ting Improvement Steering Council; (xix) the Director of the Office of Science and Tech- nology Policy; (xx) the Assistant to the President and National Cli- mate Advisor; (xxi) the Assistant to the President for Domestic Pol- icy; (xxii) the Assistant to the President for Economic Policy; Page 6112 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 (xxiii) the Executive Director of the White House Gender Policy Council; (xxiv) the Senior Advisor to the President for Clean Energy Innovation and Implementation; and (xxv) other relevant agency heads as determined by the Chair of CEQ. (c) At the direction of the Chair, the Interagency Council may establish subgroups consisting exclusively of Interagency Council members or their designees under this section, as appropriate. (d) Mission and Work. The Interagency Council shall develop a strategy to address current and historic envi- ronmental injustice by consulting with the White House Environmental Justice Advisory Council and with local environmental justice leaders. The Inter- agency Council shall also develop clear performance metrics to ensure accountability, and publish an an- nual public performance scorecard on its implementa- tion. The Interagency Council shall support and facili- tate interagency collaboration on programs and activi- ties related to environmental justice, including the de- velopment of materials for environmental justice train- ing to build the capacity of Federal employees to ad- vance environmental justice and to increase the mean- ingful participation of individuals from communities with environmental justice concerns in Federal activi- ties. (e) Administration. The Office of Administration within the Executive Office of the President shall pro- vide funding and administrative support for the Inter- agency Council, to the extent permitted by law and within existing appropriations. To the extent permitted by law, including the Economy Act (31 U.S.C. 1535), and subject to the availability of appropriations, the De- partment of Labor, the Department of Transportation, and the Environmental Protection Agency shall pro- vide administrative support as necessary. (f) Meetings and Staff. The Chair shall convene reg- ular meetings of the Council, determine its agenda, and direct its work. The Chair shall designate an Executive Director of the Council, who shall coordinate the work of the Interagency Council and head any staff assigned to the Council. (g) Officers. The head of each agency on the Inter- agency Council shall designate an Environmental Jus- tice Officer within the agency with the authority to represent the agency on the Interagency Council and with the responsibility for leading agency planning and implementation of the agency’s Environmental Justice Strategic Plan, coordinating with CEQ and other agen- cies, and performing such other duties related to ad- vancing environmental justice as the head of the agen- cy deems appropriate. (h) Memorandum of Understanding. The Interagency Council shall adopt a Memorandum of Understanding among its members that sets forth the objectives, structure, and planned operations of the Interagency Council. (i) Public meetings. In coordination with the White House Environmental Justice Advisory Council, the Interagency Council shall hold at least one public meeting per year. The Interagency Council shall pre- pare, for public review, a summary of the comments and recommendations discussed at public meetings of the Interagency Council. (j) Clearinghouse. The Administrator of EPA, in co- ordination with the Interagency Council, shall, no later than March 31, 2024, establish a public, internet-based, whole-of-government clearinghouse composed of cul- turally and linguistically appropriate and accessible materials related to environmental justice, including: (i) information describing the activities of the mem- bers of the Interagency Council to address issues relat- ing to environmental justice; (ii) information on technical assistance, tools, and re- sources to assist communities with environmental jus- tice concerns in building capacity for public participa- tion; (iii) copies of training materials developed by the Interagency Council or its members to help individuals and employees understand and carry out environmental justice activities; and (iv) any other information deemed appropriate by the Administrator, in coordination with the Interagency Council. 1–103. Development of Agency Strategies. (a) Except as provided in section 6–605 of this order, each Federal agency shall develop an agency-wide environmental justice strategy, as set forth in subsections (b)–(e) of this section that identifies and addresses disproportion- ately high and adverse human health or environmental effects of its programs, policies, and activities on mi- nority 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 popu- lations and low-income populations; (2) ensure greater public participation; (3) improve research and data col- lection relating to the health of and environment of minority populations and low-income populations; and (4) identify differential patterns of consumption of nat- ural resources among minority populations and low-in- come populations. In addition, the environmental jus- tice strategy shall include, where appropriate, a time- table for undertaking identified revisions and consider- ation of economic and social implications of the revi- sions. (b) Within 4 months of the date of this order, each Federal agency shall identify an internal administra- tive 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 strat- egy. (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 final- ize 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 envi- ronmental justice strategy, shall identify several spe- cific projects that can be promptly undertaken to ad- dress particular concerns identified during the develop- ment 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 environ- mental 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 Assist- ant 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 per- sons (including populations) from participation in, de- nying persons (including populations) the benefits of, or subjecting persons (including populations) to dis- crimination under, such programs, policies, and activi- ties, because of their race, color, or national origin. SEC. 3–3. RESEARCH, DATA COLLECTION, AND ANALYSIS. Page 6113 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 3–301. Human Health and Environmental Research and Analysis. (a) Environmental human health research, whenever practicable and appropriate, shall include di- verse segments of the population in epidemiological and clinical studies, including segments at high risk from environmental hazards, such as minority popu- lations, low-income populations and workers who may be exposed to substantial environmental hazards. (b) Environmental human health analyses, whenever practicable and appropriate, shall identify multiple and cumulative exposures. (c) Federal agencies shall provide minority popu- lations 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 prac- tical and appropriate, Federal agencies shall use this information to determine whether their programs, poli- cies, and activities have disproportionately high and adverse human health or environmental effects on mi- nority populations and low-income populations; (b) In connection with the development and imple- mentation of agency strategies in section 1–103 of this order, each Federal agency, whenever practicable and appropriate, shall collect, maintain and analyze infor- mation 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 substan- tial 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 infor- mation 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 Emer- gency 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) ex- pected 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 appro- priate, shall share information and eliminate unneces- sary duplication of efforts through the use of existing data systems and cooperative agreements among Fed- eral agencies and with State, local, and tribal govern- ments. SEC. 4–4. SUBSISTENCE CONSUMPTION OF FISH AND WILDLIFE. 4–401. Consumption Patterns. In order to assist in iden- tifying the need for ensuring protection of populations with differential patterns of subsistence consumption of fish and wildlife, Federal agencies, whenever prac- ticable 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 prac- ticable and appropriate, shall work in a coordinated manner to publish guidance reflecting the latest sci- entific 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 rec- ommendations to Federal agencies relating to the in- corporation of environmental justice principles into Federal agency programs or policies. Each Federal agency shall convey such recommendations to the Interagency Council. (b) Each Federal agency may, whenever practicable and appropriate, translate crucial public documents, 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, under- standable, 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 pre- pare 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 en- suring compliance with this order. Each Federal agen- cy 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 Execu- tive Order No. 12875 [former 5 U.S.C. 601 note]. 6–604. Scope. For purposes of this order, Federal agen- cy 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, Fed- eral agencies shall assume the financial costs of com- plying 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. 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: Page 6114 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 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 dem- onstrates that children may suffer disproportionately 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 di- minish 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 agen- cy’s mission, each Federal agency: (a) shall make it a high priority to identify and as- sess 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 chil- dren that result from environmental health risks or safety risks. 1–102. Each independent regulatory agency is encour- aged 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 regu- latory 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 De- partment of Defense. 2–202. ‘‘Covered regulatory action’’ means any sub- stantive 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 econ- omy, a sector of the economy, productivity, competi- tion, 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 dis- proportionately 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 Chil- dren (‘‘Task Force’’). 3–302. The Task Force will report to the President in consultation with the Domestic Policy Council, the Na- tional 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 Commis- sion; (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, des- ignate. Members of the Task Force may delegate their re- sponsibilities under this order to subordinates. 3–304. Functions. The Task Force shall recommend to the President Federal strategies for children’s environ- mental health and safety, within the limits of the Ad- ministration’s budget, to include the following ele- ments: (a) statements of principles, general policy, and tar- geted 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 commu- nication to assist families in evaluating risks to chil- dren and in making informed consumer choices; (e) an identification of high-priority initiatives that the Federal Government has undertaken or will under- take in advancing protection of children’s environ- mental health and safety; and (f) a statement regarding the desirability of new leg- islation 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 en- hance our ability to understand, analyze, and respond to environmental health risks and safety risks to chil- dren. For purposes of this report, executive depart- ments, the Environmental Protection Agency, and other agencies identified by the Task Force shall iden- tify 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 re- port and ensure that this report is publicly available and widely disseminated. The Office of Science and Technology Policy and the National Science and Tech- nology 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 re- view of existing and planned data resources and a pro- posed plan for ensuring that researchers and Federal research agencies have access to information on all re- search conducted or funded by the Federal Government that is related to adverse health risks in children re- sulting 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 informa- tion 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. Page 6115 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 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: (a) an evaluation of the environmental health or safe- ty 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 re- view 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 rule- making 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 Statis- tics. 6–601. The Director of the OMB (‘‘Director’’) shall convene an Interagency Forum on Child and Family Statistics (‘‘Forum’’), which will include representa- tives from the appropriate Federal statistics and re- search agencies. The Forum shall produce a biennial compendium (‘‘Report’’) of the most important indica- tors 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 dupli- cation 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 Ken- nedy Shriver National Institute of Child Health and Human Development]. The Forum shall present the first annual Report to the President, through the Di- rector, 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 man- agement of the executive branch. This order is not in- tended, 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 cre- ate any right to judicial review involving the compli- ance 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 re- voked. 7–703. Nothing in this order shall be construed to im- pair or otherwise affect the functions of the Director of the Office of Management and Budget relating to budg- et, 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 ad- jacent communities, it is hereby ordered as follows: SECTION 1. Policies. (a) The American Heritage Rivers initiative has three objectives: natural resource and environmental protec- tion, economic revitalization, and historic and cultural preservation. (b) Executive agencies (‘‘agencies’’), to the extent permitted by law and consistent with their missions and resources, shall coordinate Federal plans, func- tions, 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 ef- ficiencies 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 Amer- ican Heritage Rivers initiative. This initiative will not interfere with matters of State, local, and tribal gov- ernment jurisdiction. (e) In furtherance of these policies, the President will designate rivers that meet certain criteria as ‘‘Amer- ican Heritage Rivers.’’ (f) It is the policy of the Federal Government that communities shall nominate rivers as American Herit- age Rivers and the Federal role will be solely to sup- port 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 nongovern- mental 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 govern- ments. 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 Fed- eral services and programs. Agencies are directed, where appropriate, to reduce and make more flexible procedural requirements and paperwork related to pro- viding assistance to communities along designated riv- ers. (j) Agencies shall commit to a policy under which they will seek to ensure that their actions have a posi- tive effect on the natural, historic, economic, and cul- tural resources of American Heritage River commu- nities. 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 partner- ships 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 riv- ers, 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 Page 6116 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 their river, river stretch, or river confluence for des- ignation 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. (b) Selection Criteria. Nominations will be judged based on the following: (1) the characteristics of the natural, economic, agri- cultural, scenic, historic, cultural, or recreational re- sources 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 Amer- ican 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 rep- resenting natural, cultural, and historic resources; sce- nic, environmental, and recreation interests; tourism, transportation, and economic development interests; and industries such as agriculture, hydropower, manu- facturing, mining, and forest management. The Chair of the CEQ will ensure that the rivers recommended represent a variety of stream sizes, diverse geo- graphical locations, and a wide range of settings from urban to rural and ensure that relatively pristine, suc- cessful 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 initia- tive. (2) The Interagency Committee provided for in sec- tion 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 designa- tion be revoked. The Chair shall notify the community at least 30 days prior to making such a recommenda- tion 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 Riv- ers Interagency Committee (‘‘Committee’’). The Com- mittee 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 Protec- tion 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. 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 sup- port of the American Heritage Rivers; (3) report to the President on the progress, accom- plishments, 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. Con- sistent with Title I of the National Environmental Pol- icy 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 commu- nities 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 devel- oped 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 in- formation to the extent permitted by law and con- sistent with the agencies mission and resources; (e) cooperate with State, local, and tribal govern- ments and communities with respect to their activities that take place in, or affect the area around, an Amer- ican 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 indi- vidual 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 ex- tent 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 Exec- utive 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, Ex- ecutive 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, for- merly set out as a note under section 1013 of Title 5, Government Organization and Employees. Page 6117 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 PROC. NO. 7112. DESIGNATION OF AMERICAN HERITAGE RIVERS Proc. No. 7112, July 30, 1998, 63 F.R. 41949, provided: 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 ex- isting programs and resources of the Federal Govern- ment. From across the country, hundreds of commu- nities answered my call for nominations, asking that their rivers be designated American Heritage Rivers. I applaud all of the communities that have drawn to- gether and dedicated themselves to the goal of healthy rivers, now and forever. Having reviewed the recommendations of the Amer- ican Heritage Rivers Initiative Advisory Committee, I am pleased to be able to recognize a select group of riv- ers and communities that reflect the true diversity and splendor of America’s natural endowment, and the tre- mendous 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 Con- necticut, 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 Illi- nois, Iowa, Minnesota, Missouri, and Wisconsin; • The Lower Mississippi River, in the States of Lou- isiana 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 Inde- pendence of the United States of America the two hun- dred and twenty-third. WILLIAM J. CLINTON. EX. ORD. NO. 13112. INVASIVE SPECIES Ex. Ord. No. 13112, Feb. 3, 1999, 64 F.R. 6183, as amend- ed by Ex. Ord. No. 13286, § 15, Feb. 28, 2003, 68 F.R. 10623; Ex. Ord. No. 13751, §§ 2, 3, 5–9, Dec. 5, 2016, 81 F.R. 88610, 88612–88614, 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.), Non- indigenous 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 Spe- cies 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 fol- lows: SECTION 1. Definitions. (a) ‘‘Control’’ means con- taining, suppressing, or reducing populations of invasive species. (b) ‘‘Eradication’’ means the removal or destruction of an entire population of invasive species. (c) ‘‘Federal agency’’ means an executive department or agency, but does not include independent establish- ments as defined by 5 U.S.C. 104. (d) ‘‘Introduction’’ means, as a result of human activ- ity, the intentional or unintentional escape, release, dissemination, or placement of an organism into an ecosystem to which it is not native. (e) ‘‘Invasive species’’ means, with regard to a par- ticular ecosystem, a non-native organism whose intro- duction causes or is likely to cause economic or envi- ronmental harm, or harm to human, animal, or plant health. (f) ‘‘Non-native species’’ or ‘‘alien species’’ means, with respect to a particular ecosystem, an organism, including its seeds, eggs, spores, or other biological ma- terial capable of propagating that species, that occurs outside of its natural range. (g) ‘‘Pathway’’ means the mechanisms and processes by which non-native species are moved, intentionally or unintentionally, into a new ecosystem. (h) ‘‘Prevention’’ means the action of stopping invasive species from being introduced or spreading into a new ecosystem. (i) ‘‘United States’’ means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the U.S. Virgin Islands, the Common- wealth of the Northern Mariana Islands, all posses- sions, and the territorial sea of the United States as de- fined by Presidential Proclamation 5928 of December 27, 1988. SEC. 2. Federal Agency Duties. (a) Each Federal agency for which that agency’s actions may affect the intro- duction, establishment, or spread of invasive species shall, to the extent practicable and permitted by law, (1) identify such agency actions; (2) subject to the availability of appropriations, and within administrative, budgetary, and jurisdictional limits, use relevant agency programs and authorities to: (i) prevent the introduction, establishment, and spread of invasive species; (ii) detect and respond rapidly to eradicate or con- trol populations of invasive species in a manner that is cost-effective and minimizes human, animal, plant, and environmental health risks; (iii) monitor invasive species populations accu- rately and reliably; (iv) provide for the restoration of native species, ecosystems, and other assets that have been impacted by invasive species; (v) conduct research on invasive species and de- velop and apply technologies to prevent their intro- duction, and provide for environmentally sound methods of eradication and control of invasive spe- cies; (vi) promote public education and action on invasive species, their pathways, and ways to address them, with an emphasis on prevention, and early de- tection and rapid response; (vii) assess and strengthen, as appropriate, policy and regulatory frameworks pertaining to the preven- tion, eradication, and control of invasive species and address regulatory gaps, inconsistencies, and con- flicts; (viii) coordinate with and complement similar ef- forts of States, territories, federally recognized American Indian tribes, Alaska Native Corporations, Native Hawaiians, local governments, nongovern- mental organizations, and the private sector; and (ix) in consultation with the Department of State and with other agencies as appropriate, coordinate with foreign governments to prevent the movement and minimize the impacts of invasive species; and (3) refrain from authorizing, funding, or imple- menting actions that are likely to cause or promote the introduction, establishment, or spread of invasive species in the United States unless, pursuant to guide- lines that it has prescribed, the agency has determined and made public its determination that the benefits of such actions clearly outweigh the potential harm Page 6118 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 caused by invasive species; and that all feasible and prudent measures to minimize risk of harm will be taken in conjunction with the actions. (c) [sic] Federal agencies shall pursue the duties set forth in this section in coordination, to the extent practicable, with other member agencies of the Council and staff, consistent with the National Invasive Species Council Management Plan, and in cooperation with State, local, tribal, and territorial governments, and stakeholders, as appropriate, and in consultation with the Department of State when Federal agencies are working with international organizations and foreign nations. (d) Federal agencies that are members of the Council, and Federal interagency bodies working on issues rel- evant to the prevention, eradication, and control of invasive species, shall provide the Council with annual information on actions taken that implement these du- ties and identify barriers to advancing priority actions. (e) To the extent practicable, Federal agencies shall also expand the use of new and existing technologies and practices; develop, share, and utilize similar metrics and standards, methodologies, and databases and, where relevant, platforms for monitoring invasive species; and, facilitate the interoperability of informa- tion systems, open data, data analytics, predictive modeling, and data reporting necessary to inform time- ly, science-based decision making. SEC. 3. National Invasive Species Council. (a) A Na- tional Invasive Species Council (Council) is hereby es- tablished. The mission of the Council is to provide the vision and leadership to coordinate, sustain, and ex- pand Federal efforts to safeguard the interests of the United States through the prevention, eradication, and control of invasive species, and through the restoration of ecosystems and other assets impacted by invasive species. (b) The Council’s membership shall be composed of the following officials, who may designate a senior- level representative to perform the functions of the member: (i) Secretary of State; (ii) Secretary of the Treasury; (iii) Secretary of Defense; (iv) Secretary of the Interior; (v) Secretary of Agriculture; (vi) Secretary of Commerce; (vii) Secretary of Health and Human Services; (viii) Secretary of Transportation; (ix) Secretary of Homeland Security; (x) Administrator of the National Aeronautics and Space Administration; (xi) Administrator of the Environmental Protection Agency; (xii) Administrator of the United States Agency for International Development; (xiii) United States Trade Representative; (xiv) Director or Chair of the following components of the Executive Office of the President: the Office of Science and Technology Policy, the Council on Envi- ronmental Quality, and the Office of Management and Budget; and (xv) Officials from such other departments, agencies, offices, or entities as the agencies set forth above, by consensus, deem appropriate. (c) The Council shall be co-chaired by the Secretary of the Interior (Secretary), the Secretary of Agri- culture, and the Secretary of Commerce, who shall meet quarterly or more frequently if needed, and who may designate a senior-level representative to perform the functions of the Co-Chair. The Council shall meet no less than once each year. The Secretary of the Inte- rior shall, after consultation with the Co-Chairs, ap- point an Executive Director of the Council to oversee a staff that supports the duties of the Council. Within 1 year of the date of this order, the Co-Chairs of the Council shall, with consensus of its members, complete a charter, which shall include any administrative poli- cies and processes necessary to ensure the Council can satisfy the functions and responsibilities described in this order. (d) The Secretary of the Interior shall maintain the current Invasive Species Advisory Committee estab- lished under the Federal Advisory Committee Act, [former] 5 U.S.C. App. [see 5 U.S.C. 1001 et seq.], to pro- vide information and advice for consideration by the Council. The Secretary shall, after consultation with other members of the Council, appoint members of the advisory committee who represent diverse stakeholders and who have expertise to advise the Council. (e) Administration of the Council. The Department of the Interior shall provide funding and administrative support for the Council and the advisory committee consistent with existing authorities. To the extent per- mitted by law, including the Economy Act, and within existing appropriations, participating agencies may de- tail staff to the Department of the Interior to support the Council’s efforts. SEC. 4. Duties of the National Invasive Species Council. The Council shall provide national leadership regarding invasive species and shall: (a) with regard to the implementation of this order, work to ensure that the Federal agency and inter- agency activities concerning invasive species are co- ordinated, complementary, cost-efficient, and effective; (b) undertake a National Invasive Species Assessment in coordination with the U.S. Global Change Research Program’s periodic national assessment, that evaluates the impact of invasive species on major U.S. assets, in- cluding food security, water resources, infrastructure, the environment, human, animal, and plant health, natural resources, cultural identity and resources, and military readiness, from ecological, social, and eco- nomic perspectives; (c) advance national incident response, data collec- tion, and rapid reporting capacities that build on exist- ing frameworks and programs and strengthen early de- tection of and rapid response to invasive species, in- cluding those that are vectors, reservoirs, or causative agents of disease; (d) publish an assessment by 2020 that identifies the most pressing scientific, technical, and programmatic coordination challenges to the Federal Government’s capacity to prevent the introduction of invasive spe- cies, and that incorporate recommendations and pri- ority actions to overcome these challenges into the Na- tional Invasive Species Council Management Plan, as appropriate; (e) support and encourage the development of new technologies and practices, and promote the use of ex- isting technologies and practices, to prevent, eradicate, and control invasive species, including those that are vectors, reservoirs, and causative agents of disease; (f) convene annually to discuss and coordinate inter- agency priorities and report annually on activities and budget requirements for programs that contribute di- rectly to the implementation of this order; and (g) publish a National Invasive Species Council Man- agement Plan as set forth in section 5 of this order. SEC. 5. National Invasive Species Council Management Plan. (a) By December 31, 2019, the Council shall publish a National Invasive Species Council Management Plan (Management Plan), which shall, among other prior- ities identified by the Council, include actions to fur- ther the implementation of the duties of the National Invasive Species Council. (b) The Management Plan shall recommend strate- gies to: (1) provide institutional leadership and priority set- ting; (2) achieve effective interagency coordination and cost-efficiency; (3) raise awareness and motivate action, including through the promotion of appropriate transparency, community-level consultation, and stakeholder out- reach concerning the benefits and risks to human, ani- mal, or plant health when controlling or eradicating an invasive species; (4) remove institutional and policy barriers; (5) assess and strengthen capacities; and (6) foster scientific, technical, and programmatic in- novation. Page 6119 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 (c) The Council shall evaluate the effectiveness of the Management Plan implementation and update the Plan every 3 years. The Council shall provide an annual re- port of its achievements to the public. (d) Council members may complement the Manage- ment Plan with invasive species policies and plans spe- cific to their respective agency’s roles, responsibilities, and authorities. SEC. 6. Judicial Review and Administration. (a) This order is intended only to improve the internal manage- ment of the executive branch and is not intended to create any right, benefit, or trust responsibility, sub- stantive or procedural, enforceable at law or equity by a party against the United States, its agencies, its offi- cers, or any other person. (b) Executive Order 11987 of May 24, 1977, is hereby re- voked. (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 duties of section 3(a)(2) [probably means 2(a)(2)] and section 3(a)(3) [2(a)(3)] of this order shall not apply to any action of the Department of State if the Secretary of State finds that exemption from such requirements is necessary for foreign policy, readiness, or national security reasons. The duties of section 3(a)(2) [2(a)(2)] and section 3(a)(3) [2(a)(3)] of this order shall not apply to any action of the Department of De- fense if the Secretary of Defense finds that exemption from such requirements is necessary for foreign policy, readiness, or national security reasons. (e) The requirements of this order do not affect the obligations of the Department of Health and Human Services under the Public Health Service Act or the Federal Food, Drug, and Cosmetic Act. EXTENSION OF TERM OF INVASIVE SPECIES ADVISORY COMMITTEE Term of Invasive Species Advisory Committee ex- tended until Sept. 30, 2025, by Ex. Ord. No. 14109, Sept. 29, 2023, 88 F.R. 68447, set out as a note under section 1013 of Title 5, Government Organization and Employ- ees. Previous extensions of term of Invasive Species Advi- sory Committee were contained in the following prior Executive Orders: Ex. Ord. No. 14048, Sept. 30, 2021, 86 F.R. 55465, ex- tended term until Sept. 30, 2023. Ex. Ord. No. 13811, Sept. 29, 2017, 82 F.R. 46363, ex- tended term until Sept. 30, 2019. Ex. Ord. No. 13708, Sept. 30, 2015, 80 F.R. 60271, ex- tended term until Sept. 30, 2017. 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 com- pliance 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- ergy-related activities under the law in support of their respective missions in an environmentally, economi- cally and fiscally sound, integrated, continuously im- proving, efficient, and sustainable manner, was revoked by Ex. Ord. No. 13693, § 16(a), Mar. 19, 2015, 80 F.R. 15880, formerly set out below. EXECUTIVE ORDER NO. 13514 Ex. Ord. No. 13514, Oct. 5, 2009, 74 F.R. 52117, which re- lated to environmental sustainability in the Federal Government, was revoked by Ex. Ord. No. 13693, § 16(b), Mar. 19, 2015, 80 F.R. 15880, formerly set out below. EXECUTIVE ORDER NO. 13653 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, which related to preparing the United States for the impacts of climate change by undertaking actions to enhance climate preparedness and resilience, was re- voked by Ex. Ord. No. 13783, § 3(a)(i), Mar. 28, 2017, 82 F.R. 16094, formerly set out as a note under section 13201 of this title. 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, revoked by Ex. Ord. No. 13807, § 6, Aug. 15, 2017, 82 F.R. 40469, re- instated by Ex. Ord. No. 14030, § 5(e), May 20, 2021, 86 F.R. 27969, 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 resil- ience 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 pros- perity, and public health and safety, each of which af- fects our national security. The Federal Government must take action, informed by the best-available and actionable science, to im- prove the Nation’s preparedness and resilience against flooding. Executive Order 11988 of May 24, 1977 (Flood- plain Management) [set out above], requires executive departments and agencies (agencies) to avoid, to the extent possible, the long- and short-term adverse im- pacts 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 re- duction consistent with my Climate Action Plan, the Na- tional Security Council staff coordinated an inter- agency effort to create a new flood risk reduction standard for federally funded projects. The views of Governors, mayors, and other stakeholders were solic- ited 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 flexi- ble framework to increase resilience against flooding and help preserve the natural values of floodplains. In- corporating this Standard will ensure that agencies ex- pand management from the current base flood level to a higher vertical elevation and corresponding hori- zontal floodplain to address current and future flood risk and ensure that projects funded with taxpayer dol- lars 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.] SEC. 3. Agency Action. (a) Prior to any action to im- plement the Standard, additional input from stake- holders 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 Flood- plain Management Guidelines for Implementing Execu- Page 6120 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 tive 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 meet- ings 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 Frame- work 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, Fed- eral Interagency Floodplain Management Task Force, Federal Emergency Management Agency, and Council on Environmental Quality, issue or amend existing reg- ulations 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 pe- riod for the draft amendments to the Guidelines as de- scribed 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 Stand- ard 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 de- partment, agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (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. (d) The Water Resources Council shall carry out its responsibilities under this order in consultation with the Mitigation Framework Leadership Group. [BARACK OBAMA.] EXECUTIVE ORDER NO. 13693 Ex. Ord. No. 13693, Mar. 19, 2015, 80 F.R. 15871, which related to planning by executive departments and agen- cies for environmental sustainability, was revoked by Ex. Ord. No. 13834, § 8, May 17, 2018, 83 F.R. 23773, for- merly set out below. EX. ORD. NO. 13751. SAFEGUARDING THE NATION FROM THE IMPACTS OF INVASIVE SPECIES Ex. Ord. No. 13751, Dec. 5, 2016, 81 F.R. 88609, provided: By the authority vested in me as President by the Constitution and to ensure the faithful execution of the laws of the United States of America, including the Na- tional Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et seq.), the Nonindigenous Aquatic Nui- sance Prevention and Control Act of 1990, (16 U.S.C. 4701 et seq.), the Plant Protection Act (7 U.S.C. 7701 et seq.), the Lacey Act, as amended (18 U.S.C. 42, 16 U.S.C. 3371–3378 et seq.), the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), the Noxious Weed Con- trol and Eradication Act of 2004 (7 U.S.C. 7781 et seq.), and other pertinent statutes, to prevent the introduc- tion of invasive species and provide for their control, and to minimize the economic, plant, animal, ecologi- cal, and human health impacts that invasive species cause, it is hereby ordered as follows: SECTION 1. Policy. It is the policy of the United States to prevent the introduction, establishment, and spread of invasive species, as well as to eradicate and control populations of invasive species that are established. Invasive species pose threats to prosperity, security, and quality of life. They have negative impacts on the environment and natural resources, agriculture and food production systems, water resources, human, ani- mal, and plant health, infrastructure, the economy, en- ergy, cultural resources, and military readiness. Every year, invasive species cost the United States billions of dollars in economic losses and other damages. Of substantial growing concern are invasive species that are or may be vectors, reservoirs, and causative agents of disease, which threaten human, animal, and plant health. The introduction, establishment, and spread of invasive species create the potential for seri- ous public health impacts, especially when considered in the context of changing climate conditions. Climate change influences the establishment, spread, and im- pacts of invasive species. Executive Order 13112 of February 3, 1999 (Invasive Species), called upon executive departments and agen- cies to take steps to prevent the introduction and spread of invasive species, and to support efforts to eradicate and control invasive species that are estab- lished. Executive Order 13112 also created a coordi- nating body—the Invasive Species Council, also re- ferred to as the National Invasive Species Council—to oversee implementation of the order, encourage proactive planning and action, develop recommenda- tions for international cooperation, and take other steps to improve the Federal response to invasive spe- cies. Past efforts at preventing, eradicating, and con- trolling invasive species demonstrated that collabora- tion across Federal, State, local, tribal, and territorial government; stakeholders; and the private sector is critical to minimizing the spread of invasive species and that coordinated action is necessary to protect the assets and security of the United States. This order amends Executive Order 13112 and directs actions to continue coordinated Federal prevention and control efforts related to invasive species. This order maintains the National Invasive Species Council (Coun- cil) and the Invasive Species Advisory Committee; ex- pands the membership of the Council; clarifies the op- erations of the Council; incorporates considerations of human and environmental health, climate change, technological innovation, and other emerging priorities into Federal efforts to address invasive species; and strengthens coordinated, cost-efficient Federal action. SEC. 2. Definitions. [Amended Ex. Ord. No. 13112, set out as a note above.] SEC. 3. Federal Agency Duties. [Amended Ex. Ord. No. 13112, set out as a note above.] SEC. 4. Emerging Priorities. Federal agencies that are members of the Council and Federal interagency bodies working on issues relevant to the prevention, eradi- cation, and control of invasive species shall take emerging priorities into consideration, including: Page 6121 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 (a) Federal agencies shall consider the potential pub- lic health and safety impacts of invasive species, espe- cially those species that are vectors, reservoirs, and causative agents of disease. The Department of Health and Human Services, in coordination and consultation with relevant agencies as appropriate, shall within 1 year of this order, and as requested by the Council thereafter, provide the Office of Science and Tech- nology Policy and the Council a report on public health impacts associated with invasive species. That report shall describe the disease, injury, immunologic, and safety impacts associated with invasive species, includ- ing any direct and indirect impacts on low-income, mi- nority, and tribal communities. (b) Federal agencies shall consider the impacts of cli- mate change when working on issues relevant to the prevention, eradication, and control of invasive species, including in research and monitoring efforts, and inte- grate invasive species into Federal climate change co- ordinating frameworks and initiatives. (c) Federal agencies shall consider opportunities to apply innovative science and technology when address- ing the duties identified in section 2 of Executive Order 13112, as amended, including, but not limited to, pro- moting open data and data analytics; harnessing tech- nological advances in remote sensing technologies, mo- lecular tools, cloud computing, and predictive ana- lytics; and using tools such as challenge prizes, citizen science, and crowdsourcing. SEC. 5. National Invasive Species Council. [Amended Ex. Ord. No. 13112, set out as a note above.] SEC. 6. Duties of the National Invasive Species Council. [Amended Ex. Ord. No. 13112, set out as a note above.] SEC. 7. National Invasive Species Council Management Plan. [Amended Ex. Ord. No. 13112, set out as a note above.] SEC. 8. Actions of the Department of State and Depart- ment of Defense. [Amended Ex. Ord. No. 13112, set out as a note above.] SEC. 9. Obligations of the Department of Health and Human Services. [Amended Ex. Ord. No. 13112, set out as a note above.] SEC. 10. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (1) the authority granted by law to an executive de- partment or agency, or the head thereof; or (2) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (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. BARACK OBAMA. EXECUTIVE ORDER NO. 13834 Ex. Ord. No. 13834, May 17, 2018, 83 F.R. 23771, as amended by Ex. Ord. No. 13990, § 7(a), Jan. 20, 2021, 86 F.R. 7041, which required executive departments and agencies to meet statutory requirements related to en- ergy and environmental performance by prioritizing ac- tions that reduce waste, cut costs, enhance the resil- ience of Federal infrastructure and operations, and en- able more effective accomplishment of its mission, was revoked by Ex. Ord. No. 14057, § 604, Dec. 8, 2021, 86 F.R. 70943, set out below. EX. ORD. NO. 13990. PROTECTING PUBLIC HEALTH AND THE ENVIRONMENT AND RESTORING SCIENCE TO TACKLE THE CLIMATE CRISIS Ex. Ord. No. 13990, Jan. 20, 2021, 86 F.R. 7037, 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. Our Nation has an abiding commit- ment to empower our workers and communities; pro- mote and protect our public health and the environ- ment; and conserve our national treasures and monu- ments, places that secure our national memory. Where the Federal Government has failed to meet that com- mitment in the past, it must advance environmental justice. In carrying out this charge, the Federal Gov- ernment must be guided by the best science and be pro- tected by processes that ensure the integrity of Federal decision-making. It is, therefore, the policy of my Ad- ministration to listen to the science; to improve public health and protect our environment; to ensure access to clean air and water; to limit exposure to dangerous chemicals and pesticides; to hold polluters accountable, including those who disproportionately harm commu- nities of color and low-income communities; to reduce greenhouse gas emissions; to bolster resilience to the impacts of climate change; to restore and expand our national treasures and monuments; and to prioritize both environmental justice and the creation of the well-paying union jobs necessary to deliver on these goals. To that end, this order directs all executive depart- ments and agencies (agencies) to immediately review and, as appropriate and consistent with applicable law, take action to address the promulgation of Federal reg- ulations and other actions during the last 4 years that conflict with these important national objectives, and to immediately commence work to confront the cli- mate crisis. SEC. 2. Immediate Review of Agency Actions Taken Be- tween January 20, 2017, and January 20, 2021. (a) The heads of all agencies shall immediately review all ex- isting regulations, orders, guidance documents, poli- cies, and any other similar agency actions (agency ac- tions) promulgated, issued, or adopted between Janu- ary 20, 2017, and January 20, 2021, that are or may be in- consistent with, or present obstacles to, the policy set forth in section 1 of this order. For any such actions identified by the agencies, the heads of agencies shall, as appropriate and consistent with applicable law, con- sider suspending, revising, or rescinding the agency ac- tions. In addition, for the agency actions in the 4 cat- egories set forth in subsections (i) through (iv) of this section, the head of the relevant agency, as appropriate and consistent with applicable law, shall consider pub- lishing for notice and comment a proposed rule sus- pending, revising, or rescinding the agency action with- in the time frame specified. (i) Reducing Methane Emissions in the Oil and Gas Sector: ‘‘Oil and Natural Gas Sector: Emission Stand- ards for New, Reconstructed, and Modified Sources Re- consideration,’’ 85 FR 57398 (September 15, 2020), by September 2021. (ii) Establishing Ambitious, Job-Creating Fuel Econ- omy Standards: ‘‘The Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule Part One: One National Pro- gram,’’ 84 FR 51310 (September 27, 2019), by April 2021; and ‘‘The Safer Affordable Fuel-Efficient (SAFE) Vehi- cles Rule for Model Years 2021–2026 Passenger Cars and Light Trucks,’’ 85 FR 24174 (April 30, 2020), by July 2021. In considering whether to propose suspending, revising, or rescinding the latter rule, the agency should con- sider the views of representatives from labor unions, States, and industry. (iii) Job-Creating Appliance- and Building-Efficiency Standards: ‘‘Energy Conservation Program for Appli- ance Standards: Procedures for Use in New or Revised Energy Conservation Standards and Test Procedures for Consumer Products and Commercial/Industrial Equipment,’’ 85 FR 8626 (February 14, 2020), with major revisions proposed by March 2021 and any remaining re- visions proposed by June 2021; ‘‘Energy Conservation Program for Appliance Standards: Procedures for Eval- uating Statutory Factors for Use in New or Revised En- ergy Conservation Standards,’’ 85 FR 50937 (August 19, 2020), with major revisions proposed by March 2021 and any remaining revisions proposed by June 2021; ‘‘Final Determination Regarding Energy Efficiency Improve- ments in the 2018 International Energy Conservation Code (IECC),’’ 84 FR 67435 (December 10, 2019), by May Page 6122 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 2021; ‘‘Final Determination Regarding Energy Effi- ciency Improvements in ANSI/ASHRAE/IES Standard 90.1–2016: Energy Standard for Buildings, Except Low- Rise Residential Buildings,’’ 83 FR 8463 (February 27, 2018), by May 2021. (iv) Protecting Our Air from Harmful Pollution: ‘‘Na- tional Emission Standards for Hazardous Air Pollut- ants: Coal- and Oil-Fired Electric Utility Steam Gener- ating Units—Reconsideration of Supplemental Finding and Residual Risk and Technology Review,’’ 85 FR 31286 (May 22, 2020), by August 2021; ‘‘Increasing Consistency and Transparency in Considering Benefits and Costs in the Clean Air Act Rulemaking Process,’’ 85 FR 84130 (December 23, 2020), as soon as possible; ‘‘Strengthening Transparency in Pivotal Science Underlying Signifi- cant Regulatory Actions and Influential Scientific In- formation,’’ 86 FR 469 (January 6, 2021), as soon as pos- sible. (b) Within 30 days of the date of this order [Jan. 20, 2021], heads of agencies shall submit to the Director of the Office of Management and Budget (OMB) a prelimi- nary list of any actions being considered pursuant to section (2)(a) of this order that would be completed by December 31, 2021, and that would be subject to OMB review. Within 90 days of the date of this order, heads of agencies shall submit to the Director of OMB an up- dated list of any actions being considered pursuant to section (2)(a) of this order that would be completed by December 31, 2025, and that would be subject to OMB review. At the time of submission to the Director of OMB, heads of agencies shall also send each list to the National Climate Advisor. In addition, and at the same time, heads of agencies shall send to the National Cli- mate Advisor a list of additional actions being consid- ered pursuant to section (2)(a) of this order that would not be subject to OMB review. (c) Heads of agencies shall, as appropriate and con- sistent with applicable law, consider whether to take any additional agency actions to fully enforce the pol- icy set forth in section 1 of this order. With respect to the Administrator of the Environmental Protection Agency, the following specific actions should be consid- ered: (i) proposing new regulations to establish comprehen- sive standards of performance and emission guidelines for methane and volatile organic compound emissions from existing operations in the oil and gas sector, in- cluding the exploration and production, transmission, processing, and storage segments, by September 2021; and (ii) proposing a Federal Implementation Plan in ac- cordance with the Environmental Protection Agency’s ‘‘Findings of Failure To Submit State Implementation Plan Revisions in Response to the 2016 Oil and Natural Gas Industry Control Techniques Guidelines for the 2008 Ozone National Ambient Air Quality Standards (NAAQS) and for States in the Ozone Transport Re- gion,’’ 85 FR 72963 (November 16, 2020), for California, Connecticut, New York, Pennsylvania, and Texas by January 2022. (d) The Attorney General may, as appropriate and consistent with applicable law, provide notice of this order and any actions taken pursuant to section 2(a) of this order to any court with jurisdiction over pending litigation related to those agency actions identified pursuant to section (2)(a) of this order, and may, in his discretion, request that the court stay or otherwise dis- pose of litigation, or seek other appropriate relief con- sistent with this order, until the completion of the processes described in this order. (e) In carrying out the actions directed in this sec- tion, heads of agencies shall seek input from the public and stakeholders, including State local, Tribal, and territorial officials, scientists, labor unions, environ- mental advocates, and environmental justice organiza- tions. SEC. 3. Restoring National Monuments. (a) The Sec- retary of the Interior, as appropriate and consistent with applicable law, including the Antiquities Act [of 1906], 54 U.S.C. 320301 et seq., shall, in consultation with the Attorney General, the Secretaries of Agriculture and Commerce, the Chair of the Council on Environ- mental Quality, and Tribal governments, conduct a re- view of the monument boundaries and conditions that were established by Proclamation 9681 of December 4, 2017 (Modifying the Bears Ears National Monument) [54 U.S.C. 320301 note]; Proclamation 9682 of December 4, 2017 (Modifying the Grand Staircase-Escalante Na- tional Monument) [54 U.S.C. 320301 note]; and Procla- mation 10049 of June 5, 2020 (Modifying the Northeast Canyons and Seamounts Marine National Monument) [54 U.S.C. 320301 note], to determine whether restora- tion of the monument boundaries and conditions that existed as of January 20, 2017, would be appropriate. (b) Within 60 days of the date of this order, the Sec- retary of the Interior shall submit a report to the President summarizing the findings of the review con- ducted pursuant to subsection (a), which shall include recommendations for such Presidential actions or other actions consistent with law as the Secretary may consider appropriate to carry out the policy set forth in section 1 of this order. (c) The Attorney General may, as appropriate and consistent with applicable law, provide notice of this order to any court with jurisdiction over pending liti- gation related to the Grand Staircase-Escalante, Bears Ears, and Northeast Canyons and Seamounts Marine National Monuments, and may, in his discretion, re- quest that the court stay the litigation or otherwise delay further litigation, or seek other appropriate re- lief consistent with this order, pending the completion of the actions described in subsection (a) of this sec- tion. SEC. 4. Arctic Refuge. (a) In light of the alleged legal deficiencies underlying the program, including the in- adequacy of the environmental review required by the National Environmental Policy Act [of 1969; 42 U.S.C. 4321 et seq.], the Secretary of the Interior shall, as ap- propriate and consistent with applicable law, place a temporary moratorium on all activities of the Federal Government relating to the implementation of the Coastal Plain Oil and Gas Leasing Program, as estab- lished by the Record of Decision signed August 17, 2020, in the Arctic National Wildlife Refuge. The Secretary shall review the program and, as appropriate and con- sistent with applicable law, conduct a new, comprehen- sive analysis of the potential environmental impacts of the oil and gas program. (b) In Executive Order 13754 of December 9, 2016 (Northern Bering Sea Climate Resilience) [15 U.S.C. 4101 note], and in the Presidential Memorandum of De- cember 20, 2016 (Withdrawal of Certain Portions of the United States Arctic Outer Continental Shelf From Mineral Leasing), President Obama withdrew areas in Arctic waters and the Bering Sea from oil and gas drill- ing and established the Northern Bering Sea Climate Resilience Area. Subsequently, the order was revoked and the memorandum was amended in Executive Order 13795 of April 28, 2017 (Implementing an America-First Offshore Energy Strategy) [former 43 U.S.C. 1331 note]. Pursuant to section 12(a) of the Outer Continental Shelf Lands Act, 43 U.S.C. 1341(a), Executive Order 13754 and the Presidential Memorandum of December 20, 2016, are hereby reinstated in their original form, thereby re- storing the original withdrawal of certain offshore areas in Arctic waters and the Bering Sea from oil and gas drilling. (c) The Attorney General may, as appropriate and consistent with applicable law, provide notice of this order to any court with jurisdiction over pending liti- gation related to the Coastal Plain Oil and Gas Leasing Program in the Arctic National Wildlife Refuge and other related programs, and may, in his discretion, re- quest that the court stay the litigation or otherwise delay further litigation, or seek other appropriate re- lief consistent with this order, pending the completion of the actions described in subsection (a) of this sec- tion. SEC. 5. Accounting for the Benefits of Reducing Climate Pollution. (a) It is essential that agencies capture the Page 6123 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 full costs of greenhouse gas emissions as accurately as possible, including by taking global damages into ac- count. Doing so facilitates sound decision-making, rec- ognizes the breadth of climate impacts, and supports the international leadership of the United States on climate issues. The ‘‘social cost of carbon’’ (SCC), ‘‘so- cial cost of nitrous oxide’’ (SCN), and ‘‘social cost of methane’’ (SCM) are estimates of the monetized dam- ages associated with incremental increases in green- house gas emissions. They are intended to include changes in net agricultural productivity, human health, property damage from increased flood risk, and the value of ecosystem services. An accurate social cost is essential for agencies to accurately determine the social benefits of reducing greenhouse gas emis- sions when conducting cost-benefit analyses of regu- latory and other actions. (b) There is hereby established an Interagency Work- ing Group on the Social Cost of Greenhouse Gases (the ‘‘Working Group’’). The Chair of the Council of Eco- nomic Advisers, Director of OMB, and Director of the Office of Science and Technology Policy shall serve as Co-Chairs of the Working Group. (i) Membership. The Working Group shall also in- clude the following other officers, or their designees: the Secretary of the Treasury; the Secretary of the In- terior; the Secretary of Agriculture; the Secretary of Commerce; the Secretary of Health and Human Serv- ices; the Secretary of Transportation; the Secretary of Energy; the Chair of the Council on Environmental Quality; the Administrator of the Environmental Pro- tection Agency; the Assistant to the President and Na- tional Climate Advisor; and the Assistant to the Presi- dent for Economic Policy and Director of the National Economic Council. (ii) Mission and Work. The Working Group shall, as appropriate and consistent with applicable law: (A) publish an interim SCC, SCN, and SCM within 30 days of the date of this order, which agencies shall use when monetizing the value of changes in green- house gas emissions resulting from regulations and other relevant agency actions until final values are published; (B) publish a final SCC, SCN, and SCM by no later than January 2022; (C) provide recommendations to the President, by no later than September 1, 2021, regarding areas of de- cision-making, budgeting, and procurement by the Federal Government where the SCC, SCN, and SCM should be applied; (D) provide recommendations, by no later than June 1, 2022, regarding a process for reviewing, and, as appropriate, updating, the SCC, SCN, and SCM to en- sure that these costs are based on the best available economics and science; and (E) provide recommendations, to be published with the final SCC, SCN, and SCM under subparagraph (A) if feasible, and in any event by no later than June 1, 2022, to revise methodologies for calculating the SCC, SCN, and SCM, to the extent that current methodolo- gies do not adequately take account of climate risk, environmental justice, and intergenerational equity. (iii) Methodology. In carrying out its activities, the Working Group shall consider the recommendations of the National Academies of Science, Engineering, and Medicine as reported in Valuing Climate Damages: Up- dating Estimation of the Social Cost of Carbon Dioxide (2017) and other pertinent scientific literature; solicit public comment; engage with the public and stake- holders; seek the advice of ethics experts; and ensure that the SCC, SCN, and SCM reflect the interests of fu- ture generations in avoiding threats posed by climate change. SEC. 6. Revoking the March 2019 Permit for the Keystone XL Pipeline. (a) On March 29, 2019, the President grant- ed to TransCanada Keystone Pipeline, L.P. a Presi- dential permit (the ‘‘Permit’’) [84 F.R. 13101] to con- struct, connect, operate, and maintain pipeline facili- ties at the international border of the United States and Canada (the ‘‘Keystone XL pipeline’’), subject to express conditions and potential revocation in the President’s sole discretion. The Permit is hereby re- voked in accordance with Article 1(1) of the Permit. (b) In 2015, following an exhaustive review, the De- partment of State and the President determined that approving the proposed Keystone XL pipeline would not serve the U.S. national interest. That analysis, in addi- tion to concluding that the significance of the proposed pipeline for our energy security and economy is lim- ited, stressed that the United States must prioritize the development of a clean energy economy, which will in turn create good jobs. The analysis further con- cluded that approval of the proposed pipeline would un- dermine U.S. climate leadership by undercutting the credibility and influence of the United States in urging other countries to take ambitious climate action. (c) Climate change has had a growing effect on the U.S. economy, with climate-related costs increasing over the last 4 years. Extreme weather events and other climate-related effects have harmed the health, safety, and security of the American people and have increased the urgency for combatting climate change and accelerating the transition toward a clean energy economy. The world must be put on a sustainable cli- mate pathway to protect Americans and the domestic economy from harmful climate impacts, and to create well-paying union jobs as part of the climate solution. (d) The Keystone XL pipeline disserves the U.S. na- tional interest. The United States and the world face a climate crisis. That crisis must be met with action on a scale and at a speed commensurate with the need to avoid setting the world on a dangerous, potentially cat- astrophic, climate trajectory. At home, we will combat the crisis with an ambitious plan to build back better, designed to both reduce harmful emissions and create good clean-energy jobs. Our domestic efforts must go hand in hand with U.S. diplomatic engagement. Be- cause most greenhouse gas emissions originate beyond our borders, such engagement is more necessary and urgent than ever. The United States must be in a posi- tion to exercise vigorous climate leadership in order to achieve a significant increase in global climate action and put the world on a sustainable climate pathway. Leaving the Keystone XL pipeline permit in place would not be consistent with my Administration’s eco- nomic and climate imperatives. SEC. 7. Other Revocations. (a) Executive Order 13766 of January 24, 2017 (Expediting Environmental Reviews and Approvals For High Priority Infrastructure Projects) [former 42 U.S.C. 4370m note], Executive Order 13778 of February 28, 2017 (Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the ‘‘Waters of the United States’’ Rule) [82 F.R. 12497], Executive Order 13783 of March 28, 2017 (Promoting En- ergy Independence and Economic Growth) [former 42 U.S.C. 13201 note], Executive Order 13792 of April 26, 2017 (Review of Designations Under the Antiquities Act) [82 F.R. 20429], Executive Order 13795 of April 28, 2017 (Implementing an America-First Offshore Energy Strategy) [former 43 U.S.C. 1331 note], Executive Order 13868 of April 10, 2019 (Promoting Energy Infrastructure and Economic Growth) [former 42 U.S.C. 13201 note], and Executive Order 13927 of June 4, 2020 (Accelerating the Nation’s Economic Recovery from the COVID–19 Emergency by Expediting Infrastructure Investments and Other Activities) [former 5 U.S.C. 601 note], are hereby revoked. Executive Order 13834 of May 17, 2018 (Efficient Federal Operations) [formerly set out above], is hereby revoked except for sections 6, 7, and 11. (b) Executive Order 13807 of August 15, 2017 (Estab- lishing Discipline and Accountability in the Environ- mental Review and Permitting Process for Infrastruc- ture Projects) [former 42 U.S.C. 4370m note], is hereby revoked. The Director of OMB and the Chair of the Council on Environmental Quality shall jointly con- sider whether to recommend that a replacement order be issued. (c) Executive Order 13920 of May 1, 2020 (Securing the United States Bulk-Power System) [50 U.S.C. 1621 note], is hereby suspended for 90 days. The Secretary of Page 6124 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 Energy and the Director of OMB shall jointly consider whether to recommend that a replacement order be issued. (d) The Presidential Memorandum of April 12, 2018 (Promoting Domestic Manufacturing and Job Creation Policies and Procedures Relating to Implementation of Air Quality Standards) [former 42 U.S.C. 7401 note], the Presidential Memorandum of October 19, 2018 (Pro- moting the Reliable Supply and Delivery of Water in the West) [former 33 U.S.C. 2201 note], and the Presi- dential Memorandum of February 19, 2020 (Developing and Delivering More Water Supplies in California), are hereby revoked. (e) The Council on Environmental Quality shall re- scind its draft guidance entitled, ‘‘Draft National Envi- ronmental Policy Act Guidance on Consideration of Greenhouse Gas Emissions,’’ 84 FR 30097 (June 26, 2019). The Council, as appropriate and consistent with appli- cable law, shall review, revise, and update its final guidance entitled, ‘‘Final Guidance for Federal Depart- ments and Agencies on Consideration of Greenhouse Gas Emissions and the Effects of Climate Change in Na- tional Environmental Policy Act Reviews,’’ 81 FR 51866 (August 5, 2016). (f) The Director of OMB and the heads of agencies shall promptly take steps to rescind any orders, rules, regulations, guidelines, or policies, or portions thereof, including, if necessary, by proposing such rescissions through notice-and-comment rulemaking, imple- menting or enforcing the Executive Orders, Presi- dential Memoranda, and draft guidance identified in this section, as appropriate and consistent with appli- cable law. SEC. 8. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This order shall be implemented in a manner con- sistent with applicable law and subject to the avail- ability of appropriations. (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. EX. ORD. NO. 14008. TACKLING THE CLIMATE CRISIS AT HOME AND ABROAD Ex. Ord. No. 14008, Jan. 27, 2021, 86 F.R. 7619, as amended by Ex. Ord. No. 14082, § 4(a), Sept. 12, 2022, 87 F.R. 56862, provided: The United States and the world face a profound cli- mate crisis. We have a narrow moment to pursue action at home and abroad in order to avoid the most cata- strophic impacts of that crisis and to seize the oppor- tunity that tackling climate change presents. Domes- tic action must go hand in hand with United States international leadership, aimed at significantly en- hancing global action. Together, we must listen to science and meet the moment. 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: PART I—PUTTING THE CLIMATE CRISIS AT THE CENTER OF UNITED STATES FOREIGN POLICY AND NATIONAL SECURITY SECTION 101. Policy. United States international en- gagement to address climate change—which has be- come a climate crisis—is more necessary and urgent than ever. The scientific community has made clear that the scale and speed of necessary action is greater than previously believed. There is little time left to avoid setting the world on a dangerous, potentially cat- astrophic, climate trajectory. Responding to the cli- mate crisis will require both significant short-term global reductions in greenhouse gas emissions and net- zero global emissions by mid-century or before. It is the policy of my Administration that climate considerations shall be an essential element of United States foreign policy and national security. The United States will work with other countries and partners, both bilaterally and multilaterally, to put the world on a sustainable climate pathway. The United States will also move quickly to build resilience, both at home and abroad, against the impacts of climate change that are already manifest and will continue to intensify accord- ing to current trajectories. SEC. 102. Purpose. This order builds on and reaffirms actions my Administration has already taken to place the climate crisis at the forefront of this Nation’s for- eign policy and national security planning, including submitting the United States instrument of acceptance to rejoin the Paris Agreement. In implementing—and building upon—the Paris Agreement’s three over- arching objectives (a safe global temperature, increased climate resilience, and financial flows aligned with a pathway toward low greenhouse gas emissions and cli- mate-resilient development), the United States will ex- ercise its leadership to promote a significant increase in global climate ambition to meet the climate chal- lenge. In this regard: (a) I will host an early Leaders’ Climate Summit aimed at raising climate ambition and making a posi- tive contribution to the 26th United Nations Climate Change Conference of the Parties (COP26) and beyond. (b) The United States will reconvene the Major Economies Forum on Energy and Climate, beginning with the Leaders’ Climate Summit. In cooperation with the members of that Forum, as well as with other part- ners as appropriate, the United States will pursue green recovery efforts, initiatives to advance the clean energy transition, sectoral decarbonization, and align- ment of financial flows with the objectives of the Paris Agreement, including with respect to coal financing, nature-based solutions, and solutions to other climate- related challenges. (c) I have created a new Presidentially appointed po- sition, the Special Presidential Envoy for Climate, to elevate the issue of climate change and underscore the commitment my Administration will make toward ad- dressing it. (d) Recognizing that climate change affects a wide range of subjects, it will be a United States priority to press for enhanced climate ambition and integration of climate considerations across a wide range of inter- national fora, including the Group of Seven (G7), the Group of Twenty (G20), and fora that address clean en- ergy, aviation, shipping, the Arctic, the ocean, sustain- able development, migration, and other relevant topics. The Special Presidential Envoy for Climate and others, as appropriate, are encouraged to promote innovative approaches, including international multi-stakeholder initiatives. In addition, my Administration will work in partnership with States, localities, Tribes, terri- tories, and other United States stakeholders to advance United States climate diplomacy. (e) The United States will immediately begin the process of developing its nationally determined con- tribution under the Paris Agreement. The process will include analysis and input from relevant executive de- partments and agencies (agencies), as well as appro- priate outreach to domestic stakeholders. The United States will aim to submit its nationally determined contribution in advance of the Leaders’ Climate Sum- mit. (f) The United States will also immediately begin to develop a climate finance plan, making strategic use of multilateral and bilateral channels and institutions, to assist developing countries in implementing ambitious emissions reduction measures, protecting critical eco- systems, building resilience against the impacts of cli- mate change, and promoting the flow of capital toward climate-aligned investments and away from high-car- bon investments. The Secretary of State and the Sec- retary of the Treasury, in coordination with the Spe- Page 6125 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 cial Presidential Envoy for Climate, shall lead a proc- ess to develop this plan, with the participation of the Administrator of the United States Agency for Inter- national Development (USAID), the Chief Executive Of- ficer of the United States International Development Finance Corporation (DFC), the Chief Executive Officer of the Millennium Challenge Corporation, the Director of the United States Trade and Development Agency, the Director of the Office of Management and Budget, and the head of any other agency providing foreign as- sistance and development financing, as appropriate. The Secretary of State and the Secretary of the Treas- ury shall submit the plan to the President, through the Assistant to the President for National Security Af- fairs and the Assistant to the President for Economic Policy, within 90 days of the date of this order [Jan. 27, 2021]. (g) The Secretary of the Treasury shall: (i) ensure that the United States is present and en- gaged in relevant international fora and institutions that are working on the management of climate-re- lated financial risks; (ii) develop a strategy for how the voice and vote of the United States can be used in international financial institutions, including the World Bank Group and the International Monetary Fund, to promote financing programs, economic stimulus packages, and debt relief initiatives that are aligned with and support the goals of the Paris Agreement; and (iii) develop, in collaboration with the Secretary of State, the Administrator of USAID, and the Chief Exec- utive Officer of the DFC, a plan for promoting the pro- tection of the Amazon rainforest and other critical eco- systems that serve as global carbon sinks, including through market-based mechanisms. (h) The Secretary of State, the Secretary of the Treasury, and the Secretary of Energy shall work to- gether and with the Export-Import Bank of the United States, the Chief Executive Officer of the DFC, and the heads of other agencies and partners, as appropriate, to identify steps through which the United States can pro- mote ending international financing of carbon-inten- sive fossil fuel-based energy while simultaneously ad- vancing sustainable development and a green recovery, in consultation with the Assistant to the President for National Security Affairs. (i) The Secretary of Energy, in cooperation with the Secretary of State and the heads of other agencies, as appropriate, shall identify steps through which the United States can intensify international collabora- tions to drive innovation and deployment of clean en- ergy technologies, which are critical for climate pro- tection. (j) The Secretary of State shall prepare, within 60 days of the date of this order [Jan. 27, 2021], a trans- mittal package seeking the Senate’s advice and con- sent to ratification of the Kigali Amendment to the Montreal Protocol on Substances that Deplete the Ozone Layer, regarding the phasedown of the produc- tion and consumption of hydrofluorocarbons. SEC. 103. Prioritizing Climate in Foreign Policy and Na- tional Security. To ensure that climate change consider- ations are central to United States foreign policy and national security: (a) Agencies that engage in extensive international work shall develop, in coordination with the Special Presidential Envoy for Climate, and submit to the President, through the Assistant to the President for National Security Affairs, within 90 days of the date of this order, strategies and implementation plans for in- tegrating climate considerations into their inter- national work, as appropriate and consistent with ap- plicable law. These strategies and plans should include an assessment of: (i) climate impacts relevant to broad agency strate- gies in particular countries or regions; (ii) climate impacts on their agency-managed infra- structure abroad (e.g., embassies, military installa- tions), without prejudice to existing requirements re- garding assessment of such infrastructure; (iii) how the agency intends to manage such impacts or incorporate risk mitigation into its installation master plans; and (iv) how the agency’s international work, including partner engagement, can contribute to addressing the climate crisis. (b) The Director of National Intelligence shall pre- pare, within 120 days of the date of this order, a Na- tional Intelligence Estimate on the national and eco- nomic security impacts of climate change. (c) The Secretary of Defense, in coordination with the Secretary of Commerce, through the Administrator of the National Oceanic and Atmospheric Administration, the Chair of the Council on Environmental Quality, the Administrator of the Environmental Protection Agen- cy, the Director of National Intelligence, the Director of the Office of Science and Technology Policy, the Ad- ministrator of the National Aeronautics and Space Ad- ministration, and the heads of other agencies as appro- priate, shall develop and submit to the President, with- in 120 days of the date of this order, an analysis of the security implications of climate change (Climate Risk Analysis) that can be incorporated into modeling, sim- ulation, war-gaming, and other analyses. (d) The Secretary of Defense and the Chairman of the Joint Chiefs of Staff shall consider the security impli- cations of climate change, including any relevant infor- mation from the Climate Risk Analysis described in subsection (c) of this section, in developing the Na- tional Defense Strategy, Defense Planning Guidance, Chairman’s Risk Assessment, and other relevant strat- egy, planning, and programming documents and proc- esses. Starting in January 2022, the Secretary of De- fense and the Chairman of the Joint Chiefs of Staff shall provide an annual update, through the National Security Council, on the progress made in incor- porating the security implications of climate change into these documents and processes. (e) The Secretary of Homeland Security shall con- sider the implications of climate change in the Arctic, along our Nation’s borders, and to National Critical Functions, including any relevant information from the Climate Risk Analysis described in subsection (c) of this section, in developing relevant strategy, planning, and programming documents and processes. Starting in January 2022, the Secretary of Homeland Security shall provide an annual update, through the National Secu- rity Council, on the progress made in incorporating the homeland security implications of climate change into these documents and processes. SEC. 104. Reinstatement. The Presidential Memo- randum of September 21, 2016 (Climate Change and Na- tional Security), is hereby reinstated. PART II—TAKING A GOVERNMENT-WIDE AP- PROACH TO THE CLIMATE CRISIS SEC. 201. Policy. Even as our Nation emerges from pro- found public health and economic crises borne of a pan- demic, we face a climate crisis that threatens our peo- ple and communities, public health and economy, and, starkly, our ability to live on planet Earth. Despite the peril that is already evident, there is promise in the so- lutions—opportunities to create well-paying union jobs to build a modern and sustainable infrastructure, de- liver an equitable, clean energy future, and put the United States on a path to achieve net-zero emissions, economy-wide, by no later than 2050. We must listen to science—and act. We must strengthen our clean air and water protections. We must hold polluters accountable for their actions. We must deliver environmental justice in communities all across America. The Federal Government must drive assessment, disclosure, and mitigation of climate pol- lution and climate-related risks in every sector of our economy, marshaling the creativity, courage, and cap- ital necessary to make our Nation resilient in the face of this threat. Together, we must combat the climate crisis with bold, progressive action that combines the full capacity of the Federal Government with efforts from every corner of our Nation, every level of govern- ment, and every sector of our economy. Page 6126 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 It is the policy of my Administration to organize and deploy the full capacity of its agencies to combat the climate crisis to implement a Government-wide ap- proach that reduces climate pollution in every sector of the economy; increases resilience to the impacts of climate change; protects public health; conserves our lands, waters, and biodiversity; delivers environmental justice; and spurs well-paying union jobs and economic growth, especially through innovation, commercializa- tion, and deployment of clean energy technologies and infrastructure. Successfully meeting these challenges will require the Federal Government to pursue such a coordinated approach from planning to implementa- tion, coupled with substantive engagement by stake- holders, including State, local, and Tribal govern- ments. SEC. 202. White House Office of Domestic Climate Policy. There is hereby established the White House Office of Domestic Climate Policy (Climate Policy Office) within the Executive Office of the President, which shall co- ordinate the policy-making process with respect to do- mestic climate-policy issues; coordinate domestic cli- mate-policy advice to the President; ensure that do- mestic climate-policy decisions and programs are con- sistent with the President’s stated goals and that those goals are being effectively pursued; and monitor imple- mentation of the President’s domestic climate-policy agenda. The Climate Policy Office shall have a staff headed by the Assistant to the President and National Climate Advisor (National Climate Advisor) and shall include the Deputy Assistant to the President and Dep- uty National Climate Advisor. The Climate Policy Of- fice shall have such staff and other assistance as may be necessary to carry out the provisions of this order, subject to the availability of appropriations, and may work with established or ad hoc committees or inter- agency groups. All agencies shall cooperate with the Climate Policy Office and provide such information, support, and assistance to the Climate Policy Office as it may request, as appropriate and consistent with ap- plicable law. SEC. 203. National Climate Task Force. There is hereby established a National Climate Task Force (Task Force). The Task Force shall be chaired by the Senior Advisor for Clean Energy Innovation and Implementa- tion. The National Climate Advisor shall serve as Vice Chair. (a) Membership. The Task Force shall consist of the following additional members: (i) the Secretary of the Treasury; (ii) the Secretary of Defense; (iii) the Attorney General; (iv) the Secretary of the Interior; (v) the Secretary of Agriculture; (vi) the Secretary of Commerce; (vii) the Secretary of Labor; (viii) the Secretary of Health and Human Services; (ix) the Secretary of Housing and Urban Develop- ment; (x) the Secretary of Transportation; (xi) the Secretary of Energy; (xii) the Secretary of Education; (xiii) the Secretary of Homeland Security; (xiv) the Administrator of the Environmental Protec- tion Agency; (xv) the Director of the Office of Management and Budget; (xvi) the Director of the Office of Science and Tech- nology Policy; (xvii) the Administrator of the Small Business Ad- ministration; (xviii) the Chair of the Council on Environmental Quality; (xix) the Assistant to the President for National Se- curity Affairs; (xx) the Assistant to the President for Domestic Pol- icy; (xxi) the Assistant to the President for Homeland Se- curity and Counterterrorism; (xxii) the Assistant to the President for Economic Policy; (xxiii) the Administrator of the National Aeronautics and Space Administration; (xxiv) the Chief Executive Officer of the Corporation for National and Community Service; (xxv) the Administrator of General Services; (xxvi) the White House Infrastructure Coordinator; and (xxvii) the heads of such other departments, agencies, and offices as the Chair or Vice Chair may from time to time invite to participate. (b) Mission and Work. The Task Force shall facilitate the organization and deployment of a Government-wide approach to combat the climate crisis. This Task Force shall facilitate planning and implementation of key Federal actions to reduce climate pollution; increase resilience to the impacts of climate change; protect public health; conserve our lands, waters, oceans, and biodiversity; deliver environmental justice; spur well- paying union jobs and economic growth; coordinate ef- fective implementation of Public Law 117–169, com- monly referred to as the Inflation Reduction Act of 2022 [see Tables for classification], in coordination with the Infrastructure Implementation Task Force established in Executive Order 14052 of November 15, 2021 (Imple- mentation of the Infrastructure Investment and Jobs Act) [23 U.S.C. 101 note], as appropriate; and accelerate clean energy innovation and deployment. As necessary and appropriate, members of the Task Force will en- gage on these matters with State, local, Tribal, and territorial governments; workers and communities; and leaders across the various sectors of our economy. (c) Prioritizing Actions. To the extent permitted by law, Task Force members shall prioritize action on cli- mate change in their policy-making and budget proc- esses, in their contracting and procurement, and in their engagement with State, local, Tribal, and terri- torial governments; workers and communities; and leaders across all the sectors of our economy. USE OF THE FEDERAL GOVERNMENT’S BUYING POWER AND REAL PROPERTY AND ASSET MAN- AGEMENT SEC. 204. Policy. It is the policy of my Administration to lead the Nation’s effort to combat the climate crisis by example—specifically, by aligning the management of Federal procurement and real property, public lands and waters, and financial programs to support robust climate action. By providing an immediate, clear, and stable source of product demand, increased trans- parency and data, and robust standards for the market, my Administration will help to catalyze private sector investment into, and accelerate the advancement of America’s industrial capacity to supply, domestic clean energy, buildings, vehicles, and other necessary prod- ucts and materials. SEC. 205. Federal Clean Electricity and Vehicle Procure- ment Strategy. (a) The Chair of the Council on Environ- mental Quality, the Administrator of General Services, and the Director of the Office and Management and Budget, in coordination with the Secretary of Com- merce, the Secretary of Labor, the Secretary of En- ergy, and the heads of other relevant agencies, shall as- sist the National Climate Advisor, through the Task Force established in section 203 of this order, in devel- oping a comprehensive plan to create good jobs and stimulate clean energy industries by revitalizing the Federal Government’s sustainability efforts. (b) The plan shall aim to use, as appropriate and con- sistent with applicable law, all available procurement authorities to achieve or facilitate: (i) a carbon pollution-free electricity sector no later than 2035; and (ii) clean and zero-emission vehicles for Federal, State, local, and Tribal government fleets, including vehicles of the United States Postal Service. (c) If necessary, the plan shall recommend any addi- tional legislation needed to accomplish these objec- tives. (d) The plan shall also aim to ensure that the United States retains the union jobs integral to and involved in running and maintaining clean and zero-emission Page 6127 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 fleets, while spurring the creation of union jobs in the manufacture of those new vehicles. The plan shall be submitted to the Task Force within 90 days of the date of this order [Jan. 27, 2021]. SEC. 206. Procurement Standards. Consistent with the Executive Order of January 25, 2021, entitled, ‘‘Ensur- ing the Future Is Made in All of America by All of America’s Workers,’’ [Ex. Ord. No. 14005, 41 U.S.C. 8301 note] agencies shall adhere to the requirements of the Made in America Laws in making clean energy, energy efficiency, and clean energy procurement decisions. Agencies shall, consistent with applicable law, apply and enforce the Davis-Bacon Act [see 40 U.S.C. 3141–3144, 3146, and 3147] and prevailing wage and benefit requirements. The Secretary of Labor shall take steps to update prevailing wage requirements. The Chair of the Council on Environmental Quality shall consider additional administrative steps and guidance to assist the Federal Acquisition Regulatory Council in devel- oping regulatory amendments to promote increased contractor attention on reduced carbon emission and Federal sustainability. SEC. 207. Renewable Energy on Public Lands and in Off- shore Waters. The Secretary of the Interior shall review siting and permitting processes on public lands and in offshore waters to identify to the Task Force steps that can be taken, consistent with applicable law, to in- crease renewable energy production on those lands and in those waters, with the goal of doubling offshore wind by 2030 while ensuring robust protection for our lands, waters, and biodiversity and creating good jobs. In con- ducting this review, the Secretary of the Interior shall consult, as appropriate, with the heads of relevant agencies, including the Secretary of Defense, the Sec- retary of Agriculture, the Secretary of Commerce, through the Administrator of the National Oceanic and Atmospheric Administration, the Secretary of Energy, the Chair of the Council on Environmental Quality, State and Tribal authorities, project developers, and other interested parties. The Secretary of the Interior shall engage with Tribal authorities regarding the de- velopment and management of renewable and conven- tional energy resources on Tribal lands. SEC. 208. Oil and Natural Gas Development on Public Lands and in Offshore Waters. To the extent consistent with applicable law, the Secretary of the Interior shall pause new oil and natural gas leases on public lands or in offshore waters pending completion of a comprehen- sive review and reconsideration of Federal oil and gas permitting and leasing practices in light of the Sec- retary of the Interior’s broad stewardship responsibil- ities over the public lands and in offshore waters, in- cluding potential climate and other impacts associated with oil and gas activities on public lands or in offshore waters. The Secretary of the Interior shall complete that review in consultation with the Secretary of Agri- culture, the Secretary of Commerce, through the Na- tional Oceanic and Atmospheric Administration, and the Secretary of Energy. In conducting this analysis, and to the extent consistent with applicable law, the Secretary of the Interior shall consider whether to ad- just royalties associated with coal, oil, and gas re- sources extracted from public lands and offshore wa- ters, or take other appropriate action, to account for corresponding climate costs. SEC. 209. Fossil Fuel Subsidies. The heads of agencies shall identify for the Director of the Office of Manage- ment and Budget and the National Climate Advisor any fossil fuel subsidies provided by their respective agen- cies, and then take steps to ensure that, to the extent consistent with applicable law, Federal funding is not directly subsidizing fossil fuels. The Director of the Of- fice of Management and Budget shall seek, in coordina- tion with the heads of agencies and the National Cli- mate Advisor, to eliminate fossil fuel subsidies from the budget request for Fiscal Year 2022 and thereafter. SEC. 210. Clean Energy in Financial Management. The heads of agencies shall identify opportunities for Fed- eral funding to spur innovation, commercialization, and deployment of clean energy technologies and infra- structure for the Director of the Office of Management and Budget and the National Climate Advisor, and then take steps to ensure that, to the extent consistent with applicable law, Federal funding is used to spur innova- tion, commercialization, and deployment of clean en- ergy technologies and infrastructure. The Director of the Office of Management and Budget, in coordination with agency heads and the National Climate Advisor, shall seek to prioritize such investments in the Presi- dent’s budget request for Fiscal Year 2022 and there- after. SEC. 211. Climate Action Plans and Data and Informa- tion Products to Improve Adaptation and Increase Resil- ience. (a) The head of each agency shall submit a draft action plan to the Task Force and the Federal Chief Sustainability Officer within 120 days of the date of this order that describes steps the agency can take with regard to its facilities and operations to bolster adaptation and increase resilience to the impacts of cli- mate change. Action plans should, among other things, describe the agency’s climate vulnerabilities and de- scribe the agency’s plan to use the power of procure- ment to increase the energy and water efficiency of United States Government installations, buildings, and facilities and ensure they are climate-ready. Agencies shall consider the feasibility of using the purchasing power of the Federal Government to drive innovation, and shall seek to increase the Federal Government’s re- silience against supply chain disruptions. Such disrup- tions put the Nation’s manufacturing sector at risk, as well as consumer access to critical goods and services. Agencies shall make their action plans public, and post them on the agency website, to the extent consistent with applicable law. (b) Within 30 days of an agency’s submission of an ac- tion plan, the Federal Chief Sustainability Officer, in coordination with the Director of the Office of Manage- ment and Budget, shall review the plan to assess its consistency with the policy set forth in section 204 of this order and the priorities issued by the Office of Management and Budget. (c) After submitting an initial action plan, the head of each agency shall submit to the Task Force and Fed- eral Chief Sustainability Officer progress reports annu- ally on the status of implementation efforts. Agencies shall make progress reports public and post them on the agency website, to the extent consistent with appli- cable law. The heads of agencies shall assign their re- spective agency Chief Sustainability Officer the au- thority to perform duties relating to implementation of this order within the agency, to the extent con- sistent with applicable law. (d) To assist agencies and State, local, Tribal, and territorial governments, communities, and businesses in preparing for and adapting to the impacts of climate change, the Secretary of Commerce, through the Ad- ministrator of the National Oceanic and Atmospheric Administration, the Secretary of Homeland Security, through the Administrator of the Federal Emergency Management Agency, and the Director of the Office of Science and Technology Policy, in coordination with the heads of other agencies, as appropriate, shall pro- vide to the Task Force a report on ways to expand and improve climate forecast capabilities and information products for the public. In addition, the Secretary of the Interior and the Deputy Director for Management of the Office of Management and Budget, in their ca- pacities as the Chair and Vice-Chair of the Federal Ge- ographic Data Committee, shall assess and provide to the Task Force a report on the potential development of a consolidated Federal geographic mapping service that can facilitate public access to climate-related in- formation that will assist Federal, State, local, and Tribal governments in climate planning and resilience activities. EMPOWERING WORKERS THROUGH REBUILDING OUR INFRASTRUCTURE FOR A SUSTAINABLE ECONOMY SEC. 212. Policy. This Nation needs millions of con- struction, manufacturing, engineering, and skilled- Page 6128 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 trades workers to build a new American infrastructure and clean energy economy. These jobs will create op- portunities for young people and for older workers shifting to new professions, and for people from all backgrounds and communities. Such jobs will bring op- portunity to communities too often left behind—places that have suffered as a result of economic shifts and places that have suffered the most from persistent pol- lution, including low-income rural and urban commu- nities, communities of color, and Native communities. SEC. 213. Sustainable Infrastructure. (a) The Chair of the Council on Environmental Quality and the Director of the Office of Management and Budget shall take steps, consistent with applicable law, to ensure that Federal infrastructure investment reduces climate pol- lution, and to require that Federal permitting decisions consider the effects of greenhouse gas emissions and climate change. In addition, they shall review, and re- port to the National Climate Advisor on, siting and permitting processes, including those in progress under the auspices of the Federal Permitting Improvement Steering Council, and identify steps that can be taken, consistent with applicable law, to accelerate the de- ployment of clean energy and transmission projects in an environmentally stable manner. (b) Agency heads conducting infrastructure reviews shall, as appropriate, consult from an early stage with State, local, and Tribal officials involved in permitting or authorizing proposed infrastructure projects to de- velop efficient timelines for decision-making that are appropriate given the complexities of proposed projects. EMPOWERING WORKERS BY ADVANCING CON- SERVATION, AGRICULTURE, AND REFORESTATION SEC. 214. Policy. It is the policy of my Administration to put a new generation of Americans to work con- serving our public lands and waters. The Federal Gov- ernment must protect America’s natural treasures, in- crease reforestation, improve access to recreation, and increase resilience to wildfires and storms, while cre- ating well-paying union jobs for more Americans, in- cluding more opportunities for women and people of color in occupations where they are underrepresented. America’s farmers, ranchers, and forest landowners have an important role to play in combating the cli- mate crisis and reducing greenhouse gas emissions, by sequestering carbon in soils, grasses, trees, and other vegetation and sourcing sustainable bioproducts and fuels. Coastal communities have an essential role to play in mitigating climate change and strengthening resilience by protecting and restoring coastal eco- systems, such as wetlands, seagrasses, coral and oyster reefs, and mangrove and kelp forests, to protect vulner- able coastlines, sequester carbon, and support biodiver- sity and fisheries. SEC. 215. Civilian Climate Corps. In furtherance of the policy set forth in section 214 of this order, the Sec- retary of the Interior, in collaboration with the Sec- retary of Agriculture and the heads of other relevant agencies, shall submit a strategy to the Task Force within 90 days of the date of this order for creating a Civilian Climate Corps Initiative, within existing ap- propriations, to mobilize the next generation of con- servation and resilience workers and maximize the cre- ation of accessible training opportunities and good jobs. The initiative shall aim to conserve and restore public lands and waters, bolster community resilience, increase reforestation, increase carbon sequestration in the agricultural sector, protect biodiversity, improve access to recreation, and address the changing climate. SEC. 216. Conserving Our Nation’s Lands and Waters. (a) The Secretary of the Interior, in consultation with the Secretary of Agriculture, the Secretary of Commerce, the Chair of the Council on Environmental Quality, and the heads of other relevant agencies, shall submit a re- port to the Task Force within 90 days of the date of this order recommending steps that the United States should take, working with State, local, Tribal, and ter- ritorial governments, agricultural and forest land- owners, fishermen, and other key stakeholders, to achieve the goal of conserving at least 30 percent of our lands and waters by 2030. (i) The Secretary of the Interior, the Secretary of Ag- riculture, the Secretary of Commerce, through the Ad- ministrator of the National Oceanic and Atmospheric Administration, and the Chair of the Council on Envi- ronmental Quality shall, as appropriate, solicit input from State, local, Tribal, and territorial officials, agri- cultural and forest landowners, fishermen, and other key stakeholders in identifying strategies that will en- courage broad participation in the goal of conserving 30 percent of our lands and waters by 2030. (ii) The report shall propose guidelines for deter- mining whether lands and waters qualify for conserva- tion, and it also shall establish mechanisms to measure progress toward the 30-percent goal. The Secretary of the Interior shall subsequently submit annual reports to the Task Force to monitor progress. (b) The Secretary of Agriculture shall: (i) initiate efforts in the first 60 days from the date of this order to collect input from Tribes, farmers, ranchers, forest owners, conservation groups, fire- fighters, and other stakeholders on how to best use De- partment of Agriculture programs, funding and financ- ing capacities, and other authorities, and how to en- courage the voluntary adoption of climate-smart agri- cultural and forestry practices that decrease wildfire risk fueled by climate change and result in additional, measurable, and verifiable carbon reductions and se- questration and that source sustainable bioproducts and fuels; and (ii) submit to the Task Force within 90 days of the date of this order a report making recommendations for an agricultural and forestry climate strategy. (c) The Secretary of Commerce, through the Adminis- trator of the National Oceanic and Atmospheric Ad- ministration, shall initiate efforts in the first 60 days from the date of this order to collect input from fisher- men, regional ocean councils, fishery management councils, scientists, and other stakeholders on how to make fisheries and protected resources more resilient to climate change, including changes in management and conservation measures, and improvements in science, monitoring, and cooperative research. EMPOWERING WORKERS THROUGH REVITAL- IZING ENERGY COMMUNITIES SEC. 217. Policy. It is the policy of my Administration to improve air and water quality and to create well- paying union jobs and more opportunities for women and people of color in hard-hit communities, including rural communities, while reducing methane emissions, oil and brine leaks, and other environmental harms from tens of thousands of former mining and well sites. Mining and power plant workers drove the industrial revolution and the economic growth that followed, and have been essential to the growth of the United States. As the Nation shifts to a clean energy economy, Fed- eral leadership is essential to foster economic revital- ization of and investment in these communities, ensure the creation of good jobs that provide a choice to join a union, and secure the benefits that have been earned by workers. Such work should include projects that reduce emis- sions of toxic substances and greenhouse gases from ex- isting and abandoned infrastructure and that prevent environmental damage that harms communities and poses a risk to public health and safety. Plugging leaks in oil and gas wells and reclaiming abandoned mine land can create well-paying union jobs in coal, oil, and gas communities while restoring natural assets, revi- talizing recreation economies, and curbing methane emissions. In addition, such work should include efforts to turn properties idled in these communities, such as brownfields, into new hubs for the growth of our econ- omy. Federal agencies should therefore coordinate in- vestments and other efforts to assist coal, oil and gas, and power plant communities, and achieve substantial reductions of methane emissions from the oil and gas sector as quickly as possible. SEC. 218. Interagency Working Group on Coal and Power Plant Communities and Economic Revitalization. There is Page 6129 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 hereby established an Interagency Working Group on Coal and Power Plant Communities and Economic Re- vitalization (Interagency Working Group). The Na- tional Climate Advisor, the Assistant to the President for Economic Policy, and the Senior Advisor for Clean Energy Innovation and Implementation shall serve as Co-Chairs of the Interagency Working Group. (a) Membership. The Interagency Working Group shall consist of the following additional members: (i) the Secretary of the Treasury; (ii) the Secretary of the Interior; (iii) the Secretary of Agriculture; (iv) the Secretary of Commerce; (v) the Secretary of Labor; (vi) the Secretary of Health and Human Services; (vii) the Secretary of Transportation; (viii) the Secretary of Energy; (ix) the Secretary of Education; (x) the Administrator of the Environmental Protec- tion Agency; (xi) the Director of the Office of Management and Budget; (xii) the Assistant to the President for Domestic Pol- icy and Director of the Domestic Policy Council; and (xiii) the Federal Co-Chair of the Appalachian Re- gional Commission. (b) Mission and Work. (i) The Interagency Working Group shall coordinate the identification and delivery of Federal resources to revitalize the economies of coal, oil and gas, and power plant communities; develop strategies to implement the policy set forth in section 217 of this order and for economic and social recovery; assess opportunities to ensure benefits and protections for coal and power plant workers; and submit reports to the National Cli- mate Advisor and the Assistant to the President for Economic Policy on a regular basis on the progress of the revitalization effort. (ii) As part of this effort, within 60 days of the date of this order, the Interagency Working Group shall sub- mit a report to the President describing all mecha- nisms, consistent with applicable law, to prioritize grantmaking, Federal loan programs, technical assist- ance, financing, procurement, or other existing pro- grams to support and revitalize the economies of coal and power plant communities, and providing rec- ommendations for action consistent with the goals of the Interagency Working Group. (c) Consultation. Consistent with the objectives set out in this order and in accordance with applicable law, the Interagency Working Group shall seek the views of State, local, and Tribal officials; unions; environmental justice organizations; community groups; and other persons it identifies who may have perspectives on the mission of the Interagency Working Group. (d) Administration. The Interagency Working Group shall be housed within the Department of Energy. The Chairs shall convene regular meetings of the Inter- agency Working Group, determine its agenda, and di- rect its work. The Secretary of Energy, in consultation with the Chairs, shall designate an Executive Director of the Interagency Working Group, who shall coordi- nate the work of the Interagency Working Group and head any staff assigned to the Interagency Working Group. (e) Officers. To facilitate the work of the Interagency Working Group, the head of each agency listed in sub- section (a) of this section shall assign a designated offi- cial within the agency the authority to represent the agency on the Interagency Working Group and perform such other duties relating to the implementation of this order within the agency as the head of the agency deems appropriate. SECURING ENVIRONMENTAL JUSTICE AND SPURRING ECONOMIC OPPORTUNITY SEC. 219. Policy. To secure an equitable economic fu- ture, the United States must ensure that environ- mental and economic justice are key considerations in how we govern. That means investing and building a clean energy economy that creates well-paying union jobs, turning disadvantaged communities—historically marginalized and overburdened—into healthy, thriving communities, and undertaking robust actions to miti- gate climate change while preparing for the impacts of climate change across rural, urban, and Tribal areas. Agencies shall make achieving environmental justice part of their missions by developing programs, policies, and activities to address the disproportionately high and adverse human health, environmental, climate-re- lated and other cumulative impacts on disadvantaged communities, as well as the accompanying economic challenges of such impacts. It is therefore the policy of my Administration to secure environmental justice and spur economic opportunity for disadvantaged commu- nities that have been historically marginalized and overburdened by pollution and underinvestment in housing, transportation, water and wastewater infra- structure, and health care. SEC. 220. White House Environmental Justice Interagency Council. (a) [Amended Ex. Ord. No. 12898, set out above.] (b) The Interagency Council shall, within 120 days of the date of this order, submit to the President, through the National Climate Advisor, a set of recommenda- tions for further updating Executive Order 12898. SEC. 221. White House Environmental Justice Advisory Council. There is hereby established, within the Envi- ronmental Protection Agency, the White House Envi- ronmental Justice Advisory Council (Advisory Coun- cil), which shall advise the Interagency Council and the Chair of the Council on Environmental Quality. (a) Membership. Members shall be appointed by the President, shall be drawn from across the political spectrum, and may include those with knowledge about or experience in environmental justice, climate change, disaster preparedness, racial inequity, or any other area determined by the President to be of value to the Advisory Council. (b) Mission and Work. The Advisory Council shall be solely advisory. It shall provide recommendations to the White House Environmental Justice Interagency Council established in section 220 of this order on how to increase the Federal Government’s efforts to address current and historic environmental injustice, including recommendations for updating Executive Order 12898. (c) Administration. The Environmental Protection Agency shall provide funding and administrative sup- port for the Advisory Council to the extent permitted by law and within existing appropriations. Members of the Advisory Council shall serve without either com- pensation or reimbursement of expenses. (d) Federal Advisory Committee Act. Insofar as the Federal Advisory Committee Act, as amended ([former] 5 U.S.C. App.) [see 5 U.S.C. 1001 et seq.], may apply to the Advisory Council, any functions of the President under the Act, except for those in section 6 of the Act [see 5 U.S.C. 1005], shall be performed by the Adminis- trator of the Environmental Protection Agency in ac- cordance with the guidelines that have been issued by the Administrator of General Services. SEC. 222. Agency Responsibilities. In furtherance of the policy set forth in section 219: (a) The Chair of the Council on Environmental Qual- ity shall, within 6 months of the date of this order, cre- ate a geospatial Climate and Economic Justice Screen- ing Tool and shall annually publish interactive maps highlighting disadvantaged communities. (b) The Administrator of the Environmental Protec- tion Agency shall, within existing appropriations and consistent with applicable law: (i) strengthen enforcement of environmental viola- tions with disproportionate impact on underserved communities through the Office of Enforcement and Compliance Assurance; and (ii) create a community notification program to mon- itor and provide real-time data to the public on current environmental pollution, including emissions, criteria pollutants, and toxins, in frontline and fenceline com- munities—places with the most significant exposure to such pollution. (c) The Attorney General shall, within existing ap- propriations and consistent with applicable law: Page 6130 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 (i) consider renaming the Environment and Natural Resources Division the Environmental Justice and Nat- ural Resources Division; (ii) direct that division to coordinate with the Ad- ministrator of the Environmental Protection Agency, through the Office of Enforcement and Compliance As- surance, as well as with other client agencies as appro- priate, to develop a comprehensive environmental jus- tice enforcement strategy, which shall seek to provide timely remedies for systemic environmental violations and contaminations, and injury to natural resources; and (iii) ensure comprehensive attention to environ- mental justice throughout the Department of Justice, including by considering creating an Office of Environ- mental Justice within the Department to coordinate environmental justice activities among Department of Justice components and United States Attorneys’ Of- fices nationwide. (d) The Secretary of Health and Human Services shall, consistent with applicable law and within exist- ing appropriations: (i) establish an Office of Climate Change and Health Equity to address the impact of climate change on the health of the American people; and (ii) establish an Interagency Working Group to De- crease Risk of Climate Change to Children, the Elderly, People with Disabilities, and the Vulnerable as well as a biennial Health Care System Readiness Advisory Council, both of which shall report their progress and findings regularly to the Task Force. (e) The Director of the Office of Science and Tech- nology Policy shall, in consultation with the National Climate Advisor, within existing appropriations, and within 100 days of the date of this order, publish a re- port identifying the climate strategies and tech- nologies that will result in the most air and water quality improvements, which shall be made public to the maximum extent possible and published on the Of- fice’s website. SEC. 223. Justice40 Initiative. (a) Within 120 days of the date of this order, the Chair of the Council on Environ- mental Quality, the Director of the Office of Manage- ment and Budget, and the National Climate Advisor, in consultation with the Advisory Council, shall jointly publish recommendations on how certain Federal in- vestments might be made toward a goal that 40 percent of the overall benefits flow to disadvantaged commu- nities. The recommendations shall focus on invest- ments in the areas of clean energy and energy effi- ciency; clean transit; affordable and sustainable hous- ing; training and workforce development; the remedi- ation and reduction of legacy pollution; and the devel- opment of critical clean water infrastructure. The rec- ommendations shall reflect existing authorities the agencies may possess for achieving the 40-percent goal as well as recommendations on any legislation needed to achieve the 40-percent goal. (b) In developing the recommendations, the Chair of the Council on Environmental Quality, the Director of the Office of Management and Budget, and the National Climate Advisor shall consult with affected disadvan- taged communities. (c) Within 60 days of the recommendations described in subsection (a) of this section, agency heads shall identify applicable program investment funds based on the recommendations and consider interim investment guidance to relevant program staff, as appropriate and consistent with applicable law. (d) By February 2022, the Director of the Office of Management and Budget, in coordination with the Chair of the Council on Environmental Quality, the Ad- ministrator of the United States Digital Service, and other relevant agency heads, shall, to the extent con- sistent with applicable law, publish on a public website an annual Environmental Justice Scorecard detailing agency environmental justice performance measures. PART III—GENERAL PROVISIONS SEC. 301. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment or agency or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget, relating to budgetary, ad- ministrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (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. EXTENSION OF TERM OF WHITE HOUSE ENVIRONMENTAL JUSTICE ADVISORY COUNCIL Term of White House Environmental Justice Advi- sory Council extended until Sept. 30, 2025, by Ex. Ord. No. 14109, Sept. 29, 2023, 88 F.R. 68447, set out as a note under section 1013 of Title 5, Government Organization and Employees. Previous extension of term of White House Environ- mental Justice Advisory Council was contained in the following prior Executive Order: Ex. Ord. No. 14048, Sept. 30, 2021, 86 F.R. 55465, ex- tended term until Sept. 30, 2023. EX. ORD. NO. 14057. CATALYZING CLEAN ENERGY INDUS- TRIES AND JOBS THROUGH FEDERAL SUSTAINABILITY Ex. Ord. No. 14057, Dec. 8, 2021, 86 F.R. 70935, 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 reestablish the Federal Gov- ernment as a leader in sustainability, it is hereby or- dered as follows: SECTION 101. Policy. The Federal Government faces broad exposure to the mounting risks and costs already posed by the climate crisis. In responding to this crisis, we have a once-in-a-generation economic opportunity to create and sustain jobs, including well-paying union jobs; support a just transition to a more sustainable economy for American workers; strengthen America’s communities; protect public health; and advance envi- ronmental justice. As the single largest land owner, en- ergy consumer, and employer in the Nation, the Fed- eral Government can catalyze private sector invest- ment and expand the economy and American industry by transforming how we build, buy, and manage elec- tricity, vehicles, buildings, and other operations to be clean and sustainable. We also must build on past progress and pursue new strategies to improve the Nation’s preparedness and re- silience to the effects of a changing climate, including advancing the Federal Government’s strategic plan- ning, governance, financial management, and procure- ment to ensure climate resilient operations. It is therefore the policy of my Administration for the Federal Government to lead by example in order to achieve a carbon pollution-free electricity sector by 2035 and net-zero emissions economy-wide by no later than 2050. Through a whole-of-government approach, we will demonstrate how innovation and environmental stewardship can protect our planet, safeguard Federal investments against the effects of climate change, re- spond to the needs of all of America’s communities, and expand American technologies, industries, and jobs. SEC. 102. Government-wide Goals. (a) Leading the Na- tion on a firm path to net-zero emissions by 2050 and achieving the policy set forth in section 101 of this order will require bold action to transform Federal pro- curement and operations and secure a transition to clean, zero-emission technologies. Through a coordi- nated whole-of-government approach, the Federal Gov- ernment shall use its scale and procurement power to achieve: (i) 100 percent carbon pollution-free electricity on a net annual basis by 2030, including 50 percent 24/7 car- bon pollution-free electricity, as defined in section 603(a) of this order; Page 6131 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 (ii) 100 percent zero-emission vehicle acquisitions by 2035, including 100 percent zero-emission light-duty ve- hicle acquisitions by 2027; (iii) a net-zero emissions building portfolio by 2045, including a 50 percent emissions reduction by 2032; (iv) a 65 percent reduction in scope 1 and 2 greenhouse gas emissions, as defined by the Federal Greenhouse Gas Accounting and Reporting Guidance, from Federal operations by 2030 from 2008 levels; (v) net-zero emissions from Federal procurement, in- cluding a Buy Clean policy to promote use of construc- tion materials with lower embodied emissions; (vi) climate resilient infrastructure and operations; and (vii) a climate- and sustainability-focused Federal workforce. (b) The actions and investment required to achieve these goals will protect the environment, drive innova- tion, spur private sector investment, improve public in- frastructure, and create new economic opportunity. Pursuant to section 511 of this order, agencies shall im- plement this order in accordance with my Administra- tion’s policies to combat the climate crisis; help Amer- ican businesses compete in strategic industries; create and sustain well-paying union jobs that allow workers to thrive; maximize the use of American goods, prod- ucts, materials, and services; and promote a secure, just, and equitable future for all Americans. SEC. 201. Agency Goals and Targets. (a) In imple- menting the policy set forth in section 101 of this order and to support the achievement of the government- wide goals of section 102 of this order, the head of each agency shall propose targets, including annual progress targets as applicable, to meet the requirements of sec- tions 202 through 206 of this order. (b) The Chair of the Council on Environmental Qual- ity (CEQ) and the Director of the Office of Management and Budget (OMB) shall review the targets, and agen- cies shall incorporate such targets into the perform- ance management systems described under section 503 of this order, as appropriate. SEC. 202. Reducing Agency Greenhouse Gas Emissions. Each agency shall reduce its scope 1, 2, and 3 green- house gas emissions, as defined by the Federal Green- house Gas Accounting and Reporting Guidance, by set- ting and meeting targets for fiscal year 2030 measured from a fiscal year 2008 baseline. SEC. 203. Transitioning to 100 Percent Carbon Pollution- Free Electricity. Each agency shall increase its percent- age use of carbon pollution-free electricity, so that it constitutes 100 percent of facility electrical energy use on an annual basis, and seek to match use on an hourly basis to achieve 50 percent 24/7 carbon pollution-free electricity, by fiscal year 2030. In addition, agencies shall facilitate new carbon pollution-free electricity generation and energy storage capacity by authorizing use of their real property assets, such as rooftops, park- ing structures, and adjoining land, for the development of new carbon pollution-free electricity generation and energy storage through leases, grants, permits, or other mechanisms, to the extent permitted by law. SEC. 204. Transitioning to a Zero-Emission Fleet. Each agency’s light-duty vehicle acquisitions shall be zero- emission vehicles by the end of fiscal year 2027. Each agency with a fleet comprising at least 20 vehicles shall develop and annually update a zero-emission fleet strategy that shall include optimizing fleet size and composition; deploying zero-emission vehicle re-fueling infrastructure; and maximizing acquisition and deploy- ment of zero-emission light-, medium-, and heavy-duty vehicles where the General Services Administration (GSA) offers one or more zero-emission vehicle options for that vehicle class. SEC. 205. Achieving Net-Zero Emissions Buildings, Cam- puses, and Installations. (a) Each agency shall achieve net-zero emissions across its portfolio of buildings, campuses, and installations by 2045 and reduce green- house gas emissions by 50 percent from buildings, cam- puses, and installations by 2032 from 2008 levels, prioritizing improvement of energy efficiency and the elimination of onsite fossil fuel use. (b) To prioritize reductions in scope 1 greenhouse gas emissions, as defined by the Federal Greenhouse Gas Accounting and Reporting Guidance, agencies should use the Federal building performance standards issued pursuant to section 510 of this order. (c) To reduce scope 1 and 2 greenhouse gas emissions, as defined by the Federal Greenhouse Gas Accounting and Reporting Guidance, to achieve net-zero emissions buildings, agencies shall: (i) pursue building electrification strategies in con- junction with carbon pollution-free energy use, deep- energy retrofits, whole-building commissioning, energy and water conservation measures, and space reduction and consolidation; (ii) design new construction and modernization projects greater than 25,000 gross square feet to be net- zero emissions by 2030; (iii) implement CEQ’s Guiding Principles for Sustain- able Federal Buildings in building design, construction, and operation of all new Federal buildings and ren- ovated existing buildings; and (iv) use performance contracting, in accordance with the provisions of section 1002 of the Energy Act of 2020 (Public Law 116–133 [116–260], division Z) [amending sec- tions 8253, 8258, 8259, 8287, 8287a, and 8287c of this title], to improve efficiency and resilience of Federal facili- ties, deploy clean and innovative technologies, and re- duce greenhouse gas emissions from building oper- ations. SEC. 206. Increasing Energy and Water Efficiency. Each agency shall increase facility energy efficiency and water efficiency and shall establish targets for fiscal year 2030 for agency-wide facility energy use intensity and potable water use intensity, with consideration of performance benchmarks for categories of building types (e.g., hospitals, office buildings) and the composi- tion of the agency’s building portfolio. SEC. 207. Reducing Waste and Pollution. Each agency shall minimize waste, including the generation of wastes requiring treatment and disposal; advance pol- lution prevention; support markets for recycled prod- ucts; and promote a transition to a circular economy, as defined in section 2 of the Save Our Seas 2.0 Act (Public Law 116–224) [33 U.S.C. 4201], by annually divert- ing from landfills at least 50 percent of non-hazardous solid waste, including food and compostable material, and construction and demolition waste and debris by fiscal year 2025; and 75 percent by fiscal year 2030. SEC. 208. Sustainable Acquisition and Procurement. (a) Agencies shall reduce emissions, promote environ- mental stewardship, support resilient supply chains, drive innovation, and incentivize markets for sustain- able products and services by prioritizing products that can be reused, refurbished, or recycled; maximizing en- vironmental benefits and cost savings through use of full lifecycle cost methodologies; purchasing products that contain recycled content, are biobased, or are en- ergy and water efficient, in accordance with relevant statutory requirements; and, to the maximum extent practicable, purchasing sustainable products and serv- ices identified or recommended by the Environmental Protection Agency (EPA). (b) The Chair of CEQ shall consider establishing Fed- eral food procurement policies to reduce associated greenhouse gas emissions and drive sustainability in the Federal food supply chain. SEC. 209. Adapting the Federal Government to the Im- pacts of Climate Change. Consistent with its mission, each agency shall: (a) develop or revise polices and processes to promote climate resilient investment that advances adaptation to climate change and protects public health and the environment; (b) conduct climate adaptation analysis and planning for climate-informed financial and management deci- sions and program implementation; (c) reform agency policies and funding programs that are maladaptive to climate change and increase the vulnerability of communities, natural or built systems, economic sectors, and natural resources to climate im- pacts, or related risks; and Page 6132 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 (d) develop and enhance tools that assess climate change impacts and support climate adaptation plan- ning and implementation. SEC. 301. Federal Supply Chain Sustainability. Federal supply chains should support a Government and econ- omy that serves all Americans by creating and sus- taining well-paying union jobs, protecting public health, advancing environmental justice, reducing greenhouse gas emissions, and building resilience to climate change. Consistent with applicable law, agen- cies shall pursue procurement strategies to reduce con- tractor emissions and embodied emissions in products acquired or used in Federal projects. SEC. 302. Supplier Emissions Tracking. The Adminis- trator of GSA shall track disclosure of greenhouse gas emissions, emissions reduction targets, climate risk, and other sustainability-related actions by major Fed- eral suppliers, based on information and data collected through supplier disclosure pursuant to the require- ments of section 5(b)(i) of Executive Order 14030 of May 20, 2021 (Climate-Related Financial Risk) [15 U.S.C. 2901 note], and shall assist the Chair of CEQ in assessing the results of efforts to reduce Federal supply chain emis- sions. SEC. 303. Buy Clean. The Buy Clean Task Force estab- lished pursuant to section 508 of this order shall pro- vide recommendations to the Chair of CEQ and the Di- rector of OMB, through the Administrator of the Office of Federal Procurement Policy, on policies and proce- dures to expand consideration of embodied emissions and pollutants of construction materials in Federal procurement and federally funded projects, to include: (a) identifying and prioritizing pollutants and mate- rials, such as concrete and steel, to be covered under a Buy Clean policy, taking into account the availability of relevant data, including from environmental product declarations, and consistency with existing environ- mental reporting requirements; (b) providing recommendations to increase trans- parency of embodied emissions, including supplier re- porting; procedures for auditing environmental product declarations and verifying accuracy of reported emis- sions data; and recommendations for grants, loans, technical assistance, or alternative mechanisms to sup- port domestic manufacturers in enhancing capabilities to report and reduce embodied emissions in priority materials they produce; and (c) recommending pilot programs that incentivize Federal procurement of construction materials with lower embodied emissions. SEC. 401. Engaging, Educating, and Training the Federal Workforce. Meeting the challenges of climate change and achieving the goals of this order requires an invest- ment in the Federal Government’s employees and a workforce with the knowledge and skills to effectively apply sustainability, climate adaptation, and environ- mental stewardship across disciplines and functions. Agencies shall foster a culture of sustainability and cli- mate action; build employees’ skills and knowledge through engagement, education, and training; and in- corporate environmental stewardship values and, where appropriate, sustainability goals and objectives into performance plans of executives, managers, and staff. The Director of the Office of Personnel Management (OPM), within 90 days of the date of this order [Dec. 8, 2021], shall prepare a report for the Chair of CEQ that outlines opportunities for including or expanding envi- ronmental sustainability and climate adaptation train- ing content in existing Federal training programs, in- cluding OPM leadership training programs, and strate- gies for incorporating sustainability into performance plans. In developing this report, the Director of OPM shall coordinate with the Secretary of Energy, the Ad- ministrator of the EPA, the Administrator of GSA, and, as appropriate, the heads of other agencies, as well as Federal employee unions. SEC. 402. Incorporating Environmental Justice. Environ- mental justice can only be achieved by ensuring that all those affected by agency operations enjoy the same degree of protection from environmental and health hazards. Accordingly, it is critical that the Federal Government incorporate environmental justice consid- erations into sustainability and climate adaptation planning, programs, and operations. Consistent with applicable law, agencies shall consider incorporating recommendations of the Justice40 Initiative, required by section 223 of Executive Order 14008 of January 27, 2021 (Tackling the Climate Crisis at Home and Abroad) [set out above], on how Federal investments might be made toward a goal that 40 percent of the overall bene- fits flow to disadvantaged communities that have been historically marginalized and overburdened by pollu- tion and underinvestment in housing, transportation, energy, water, wastewater infrastructure, and health care, into operational planning and decision-making re- garding Federal facilities, fleets, and operations. Agen- cies shall address actions taken to advance environ- mental justice as part of sustainable operations within the annual Sustainability Plans and Climate Adapta- tion and Resilience Plans required under section 503 of this order. SEC. 403. Accelerating Progress Through Public, Private, and Non-profit Sector Engagement. (a) Through strong partnerships with the public, private, and non-profit sectors and labor unions and worker organizations, we can more effectively catalyze the growth of clean en- ergy industries and jobs. The Federal Chief Sustain- ability Officer, reestablished in section 501 of this order, and the heads of agencies shall seek to engage with stakeholders and partners in achieving the goals of this order. (b) In coordination with the Chair of CEQ and the heads of other agencies, as appropriate, the Director of OPM shall facilitate establishment of a Presidential Sustainability Executives Program to place senior leaders from the private and non-profit sectors into term-limited appointments to bring innovative per- spectives and expertise to Federal Government and as- sist agencies in efforts related to climate action and sustainability. SEC. 501. Establishment of the Office of the Federal Chief Sustainability Officer. The Office of the Federal Chief Sustainability Officer is reestablished within CEQ. The EPA shall provide funding and administrative support for the Office. (a) The Office shall be headed by a Federal Chief Sus- tainability Officer, who shall be appointed by the Presi- dent. The Federal Chief Sustainability Officer shall lead the development of policies, programs, and part- nerships to achieve the policies set forth in this order, advance sustainability and climate resilient Federal operations, and ensure the Federal Government leads by example in combating the climate crisis. (b) The heads of all agencies shall cooperate with the Federal Chief Sustainability Officer and provide such information, support, and assistance as the Federal Chief Sustainability Officer may request, as appro- priate and consistent with applicable law. SEC. 502. Designation and Duties of Agency Chief Sus- tainability Officers. Within 30 days of the date of this order or 30 days of an Agency Chief Sustainability Offi- cer leaving that position, heads of agencies shall des- ignate an Agency Chief Sustainability Officer, and as- sign to the designated official the responsibility for leading agency planning, implementation, and related actions, to include establishment of internal metrics and performance management systems, to achieve the policy in section 101 and the goals set forth in and tar- gets established under sections 201–209 of this order. Agency Chief Sustainability Officers shall provide to the Director of OMB, the Chair of CEQ, and the Federal Chief Sustainability Officer any information and as- sistance necessary to implement this order, consistent with applicable law. SEC. 503. Agency Planning and Performance Manage- ment. (a) The heads of principal agencies shall develop and implement annual Sustainability Plans, based on annual guidance provided by CEQ, describing actions and progress toward the goals and requirements of this order. Page 6133 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 (b) The heads of principal agencies shall develop, im- plement, and update Climate Adaptation and Resil- ience Plans that build on the agency’s plan submitted pursuant to section 211 of Executive Order 14008. (c) The Chair of CEQ and the Director of OMB shall conduct management reviews with each principal agen- cy, at least annually or more frequently as appropriate, to assess implementation and progress on agency plans developed pursuant to this order, the goals set forth in this order, and targets established under this order. (d) The heads of agencies other than principal agen- cies are encouraged to develop, implement, or update plans and participate in management reviews under this section. SEC. 504. Duties of the Chair of the Council on Environ- mental Quality. In coordination with the Director of OMB, the Chair of CEQ shall: (a) issue guidance, including the guidance required by section 510(b) of this order, or revise existing guidance, as necessary, for agency implementation of this order, (b) establish a Chief Sustainability Officer Council that shall advise the Director of OMB and the Chair of CEQ on the performance of agency responsibilities under this order. The Federal Chief Sustainability Offi- cer shall chair the Council. Members of the Council shall include those Agency Chief Sustainability Offi- cers invited by the Chair of CEQ, as well as representa- tives designated by the heads of other agencies at the invitation of CEQ, including representatives from OMB, the Federal Energy Management Program within the Department of Energy, the Office of Federal High-Per- formance Green Buildings within GSA, and a Federal expert on environmental justice. [sic] (c) establish, as appropriate and consistent with ap- plicable law, committees, interagency groups, or task forces to provide information, recommendations, and assistance to CEQ and OMB in implementing this order. SEC. 505. Duties of the Director of OMB. The Director of OMB shall coordinate with the Chair of CEQ on im- plementation of the duties contained in section 504 of this order and, after consultation with the Chair of CEQ and the National Climate Advisor, issue instruc- tions to the heads of agencies concerning periodic per- formance evaluation of agency implementation of this order and prepare scorecards providing periodic evalua- tion of principal agency performance in implementing this order. SEC. 506. Duties of the National Climate Advisor. The National Climate Advisor shall monitor and evaluate progress toward the government-wide goals set forth in section 102 of this order in coordination with the Na- tional Climate Task Force established pursuant to sec- tion 203 of Executive Order 14008. SEC. 507. Duties of Heads of Agencies. (a) To ensure suc- cessful implementation of the policy established in sec- tion 101 of this order and the goals set forth in section 102 of this order, the head of each agency shall: (i) develop an agency-wide strategic process that co- ordinates appropriate agency functions and programs to ensure that those functions and programs consider and address the goals of this order; and (ii) issue or revise existing agency policies, direc- tives, and guidance, as appropriate. (b) To support a whole-of-government approach to achieve the policy in section 101 of this order, inde- pendent agencies are encouraged to implement the pol- icy, goals, and provisions of this order, consistent with applicable law. SEC. 508. Establishment of Federal Leaders Working Groups. The following Federal Leaders working groups are hereby established, to be housed within CEQ: 100 Percent 24/7 Carbon Pollution-Free Electricity; Zero- Emission Vehicle Fleets; Net-Zero Emissions Buildings; Net-Zero Emissions Procurement, including a Buy Clean Task Force; and Climate Adaptation and Resil- ience. The Chair of CEQ shall designate the chair or co- chairs for each working group and provide guidance on their membership and responsibilities. The working groups shall provide semiannual reports to the Na- tional Climate Task Force on actions, findings, and progress toward government-wide goals. SEC. 509. Government-wide Support and Collaboration. Achieving the government-wide goals of section 102 and the agency goals of sections 201 through 209 of this order requires transforming how we build, buy, and manage across the Federal Government. To support a whole-of-government approach: (a) Consistent with applicable law, the Secretary of Defense, the Secretary of Energy, and the Adminis- trator of GSA shall use the scale of the Federal Govern- ment’s electricity use to aggregate and accelerate new carbon pollution-free electricity generation capacity to meet Federal energy needs. (b) The Secretary of Transportation and the Adminis- trator of GSA shall coordinate with States, Tribes, and local governments to facilitate wider adoption of zero- emission vehicles and, where appropriate, use the Fed- eral Government’s acquisition programs for non-Fed- eral Government purchasers. (c) In coordination with the Chair of CEQ and the Di- rector of OMB, the Secretary of Energy shall provide tools and technical support to agencies to develop tar- gets for greenhouse gas emissions, zero-emission vehi- cle fleets, energy, and water required under section 201 of this order; and shall collect, analyze, and report agency data for the purposes of monitoring and evalu- ating performance toward the goals of this order. SEC. 510. Additional Guidance and Instructions for Agen- cies. (a) The Director of OMB, in coordination with the Chair of CEQ and the National Climate Advisor, shall issue a memorandum for agencies that provides direc- tion on immediate actions and further requirements to meet the policies and goals of this order. (b) To assist agencies in complying with this order, the Chair of CEQ, in consultation with the Director of OMB, shall: (i) within 120 days of the date of this order, issue and, as needed, update implementing guidance for agencies that provide directions, strategies, and recommended actions to meet the policies and goals of this order; (ii) issue building performance standards to support achievement of net-zero emissions in the Federal build- ing portfolio under section 205 of this order; and (iii) consider issuing guidance for agencies to pro- mote sustainable locations for Federal facilities and strengthen the vitality and livability of the commu- nities in which Federal facilities are located. SEC. 511. Coordination of Administration Priorities. The heads of agencies shall implement this order consistent with my Administration’s policies to spur growth of do- mestic industry and well-paying union jobs, address the climate crisis, and deliver equity and environmental justice. These policies include those contained in Exec- utive Order 13990 of January 20, 2021 (Protecting Public Health and the Environment and Restoring Science To Tackle the Climate Crisis) [set out above], Executive Order 14008, and Executive Order 14030, which have placed our public health, the environment, and the cli- mate crisis at the forefront of national policy and plan- ning, along with environmental justice, expanding the economy, and the creation of the well-paying union jobs critical to delivering on those goals; Executive Order 14005 of January 25, 2021 (Ensuring the Future Is Made in All of America by All of America’s Workers) [41 U.S.C. 8301 note], which establishes that Federal agencies shall maximize the use of goods, products, and materials that are made in America; Executive Order 13985 of January 20, 2021 (Advancing Racial Equity and Support for Underserved Communities Through the Federal Government) [5 U.S.C. 601 note], which directs action with the goal of making Government con- tracting and procurement opportunities available on an equal basis; and Executive Order 14017 of February 24, 2021 (America’s Supply Chains) [86 F.R. 11849], which es- tablishes the policy to strengthen the resilience of America’s supply chains to fight climate change, create well-paying jobs, and secure our economic prosperity and national security. SEC. 601. Limitations. (a) This order applies to an agen- cy’s activities, personnel, resources, and facilities lo- cated within the United States. The head of an agency Page 6134 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 may apply this order, in whole or in part, to the activi- ties, personnel, resources, and facilities of the agency located outside the United States if the head of the agency determines that such application is in the inter- est of the United States. (b) To the extent the head of an agency does not apply this order to activities, personnel, resources, and facilities outside of the United States, the head of the agency shall manage, to the extent practicable, such activities, personnel, resources, and facilities in a man- ner consistent with the policy set forth in section 101 of this order. SEC. 602. Exemption Authority. (a) The head of an agen- cy may exempt particular agency activities and related personnel, resources, and facilities from the provisions of this order when it is in the interest of national secu- rity, to protect intelligence sources and methods from unauthorized disclosure, or where necessary to protect undercover law enforcement operations from unauthor- ized disclosure. If the head of an agency issues an ex- emption under this section, the agency shall notify the Chair of CEQ in writing within 30 days of issuance of the exemption under this section. To the maximum ex- tent practicable and without compromising national security, each agency shall strive to comply with the purposes, goals, and implementation steps in this order. (b) The head of an agency may exempt from the pro- visions of this order any vehicle, vessel, aircraft, or non-road equipment that is used in combat support, combat service support, military tactical or relief oper- ations, or training for such operations or spaceflight vehicles, including associated ground-support equip- ment. (c) The head of an agency may submit to the Presi- dent, through the Chair of CEQ, a request for an exemp- tion of an agency activity and related personnel, re- sources, and facilities from this order for any reason not otherwise addressed by subsections (a) and (b) of this section. SEC. 603. Definitions. As used in this order: (a) ‘‘24/7 carbon pollution-free electricity’’ means car- bon pollution-free electricity procured to match actual electricity consumption on an hourly basis and pro- duced within the same regional grid where the energy is consumed; (b) ‘‘Agency’’ means an executive agency as defined in section 105 of title 5, United States Code, excluding the Government Accountability Office and independent regulatory agencies, as defined in 44 U.S.C. 3502(5); (c) ‘‘Buy clean’’ means a policy to promote purchase of construction materials with lower embodied emis- sions, taking into account the life-cycle emissions as- sociated with the production of those materials; (d) ‘‘Carbon pollution-free electricity’’ means elec- trical energy produced from resources that generate no carbon emissions, including marine energy, solar, wind, hydrokinetic (including tidal, wave, current, and ther- mal), geothermal, hydroelectric, nuclear, renewably sourced hydrogen, and electrical energy generation from fossil resources to the extent there is active cap- ture and storage of carbon dioxide emissions that meets EPA requirements; (e) ‘‘Embodied emissions’’ means the quantity of emissions, accounting for all stages of production in- cluding upstream processing and extraction of fuels and feedstocks, emitted to the atmosphere due to the pro- duction of a product per unit of such product; (f) ‘‘Federal Leaders working group’’ means a work- ing group, composed of Deputy Secretaries or equiva- lents, that provides recommendations to the Federal Chief Sustainability Officer and National Climate Task Force on implementation and reports on actions and progress toward the goals of this order; (g) ‘‘National Climate Task Force’’ means the Na- tional Climate Task Force established pursuant to sec- tion 203 of Executive Order 14008; (h) ‘‘Principal agencies’’ means the Departments of State, the Treasury, Defense (including the United States Army Corps of Engineers), Justice, the Interior, Agriculture, Commerce, Labor, Health and Human Services, Housing and Urban Development, Transpor- tation, Energy, Education, Veterans Affairs, and Home- land Security; the Environmental Protection Agency; the Small Business Administration; the Social Secu- rity Administration; the National Aeronautics and Space Administration; the Office of Personnel Manage- ment; the General Services Administration; and the National Archives and Records Administration. SEC. 604. Revocation. Executive Order 13834 of May 17, 2018 (Efficient Federal Operations) [formerly set out above], is revoked. SEC. 605. Determination. Pursuant to section 742(b) of Public Law 111–117 [set out above], I have determined that this order will achieve equal or better environ- mental or energy efficiency results than Executive Order 13423 of January 24, 2007 (Strengthening Federal Environmental, Energy, and Transportation Manage- ment) [formerly set out above]. SEC. 606. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment, agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (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. EX. ORD. NO. 14096. REVITALIZING OUR NATION’S COMMITMENT TO ENVIRONMENTAL JUSTICE FOR ALL Ex. Ord. No. 14096, Apr. 21, 2023, 88 F.R. 25251, pro- vided: By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to advance environmental jus- tice, it is hereby ordered as follows: SECTION 1. Policy. To fulfill our Nation’s promises of justice, liberty, and equality, every person must have clean air to breathe; clean water to drink; safe and healthy foods to eat; and an environment that is healthy, sustainable, climate-resilient, and free from harmful pollution and chemical exposure. Restoring and protecting a healthy environment—wherever peo- ple live, play, work, learn, grow, and worship—is a mat- ter of justice and a fundamental duty that the Federal Government must uphold on behalf of all people. We must advance environmental justice for all by im- plementing and enforcing the Nation’s environmental and civil rights laws, preventing pollution, addressing climate change and its effects, and working to clean up legacy pollution that is harming human health and the environment. Advancing environmental justice will re- quire investing in and supporting culturally vibrant, sustainable, and resilient communities in which every person has safe, clean, and affordable options for hous- ing, energy, and transportation. It is also necessary to prioritize building an equitable, inclusive, and sustain- able economy that offers economic opportunities, workforce training, and high-quality and well-paying jobs, including union jobs, and facilitating an equitable transition of the workforce as part of a clean energy fu- ture. Achieving this vision will also require improving equitable access to parks, tree cover, playgrounds, sports fields, rivers, ponds, beaches, lakes, and all of the benefits provided by nature, including America’s public lands and waters. Pursuing these and other ob- jectives integral to advancing environmental justice can successfully occur only through meaningful en- gagement and collaboration with underserved and over- burdened communities to address the adverse condi- tions they experience and ensure they do not face addi- tional disproportionate burdens or underinvestment. Page 6135 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 We have more work to do to make environmental jus- tice a reality for our Nation, both for today and for the generations that will follow us. Even as many commu- nities in the United States have prospered and thrived in recent decades, many other communities have been left behind. Communities with environmental justice concerns face entrenched disparities that are often the legacy of racial discrimination and segregation, red- lining, exclusionary zoning, and other discriminatory land use decisions or patterns. These decisions and pat- terns may include the placement of polluting indus- tries, hazardous waste sites, and landfills in locations that cause cumulative impacts to the public health of communities and the routing of highways and other transportation corridors in ways that divide neighbor- hoods. These remnants of discrimination persist today. Communities with environmental justice concerns exist in all areas of the country, including urban and rural areas and areas within the boundaries of Tribal Nations and United States Territories. Such commu- nities are found in geographic locations that have a sig- nificant proportion of people who have low incomes or are otherwise adversely affected by persistent poverty or inequality. Such communities are also found in places with a significant proportion of people of color, including individuals who are Black, Latino, Indige- nous and Native American, Asian American, Native Ha- waiian, and Pacific Islander. Communities with envi- ronmental justice concerns also include geographically dispersed and mobile populations, such as migrant farmworkers. Communities with environmental justice concerns experience disproportionate and adverse human health or environmental burdens. These burdens arise from a number of causes, including inequitable access to clean water, clean air, natural places, and resources for other basic human health and environmental needs; the con- centration of pollution, hazardous waste, and toxic ex- posures; and underinvestment in affordable housing that is safe and healthy and in basic infrastructure and services to support such housing, including safe drink- ing water and effective sewage management. The cu- mulative impacts of exposure to those types of burdens and other stressors, including those related to climate change and the environment, further disadvantage communities with environmental justice concerns. People in these communities suffer from poorer health outcomes and have lower life expectancies than those in other communities in our Nation. Moreover, gaps in environmental and human health data can conceal these harms from public view, and, in doing so, are themselves a persistent and pernicious driver of envi- ronmental injustice. Nearly three decades after the issuance of Executive Order 12898 of February 11, 1994 (Federal Actions To Ad- dress Environmental Justice in Minority Populations and Low-Income Populations) [set out above], the Fed- eral Government must build upon and strengthen its commitment to deliver environmental justice to all communities across America. Our Nation needs an am- bitious approach to environmental justice that is in- formed by scientific research, high-quality data, and meaningful Federal engagement with communities with environmental justice concerns and that uses the tools available to the Federal Government, including enforcement of civil rights and environmental laws. Our Nation must also take further steps to dismantle racial discrimination and institutional bias that dis- proportionately affect the health, environment, safety, and resiliency of communities with environmental jus- tice concerns. To ensure that the Nation’s policies and investments respond to the needs of every community, all people should be afforded the opportunity to meaningfully participate in agency decision-making processes that may affect the health of their community or environ- ment. The Federal Government must continue to re- move barriers to the meaningful involvement of the public in such decision-making, particularly those bar- riers that affect members of communities with environ- mental justice concerns, including those related to dis- ability, language access, and lack of resources. The Federal Government must also continue to respect Tribal sovereignty and support self-governance by en- suring that Tribal Nations are consulted on Federal policies that have Tribal implications. In doing so, we must recognize, honor, and respect the different cul- tural practices—including subsistence practices, ways of living, Indigenous Knowledge, and traditions—in communities across America. As our Nation reaffirms our commitment to environmental justice, the Federal Government must continue to be transparent about, and accountable for, its actions. It is the policy of my Administration to pursue a whole-of-government approach to environmental jus- tice. This order builds upon my Administration’s ongo- ing efforts to advance environmental justice and equity consistent with Executive Order 13985 of January 20, 2021 (Advancing Racial Equity and Support for Under- served Communities Through the Federal Government) [5 U.S.C. 601 note], Executive Order 13990 of January 20, 2021 (Protecting Public Health and the Environment and Restoring Science To Tackle the Climate Crisis) [set out above], Executive Order 14008 of January 27, 2021 (Tackling the Climate Crisis at Home and Abroad) [set out above], Executive Order 14052 of November 15, 2021 (Implementation of the Infrastructure Investment and Jobs Act) [23 U.S.C. 101 note], Executive Order 14057 of December 8, 2021 (Catalyzing Clean Energy Industries and Jobs Through Federal Sustainability) [set out above], Executive Order 14082 of September 12, 2022 (Im- plementation of the Energy and Infrastructure Provi- sions of the Inflation Reduction Act of 2022) [26 U.S.C. 1 note], and Executive Order 14091 of February 16, 2023 (Further Advancing Racial Equity and Support for Un- derserved Communities Through the Federal Govern- ment) [5 U.S.C. 601 note]. This order also supplements the foundational efforts of Executive Order 12898 to ad- dress environmental justice. In partnership with State, Tribal, territorial, and local governments, as well as community organizations, businesses, and members of the public, the Federal Government will advance envi- ronmental justice and help create a more just and sus- tainable future for all. SEC. 2. Definitions. As used in this order: (a) ‘‘Agency’’ means an executive agency as defined by 5 U.S.C. 105, excluding the Government Account- ability Office and independent regulatory agencies, as defined in 44 U.S.C. 3502(5). (b) ‘‘Environmental justice’’ means the just treat- ment and meaningful involvement of all people, regard- less of income, race, color, national origin, Tribal af- filiation, or disability, in agency decision-making and other Federal activities that affect human health and the environment so that people: (i) are fully protected from disproportionate and ad- verse human health and environmental effects (includ- ing risks) and hazards, including those related to cli- mate change, the cumulative impacts of environmental and other burdens, and the legacy of racism or other structural or systemic barriers; and (ii) have equitable access to a healthy, sustainable, and resilient environment in which to live, play, work, learn, grow, worship, and engage in cultural and sub- sistence practices. (c) ‘‘Federal activity’’ means any agency rulemaking, guidance, policy, program, practice, or action that af- fects or has the potential to affect human health and the environment, including an agency action related to climate change. Federal activities may include agency actions related to: assuring compliance with applicable laws; licensing, permitting, and the reissuance of li- censes and permits; awarding, conditioning, or over- sight of Federal funds; and managing Federal resources and facilities. This may also include such activities in the District of Columbia and the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mar- iana Islands, American Samoa, Guam, the U.S. Virgin Islands, and other Territories and possessions of the United States. Page 6136 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 (d) ‘‘Tribal Nation’’ means an American Indian or Alaska Native tribe, band, nation, pueblo, village, or community that the Secretary of the Interior acknowl- edges as a federally recognized Tribe pursuant to the Federally Recognized Indian Tribe List Act of 1994, 25 U.S.C. 5130, 5131. SEC. 3. Government-Wide Approach to Environmental Justice. (a) Consistent with section 1–101 of Executive Order 12898 and each agency’s statutory authority, each agency should make achieving environmental justice part of its mission. Each agency shall, as appropriate and consistent with applicable law: (i) identify, analyze, and address disproportionate and adverse human health and environmental effects (in- cluding risks) and hazards of Federal activities, includ- ing those related to climate change and cumulative im- pacts of environmental and other burdens on commu- nities with environmental justice concerns; (ii) evaluate relevant legal authorities and, as avail- able and appropriate, take steps to address dispropor- tionate and adverse human health and environmental effects (including risks) and hazards unrelated to Fed- eral activities, including those related to climate change and cumulative impacts of environmental and other burdens on communities with environmental jus- tice concerns; (iii) identify, analyze, and address historical inequi- ties, systemic barriers, or actions related to any Fed- eral regulation, policy, or practice that impair the abil- ity of communities with environmental justice con- cerns to achieve or maintain a healthy and sustainable environment; (iv) identify, analyze, and address barriers related to Federal activities that impair the ability of commu- nities with environmental justice concerns to receive equitable access to human health or environmental benefits, including benefits related to natural disaster recovery and climate mitigation, adaptation, and resil- ience; (v) evaluate relevant legal authorities and, as avail- able and appropriate, take steps to provide, in con- sultation with unions and employers, opportunities for workforce training and to support the creation of high- quality and well-paying jobs, including union jobs, for people who are part of communities with environ- mental justice concerns; (vi) evaluate relevant legal authorities and, where available and appropriate, consider adopting or requir- ing measures to avoid, minimize, or mitigate dispropor- tionate and adverse human health and environmental effects (including risks) and hazards of Federal activi- ties on communities with environmental justice con- cerns, to the maximum extent practicable, and to ad- dress any contribution of such Federal activities to ad- verse effects—including cumulative impacts of environ- mental and other burdens—already experienced by such communities; (vii) provide opportunities for the meaningful engage- ment of persons and communities with environmental justice concerns who are potentially affected by Fed- eral activities, including by: (A) providing timely opportunities for members of the public to share information or concerns and par- ticipate in decision-making processes; (B) fully considering public input provided as part of decision-making processes; (C) seeking out and encouraging the involvement of persons and communities potentially affected by Fed- eral activities by: (1) ensuring that agencies offer or provide infor- mation on a Federal activity in a manner that pro- vides meaningful access to individuals with limited English proficiency and is accessible to individuals with disabilities; (2) providing notice of and engaging in outreach to communities or groups of people who are poten- tially affected and who are not regular participants in Federal decision-making; and (3) addressing, to the extent practicable and ap- propriate, other barriers to participation that indi- viduals may face; and (D) providing technical assistance, tools, and re- sources to assist in facilitating meaningful and in- formed public participation, whenever practicable and appropriate; (viii) continue to engage in consultation on Federal activities that have Tribal implications and potentially affect human health or the environment, pursuant to Executive Order 13175 of November 6, 2000 (Consultation and Coordination With Indian Tribal Governments) [25 U.S.C. 5301 note], the Presidential Memorandum of Jan- uary 26, 2021 (Tribal Consultation and Strengthening Nation-to-Nation Relationships) [25 U.S.C. 5301 note], and the Presidential Memorandum of November 30, 2022 (Uniform Standards for Tribal Consultation) [25 U.S.C. 5301 note], and fulfill obligations established pursuant to Executive Order 13007 of May 24, 1996 (Indian Sacred Sites) [42 U.S.C. 1996 note]; (ix) carry out environmental reviews under the Na- tional Environmental Policy Act (NEPA), 42 U.S.C. 4321 et seq., consistent with the statute and its imple- menting regulations and through the exercise of the agency’s expertise and technical judgment, in a manner that: (A) analyzes direct, indirect, and cumulative effects of Federal actions on communities with environ- mental justice concerns; (B) considers best available science and information on any disparate health effects (including risks) aris- ing from exposure to pollution and other environ- mental hazards, such as information related to the race, national origin, socioeconomic status, age, dis- ability, and sex of the individuals exposed; and (C) provides opportunities for early and meaningful involvement in the environmental review process by communities with environmental justice concerns po- tentially affected by a proposed action, including when establishing or revising agency procedures under NEPA; (x) in accordance with Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d [et seq.], and agency regula- tions, ensure that all programs or activities receiving Federal financial assistance that potentially affect human health or the environment do not directly, or through contractual or other arrangements, use cri- teria, policies, practices, or methods of administration that discriminate on the basis of race, color, or na- tional origin; (xi) ensure that the public, including members of communities with environmental justice concerns, has adequate access to information on Federal activities, including planning, regulatory actions, implementa- tion, permitting, compliance, and enforcement related to human health or the environment, when required under the Freedom of Information Act, 5 U.S.C. 552; the Government in the Sunshine Act, 5 U.S.C. 552b; the Clean Air Act, 42 U.S.C. 7401 et seq.; the Clean Water Act, 33 U.S.C. 1251 et seq.; the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA), 42 U.S.C. 11001 et seq.; or other environmental statutes with public information provisions; (xii) improve collaboration and communication with State, Tribal, territorial, and local governments on programs and activities to advance environmental jus- tice; (xiii) encourage and, to the extent permitted by law, ensure that Government-owned, contractor-operated facilities take appropriate steps to implement the di- rectives of this order; (xiv) consider ways to encourage and, as appropriate, ensure that recipients of Federal funds—including re- cipients of block grant funding—and entities subject to contractual, licensing, or other arrangements with Federal agencies advance environmental justice; (xv) develop internal mechanisms to achieve the goals of this order, including by: (A) creating performance metrics and other means of accountability; (B) identifying and dedicating staff, funding, and other resources; and (C) providing appropriate professional development and training of agency staff; and Page 6137 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 (xvi) consistent with section 2–2 of Executive Order 12898, ensure that Federal activities do not have the ef- fect of: (A) excluding persons, including populations, from participation in Federal activities on the basis of their race, color, or national origin; (B) denying persons, including populations, the ben- efits of Federal activities on the basis of their race, color, or national origin; or (C) subjecting persons, including populations, to discrimination on the basis of their race, color, or na- tional origin. (b) The Administrator of the Environmental Protec- tion Agency (EPA) shall: (i) in carrying out responsibilities under section 309 of the Clean Air Act, 42 U.S.C. 7609, assess whether each agency analyzes and avoids or mitigates dispropor- tionate human health and environmental effects on communities with environmental justice concerns; and (ii) report annually to the Chair of the Council on En- vironmental Quality (CEQ) and the White House Envi- ronmental Justice Interagency Council (Interagency Council) described in section 7 of this order on EPA’s Clean Air Act section 309 reviews regarding commu- nities with environmental justice concerns and provide recommendations on legislative, regulatory, or policy options to advance environmental justice in Federal decision-making. (c) In carrying out assigned responsibilities under Ex- ecutive Order 12250 of November 2, 1980 (Leadership and Coordination of Nondiscrimination Laws) [42 U.S.C. 2000d–1 note], the Attorney General shall assess agency efforts to ensure compliance with civil rights laws in programs and activities receiving Federal financial as- sistance that potentially affect human health or the environment and shall report annually based on pub- licly available information to the Chair of CEQ regard- ing any relevant pending or closed litigation. SEC. 4. Environmental Justice Strategic Plans. (a) No later than 18 months after the date of this order [Apr. 21, 2023] and every 4 years thereafter, each agency shall submit to the Chair of CEQ and make available to the public online an Environmental Justice Strategic Plan. (b) Each Environmental Justice Strategic Plan shall, based on guidance provided by the Chair of CEQ under section 9 of this order, set forth the agency’s vision, goals, priority actions, and metrics to address and ad- vance environmental justice and to fulfill the direc- tives of this order, including through the identification of new staffing, policies, regulations, or guidance docu- ments. (c) Each Environmental Justice Strategic Plan shall also identify and address opportunities through regula- tions, policies, permits, or other means to improve ac- countability and compliance with any statute the agen- cy administers that affects the health and environment of communities with environmental justice concerns. Such measures may include: (i) increasing public reporting by regulated entities; (ii) expanding use of pollution measurement and other environmental impact or compliance assessment tools such as fenceline monitoring; (iii) improving the effectiveness of remedies to pro- vide relief to individuals and communities with envi- ronmental justice concerns, such as remedies that pe- nalize and deter violations and promote future compli- ance, including harm mitigation and corrective action; and (iv) considering whether to remove exemptions or waivers that may undermine the achievement of human health or environmental standards. (d) No later than 2 years after the submission of an Environmental Justice Strategic Plan, each agency shall submit to the Chair of CEQ, and make available to the public, an Environmental Justice Assessment that evaluates, based on guidance provided by the Chair of CEQ under section 9 of this order, the effec- tiveness of the agency’s Environmental Justice Stra- tegic Plan. The Environmental Justice Assessment shall include an evaluation of: (i) the agency’s progress in implementing its Envi- ronmental Justice Strategic Plan; (ii) any barriers to implementing the agency’s Envi- ronmental Justice Strategic Plan; and (iii) steps taken to address any barriers identified. (e) An agency’s completion of an Environmental Jus- tice Strategic Plan and Environmental Justice Assess- ment shall satisfy the requirements of section 1–103 of Executive Order 12898. (f) The Environmental Justice Scorecard established under section 223(d) of Executive Order 14008 shall ad- dress agency progress toward achieving the goals out- lined in this order and shall include, among other items, a section on agencies’ Environmental Justice Strategic Plans and Environmental Justice Assess- ments. (g) The Chair of CEQ may request additional periodic reports, information, or evaluations on environmental justice issues from agencies. (h) Independent regulatory agencies are strongly en- couraged to comply with the provisions of this order and to provide a notice to the Chair of CEQ of their in- tention to do so. The Chair of CEQ shall make such no- tices publicly available and maintain a list online of such agencies. SEC. 5. Research, Data Collection, and Analysis to Ad- vance Environmental Justice. (a) To address the need for a coordinated Federal strategy to identify and address gaps in science, data, and research related to environ- mental justice, the Director of the Office of Science and Technology Policy (OSTP) shall establish an Envi- ronmental Justice Subcommittee of the National Science and Technology Council (Environmental Jus- tice Subcommittee). (i) The Director of OSTP, in consultation with the Chair of CEQ, shall designate at least two co-chairs of the Environmental Justice Subcommittee and may des- ignate additional co-chairs as appropriate. The mem- bership of the Subcommittee shall consist of represent- atives of agencies invited by the Director, in consulta- tion with the Chair of CEQ. (ii) The Environmental Justice Subcommittee and the Interagency Council described in section 7 of this order shall hold an annual summit on the connection of science, data, and research with policy and action on environmental justice. (iii) The Environmental Justice Subcommittee shall prepare, and update biennially, an Environmental Jus- tice Science, Data, and Research Plan (Research Plan) to: (A) analyze any gaps and inadequacies in data col- lection and scientific research related to environ- mental justice, with a focus on gaps and inadequacies that may affect agencies’ ability to advance environ- mental justice, including through the Environmental Justice Strategic Plans required under section 4 of this order; (B) identify opportunities for agencies to coordi- nate with the research efforts of State, Tribal, terri- torial, and local governments; academic institutions; communities; the private sector; the non-profit sec- tor; and other relevant actors to accelerate the devel- opment of data, research, and techniques—including consideration of Indigenous Knowledge—to address gaps and inadequacies in data collection and sci- entific research that may affect agencies’ ability to advance environmental justice; (C) provide recommendations to agencies on the de- velopment and use of science, data, and research to support environmental justice policy and the agency responsibilities outlined in section 3 of this order; (D) provide recommendations to the Chair of CEQ on data sources to include in the Climate and Eco- nomic Justice Screening Tool established pursuant to section 222(a) of Executive Order 14008; (E) provide recommendations to agencies on ethical standards, privacy protections, and other require- ments for the development and use of science, data, and research addressed in the Research Plan, includ- ing recommendations with respect to engaging in Page 6138 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4321 consultation with and obtaining consent of Tribal Nations; and (F) provide recommendations to agencies on: (1) encouraging participatory science, such as re- search or data collection undertaken by commu- nities or the public, and, as appropriate, inte- grating such science into agency decision-making processes; (2) taking steps to ensure or encourage, as appro- priate, that collections of data related to environ- mental justice include data from the Territories and possessions of the United States; (3) improving the public accessibility of research and information produced or distributed by the Federal Government, including through the use of machine-readable formats, where appropriate; (4) disaggregating environmental risk, exposure, and health data by race, national origin, income, socioeconomic status, age, sex, disability, and other readily accessible and appropriate categories; (5) identifying and addressing data collection challenges related to patterns of historical or ongo- ing racial discrimination and bias; (6) analyzing cumulative impacts (including risks) from multiple sources, pollutants or chemi- cals, and exposure pathways, and accounting for non-chemical stressors and current and anticipated climate change; (7) in collaboration with Tribal Nations, as appro- priate, collecting, maintaining, and analyzing in- formation on consumption patterns of fish, wildlife, and plants related to subsistence and cultural prac- tices of Tribal and Indigenous populations; (8) providing opportunities for meaningful en- gagement for communities with environmental jus- tice concerns on the development and design of data collection and research strategies relevant to those communities; and (9) implementing sections 3–3 and 4–4 of Executive Order 12898 in an efficient and effective manner. (b) Consistent with sections 3–3 and 4–4 of Executive Order 12898, each agency shall take appropriate steps, considering the recommendations of the Environ- mental Justice Subcommittee, to promote the develop- ment of research and data related to environmental justice, including enhancing the collection of data, sup- porting the creation of tools to improve the consider- ation of environmental justice in decision-making, pro- viding analyses of cumulative impacts and risks, and promoting science needed to inform decisions that ad- vance environmental justice. (c) When conducting research and data collection in furtherance of the directives in this order and Execu- tive Order 12898, agencies shall comply with applicable regulations and directives, including those related to standards of ethics for the protection of human sub- jects, such as those set forth in Executive Order 12975 of October 3, 1995 (Protection of Human Research Sub- jects and Creation of National Bioethics Advisory Com- mission) [former 42 U.S.C. 6601 note], and the Presi- dential Memorandum of January 27, 2021 (Restoring Trust in Government Through Scientific Integrity and Evidence-Based Policymaking) [42 U.S.C. 6601 note]. SEC. 6. Community Notification on Toxic Chemical Re- leases. To ensure that the public, including members of communities with environmental justice concerns, re- ceives timely information about releases of toxic chemicals that may affect them and health and safety measures available to address such releases: (a) Each agency shall report in accordance with sec- tions 301 through 313 of EPCRA [42 U.S.C. 11001 to 11023] after considering applicable EPA guidance and without regard to the Standard Industrial Classification or North American Industry Classification System delin- eations. (b) No later than 6 weeks following a release requir- ing notification by an agency under section 304(a) of EPCRA, the notifying agency shall hold a public meet- ing providing the information required under section 304(b)(2) of EPCRA [42 U.S.C. 11004(b)(2)], including in- formation on the nature of the release, known or an- ticipated health risks, and the proper precautions to take as a result. The agency shall provide notice of a public meeting no later than 72 hours after a release. (c) The Administrator of EPA shall evaluate avail- able legal authorities and consider any additional steps it may require or encourage non-Federal facilities that report releases under EPCRA to undertake in connec- tion with the report. (d) The Administrator of EPA shall provide the Envi- ronmental Justice Subcommittee established by sec- tion 5 of this order with an annual report on trends in data in the Toxic Release Inventory established by sec- tion 313 of EPCRA [42 U.S.C. 11023] to inform the devel- opment of the Research Plan required under section 5(a)(iii) of this order. SEC. 7. White House Environmental Justice Interagency Council. [Amended Ex. Ord. No. 12898, set out above] SEC. 8. White House Office of Environmental Justice. (a) The White House Office of Environmental Justice is hereby established within CEQ. (b) The Office shall be headed by a Federal Chief En- vironmental Justice Officer, who shall be appointed by the President. The Federal Chief Environmental Jus- tice Officer shall advance environmental justice initia- tives, including by coordinating the development of policies, programs, and partnerships to achieve the policies set forth in this order; identifying opportuni- ties for collaboration and coordination with State, Tribal, territorial, and local governments; supporting the Interagency Council; and advising the Chair of CEQ and the Interagency Council on environmental justice matters. (c) The heads of all agencies shall cooperate with the Federal Chief Environmental Justice Officer and pro- vide such information, support, and assistance as the Federal Chief Environmental Justice Officer may re- quest, as appropriate. SEC. 9. Guidance. Within 6 months of the date of this order, the Chair of CEQ shall issue interim guidance, in consultation with the Interagency Council, to inform agency implementation of this order, and shall request recommendations on the guidance from the White House Environmental Justice Advisory Council estab- lished by Executive Order 14008 (Advisory Council). To reduce redundancy and streamline reporting obliga- tions, the interim guidance shall identify ways for agencies to align other related efforts, such as obliga- tions that agencies may have under Executive Order 13985 and Executive Order 14008. Within 18 months of the date of this order, the Chair of CEQ shall issue final guidance after considering any recommendations of the Advisory Council. The Chair of CEQ may revise any guidance, or issue additional guidance under this order, as appropriate, and shall consider any additional rec- ommendations made by the Advisory Council in issuing or revising guidance under this section. SEC. 10. Reports to the President. Within 1 year of the date for the submission of agency Environmental Jus- tice Strategic Plans to the Chair of CEQ under section 4(a) of this order, the Chair shall, after consultation with the Interagency Council and after considering rec- ommendations from the Advisory Council, submit to the President a report that describes the implementa- tion of this order, includes each agency’s Environ- mental Justice Strategic Plan, provides recommenda- tions for additional steps to advance environmental justice, and, beginning with the second report, also pro- vides any insights gathered from each agency’s Envi- ronmental Justice Assessment required under section 4(d) of this order. SEC. 11. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. 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;