Appendix 6: Executive Order 12114: Environmental Effects Abroad of Major Federal Actions

• Author: Nicholas C. Yost
• Pages: 73-75

Executive Order 12114, Environmental Effects Abroad of Major Federal Actions Page 73

Executive Order 12114

Environmental Effects Abroad of

Major Federal Actions

3 C.F.R. 356 (1980)

By virtue of the authority veste d in me by the Con-

stitution and the laws of the United States , and as

President of the United States, in order to further env i-

ronmental objectives consistent wit h the foreign policy

and national secu rity policy of t he United States, it is

ordered as follows:

SEC. 1.

1-1. Purpose and Scope. e pu rpose of this Executive

Order is to enable responsible ocials of Federal a gen-

cies having ultim ate responsibility for authorizing and

approving actions encompassed by t his Order to be

informed of pertinent environmenta l considerations

and to take such considerat ions into account, with

other pertinent considerations of nationa l policy, in

making deci sions regardi ng such actions. While based

on independent authority, this Order furthers t he pur-

pose of the National Environmenta l Policy Act and

the Marine Protection Res earch and Sanctuaries Act

and the Deepwater Port Act consistent w ith the for-

eign policy and nationa l security policy of the United

States, and represents the United States g overnment’s

exclusive and complete determinat ion of the proce-

dural and other act ions to be taken by Federa l agencies

to further the pur pose of the National Environmental

Policy Act, with respect to t he environment outside the

United States, its territories and posse ssions.

SEC. 2.

2-1. Agency Procedures. Every Federal a gency taking

major Federal actions encompass ed hereby and not

exempted herefrom having signi cant eects on the

environment outside the geographica l borders of the

United States and its territories and posse ssions shall

within eight months af ter the eective date of this

Order have in eect procedures to i mplement this

Order. Agencies shall consu lt with the Department

of State and the Council on Environ mental Qua lity

concerning such procedure s prior to placing them in

eect.

2-2. Information Exchange. To assist in eec tuating

the foregoing purpose, t he Department of State a nd

the Council on Environmenta l Quality in collabora-

tion with other interested Federa l agencies and other

nations shall conduct a progr am for exchange on a

continuing basis of inform ation concerning the envi-

ronment. e objectives of this progra m shall be to

provide information for use by decisionma kers, to

heighten awareness of and interest i n environmental

concerns and, as appropriate, to faci litate environmen-

tal cooperation with f oreign nations.

2-3. Actions Included. A gencies in their procedures

under Section 2-1 shall est ablish procedures by which

their ocers having u ltimate responsibility for autho-

rizing and approving ac tions in one of the follow-

ing categories encompass ed by this Order, take into

consideration in maki ng decisions concerning such

actions, a document described i n Section 2-4(a):

(a) major Federal actions signica ntly aecting the

environment of the global commons outside the jur is-

diction of any nation (e.g., the oceans or A ntarctic a);

(b) major Federal actions signic antly aecting the

environment of a foreign nation not participatin g with

the United States and not otherwi se involved in the

action;

(c) major Federal actions signicant ly aecting the

environment of a foreign nation which provide to that

nation:

(1) a product, or physical project producing a principal

product or an emission or euent, which is prohibited

or strictly regul ated by Federal law in the United States

because its toxic eec ts on the environment create a

serious public health risk; or

(2) a physical project which in the United States is pro-

hibited or strictly regul ated by Federal law to protect

the environment again st radioactive substances.

(d) major Federal actions outside the United States, its

territories and possessions wh ich signicantly aect

natural or ecologic al resources of global importance

designated for protection under thi s subsection by the

President, or, in the case of such a resource protected

by international agreement bindi ng on the United

States, by the Secreta ry of State. Recommendations

to the President under this subsect ion shall be a ccom-

panied by the views of t he Council on Environmental

Quality and t he Secretary of State.

2-4. Applicable Procedu res. (a) ere are the follow-

ing types of docu ments to be used in connection with

actions described in Se ction 2-3:

(i) environmental impact statements (including

generic, program and speci c statements);

(ii) bilateral or multilateral env ironmental studies, rel-

evant or related to the proposed act ion, by the United