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

AuthorNicholas C. Yost
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
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
(c) major Federal actions signicant ly aecting the
environment of a foreign nation which provide to that
(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

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