National Environmental Policy Act

• Author: Environmental Law Reporter
• Pages: 707-719

707

NEPA§2 NATIONALENVIRONMENTAL POLICY ACT 42 U.S.C. §4321

National Environmental Policy Act

42 U.S.C. §§4321-4370f

§4321.[NEPA §2]

Congressional declaration of purpose

The purposes of this chapter are: Todeclare a national policy which

will encourage productive and enjoyable harmony between man and

his environment; to promote efforts which will prevent or eliminate

damage to the environment and biosphere and stimulate the health and

welfare of man; to enrich the understanding of the ecological systems

and natural resources important to the Nation; and to establish a Coun-

cil on Environmental Quality.

(Pub. L. 91-190, §2, Jan. 1, 1970, 83 Stat. 852.)

Short Title

Section 1 of Pub. L. 91-190 provided: “That this Act (enacting this chapter) may

be cited as the ‘National Environmental Policy Act of 1969’.”

TransferOf Functions

Enforcement functions of Secretary or other official in Department of the Interior

relatedto compliance with system activities requiring coordination and approval un-

der this chapter, and enforcement functions of Secretary or other officialin Depart-

mentof Agriculture, insofar as they involve lands and programs under jurisdiction of

that Department, related to compliance with this chapter with respect to

pre-construction, construction, and initial operation of transportation system for Ca-

nadian and Alaskan natural gas transferred to Federal Inspector, Office of Federal

Inspector 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, Secs. 102(e), (f), 203(a), 44 F.R. 33663, 33666, 93 Stat.1373,

1376, effective July 1, 1979, set out in the Appendix to Title5, Government Organi-

zationand Employees. Office of Federal Inspector for the Alaska Natural Gas Trans-

portation System abolished and functions and authority vested in Inspector trans-

ferred to Secretary of Energy by section 3012(b) of Pub. L. 102-486, set out as an

Abolition of Office of Federal Inspector note under section 719e of Title 15, Com-

merce and Trade.

Emergency Preparedness Functions

For assignment of certain emergency preparedness functions to Administrator of

EnvironmentalProtection 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 section 5195 of this title.

Necessity Of Military Low-Level Flight Training ToProtect National

Security And Enhance Military Readiness

Pub. L. 106-398, Sec. 1 [[div.A], title III, Sec. 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 statement for low-level flight train-

ing as a precondition to the use by the Armed Forces of an airspace for the perfor-

mance of low-level training flights."

TerminationOf Cabinet Committee On The Environment

The Cabinet Committee on the Environment was terminated and its functions

transferredto 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 Fi-

nance.

The Domestic Council was abolished by Reorg. Plan. No. 1 of 1977, Sec. 3, 42

F.R.56101, 91 Stat. 1633, set out in the Appendix to Title 5, Government Organiza-

tion 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 delegate the perfor-

mance of such transferred functions within the Executive Office of the President.

TerminationOf Citizens’ Advisory Committee On Environmental Quality

For provisions relating to termination of Citizens’Advisory Committee on Envi-

ronmentalQuality see Ex. Ord. No. 12007, Aug. 22, 1977, 42 F.R. 42839, set out as a

note under section 14 of the Federal Advisory Committee Act in the Appendix to Ti-

tle 5, Government Organization and Employees.

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 activities for animal dam-

age control on Federal lands, was revoked by Ex. Ord. No. 12342, Jan. 27, 1982, 47

F.R. 4223.

Executive Order No. 11987

Ex.Ord. No. 11987, May 24, 1977, 42 F.R. 26949, which directed executive agen-

cies, and encouraged States, local governments, and private citizens, to restrict the

introduction of exotic species into the natural ecosystems on lands and waters under

their control, and which directed executive agencies to restrict the exportation of na-

tive species for introduction of such species into ecosystems outside the United

Stateswhere they do not naturally occur, unless such introduction or exportation was

found not to have an adverse effect on natural ecosystems, was revoked by Ex. Ord.

No. 13112, Sec. 6(b), Feb. 3, 1999, 64 F.R.6186, set out below.

Executive Order No. 12194

Ex. Ord. No. 12194, Feb. 21, 1980, 45 F.R.12209, which established the Radia-

tion Policy Council and provided for its membership, functions, etc. was revoked by

Ex. Ord. No. 12379, Sec. 23, Aug. 17, 1982, 47 F.R.36100, set out as a note under

section 14 of the Federal Advisory Committee Act in the Appendix to Title 5, Gov-

ernment 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 adminis-

tration,was revoked by Ex. Ord. No. 12852, Sec. 4(c), June 29, 1993, 58 F.R. 35841,

formerly set out below.

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 re-

voked by Ex. Ord. No. 13138, Sec. 3(f), Sept. 30, 1999, 64 F.R.53880, formerly set

out as a note under section 14 of the Appendix to Title 5, Government Organization

and Employees.

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, Sec.

3(b), Sept. 20, 2001, 66 F.R.50292, formerly set out as a note under section 14 of the

Federal Advisory Committee Act in the Appendix to Title5, Government Organiza-

tion and Employees.

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 Prosecution Act of 1990’.

“SEC. 202. EPA OFFICE OF CRIMINAL INVESTIGATION.

“(a) The Administrator of the Environmental Protection Agency (hereinafter re-

ferred to as the ‘Administrator’) shall increase the number of criminal investigators

assigned to the Office of Criminal Investigations by such numbers as may be neces-

sary to assure that the number of criminal investigators assigned to the office—

“(1) for the period October 1, 1991, through September 30, 1992, is not less

than 72;

“(2) for the period October 1, 1992, through September 30, 1993, is not less

than 110;

“(3) for the period October 1, 1993, through September 30, 1994, is not less

than 123;

“(4) for the period October 1, 1994, through September 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 Adminis-

trator shall, during each such fiscal year, provide increasing numbers of additional

support staff to the Office of Criminal Investigations.

“(c)The head of the Office of Criminal Investigations shall be a position in the com-

petitive service as defined in 2102 of title 5 U.S.C. or a career reserve position as de-

finedin 3132(A) of title 5 U.S.C. and the head of such office shall report directly, with-

out intervening review or approval, to the Assistant Administrator for Enforcement.

“SEC. 203. CIVIL INVESTIGATORS.

“The Administrator,as soon as practicable following the date of the enactment of

thisAct [Nov. 16, 1990], but no later than September 30, 1991, shall increase by fifty

the number of civil investigators assigned to assist the Office of Enforcement in de-

veloping and prosecuting 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 Officeof Enforcement the National Enforcement Training

Institute.It shall be the function of the Institute, among others, to train Federal, State,

and local lawyers, 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 authorized to be appropriated to the Environmental Protection

Agency $13,000,000 for fiscal year 1991, $18,000,000 for fiscal year 1992,

$20,000,000for fiscal year 1993, $26,000,000 for fiscal year 1994, and $33,000,000

for fiscal year 1995.”