ENVIRONMENTAL PROTECTION AGENCY
BASIC DOCUMENTS CONCERNING
FEDERAL PROGRAMS TO CONTROL
ENVIRONMENTAL POLLUTION FROM
FEDERAL GOVERNMENT ACTIVITIES
FEDERAL ACTIVITIES
FEBRUARY 1975
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INTRODUCTION
The President and Congress have made a substantial
commitment to clean up the Federal Government's installations
and to ensure that its own multivariate activities do not
imperil the environment.
A handbook on this subject was prepared by the Office
of Federal Activities, Environmental Protection Agency, in
1972.
This 1975 revised handbook contains a compilation of
documents dealing with Federal programs to control environ-
mental pollution from Federal Government activities. This
compilation of Legislation, Presidential Executive Orders,
and Office of Management and Budget Circulars and Bulletins,
falls into 12 categories:
(1) Mandates Administered by the Environmental
Protection Agency (EPA)
(2) Mandates Administered by other Federal
Agencies
(3) Air
(4) Cultural Preservation
(5) Environmental Impact Statements (EIS's)
(6) General Environmental Considerations
(7) Noise
(8) Pesticides
(9) Radiation
(10) Solid Wastes
(11) Water
(12) Wildlife and Resources Preservation
The first two categories contain a complete listing of
the documents in this handbook, identified by both Title and
United States Code or Code of Federal Regulations number, as
appropriate. The remaining ten categories list the documents
by title and relevant sections only.
U.S. Environmental Protection Agency
Region V, Library
230 South Dearborn Street *'
Chicago, Illinois 60604 ,
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This compilation is not intended to be an exhaustive
catalog of the legal authorities for the Federal Government's
internal environmental protection programs, but rather a handy
reference for those who work with such programs on a daily
basis.
EPA would be happy to receive suggestions for improvements
to this handbook. Please send any comments to:
Office of Federal Activities
Environmental Protection Agency
Room 537, West Tower
4th and M Streets, S.W.
Washington, D.C. 20460
Sheldon Meyers
Director
Office of Federal Activities
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TABLE OF CONTENTS
(1) Mandates Administered by EPA:
Clean Air Act of 1970 (42 U.S.C. §1857 et seq.) 1
Executive Orders:
11738 (3 CFR), 1974 4
11752 (3 CFR), 1974 7
Federal Insecticide, Fungicide, and Rodenticide Act 12
of 1972 (7 U.S.C. §136 et seq.)
Federal Water Pollution Control Act of 1972 (as 13
amended) (33 U.S.C. §1151 et seq.)
Marine Protection, Research, and Sanctuaries Act of 24
(33 U.S.C. §1401 et seq.)
Noise Control Act of 1972 (42 U.S.C. §1858 et seq.) 30
Solid Waste Disposal Act of 1965 (as amended) 31
(42 U.S.C. §3254 et seq.)
Safe Drinking Water Act of 1974 (42 U.S.C. §300 33
et seq.)
(2) Mandates Administered by Other Federal Agencies:
Airport and Airway Development Act of 1970 34
(49 U.S.C. §1712, 1716)
Council on Environmental Quality (CEQ) Guidelines 37
for Federal Agencies under NEPA (40 CFR 1500)
Department of Transportation Act of 1966 (49 U.S.C. 52
§1653)
Executive Orders:
11296 (3 CFR), 1974 53
11514 (3 CFR), 1974 55
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Page
11593 (3 CFR), 1971 59
Federal Aid Highway Act of 1970 (23 U.S.C. §109) 62
Military Construction Authorization Act (42 U.S.C. 63
§1594)
National Environmental Policy Act of 1969 (42 U.S.C. 64
§4321 et seg.)
National Historic Preservation Act of 1966 (16 U.S.C. 71
§470)
Office of Management and Budget Circulars and
Bulletins:
A-95 72
72-6 121
A-106 (with EPA Guideline regarding 126
implementation)
Reservoir Salvage Act of 1960 (16 U.S.C. §469) 160
River and Harbor Act of 1899 (33 U.S.C. §403) 162
(3) Air
Airport and Airway Development of 1970:
Section 16 35
Clean Air Act of 1970:
Section 118 1
Section 306 2
Section 309 3
E. 0. 11738 4
E. O. 11752 7
(4) Cultural Preservation
E. 0. 11593 59
11
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Page
National Historic Preservation Act of 1966:
Section 106 71
Reservoir Salvage Act of 1960:
Section 469 160
(5) Environmental Impact Statements;
Clean Air Act of 1970:
Section 309 3
Council on Environmental Quality
(CEQ) Guidelines 37
National Environmental Policy Act *
(NEPA) of 1969 64
OMB 72-6 121
(6) General
Airport and Airway Development Act of 1970:
Section 12 34
Section 16 35
Department of Transportation Act of 1966:
Section 4 (f) 52
Clean Air Act of 1970:
Section 309 3
Federal Aid Highway Act of 1970:
Section 136 62
E. 0. 11514 55
E. 0. 11752 7
111
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Page
OMB Circular A-106 126
NEPA 64
OMB A-95 72
(7) Noise
Federal Aid Highway Act of 1970:
Section 136 (i) 62
Noise Control Act of 1972:
Section 4 30
E. 0. 11752 7
(8) Pesticides
Federal Insecticide, Fungicide, and
Rodenticide Act of 1972:
Section 4(a) (1) 12
Section 18 12
Section 19(b) 12
E. 0. 11752 7
(9) Radiation
E. 0. 11752 7
(10) Solid Waste
Federal Water Pollution Control Act of 1972:
Section 404 22
Marine Protection, Research, and Sanctuaries
Act of 1972:
Section 101 24
Section 102 25
IV
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Page
Section 103 26
Section 104 27
Section 106 28
Section 108 28
Solid Waste Disposal Act of 1965:
Section 209 31
Section 211 32
E. 0. 11752 7
(11) Water
Airport and Airway DevelopmentAct of 1970:
Section 16 35
E. 0. 11296 53
E. 0. 11738 4
E. 0. 11752 7
Federal Water Pollution Control Act of 1972:
Section 307 13
Section 313 14
Section 401 15
Section 402 18
Section 404 22
Section 508 22
Section 511 23
Marine Protection, Research, and Sanctuaries
Act of 1972:
v
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Section 101 24
Military Construction Authorization Act:
Section 807 63
River and Harbor Act of 1899:
Section 10 162
Safe Drinking Water Act of 1974:
Section 1447 33
(12) Wildlife and Resources Preservation
Department of Transportation Act of 1966:
Section 4 (f) 52
Federal Aid Highway Act of 1970:
Section 136 62
Marine Protection, Research, and Sanctuaries
Act of 1972:
Section 301 29
Section 302 29
Military Construction Authorization Act:
Section 807 63
River and Harbor Act of 1899:
Section 10 162
VI
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CLEAN AIR ACT
Section 118
CONTROL OF POLLUTION FROM FEDERAL FACILITIES
"SEC. 118. Each department, agency, and instrumentality of the
executive, legislative, and judicial branches of the Federal Gov-
ernment (1) having jurisdiction over any property or facility, or
(2) engaged in any activity resulting, or which may result, in the
discharge of air pollutants, shall comply with Federal, State, in-
terstate, and local requirements respecting control and abatement
of air pollution to the same extent that any person is subject to
such requirements. The President may exempt any emission
source of any department, agency, or instrumentality in the execu-
tive branch from compliance with such a requirement if he deter-
mines it to be in the paramount interest of the United States to do
so, except that no exemption may be granted from section 111,
and an exemption from section 112 may be granted only in accord-
ance with section 112 (c). No such exemption shall be granted due
to lack of appropriation unless the President shall have specifically
requested such appropriation as a part of the budgetary process
and the Congress shall have failed to make available such re-
quested appropriation. Any exemption shall be for a period not in
excess of one year, but additional exemptions may be granted for
periods not to exceed one year upon the President's making a
new determination. The President shall report each January to
the Congress all exemptions from the requirements of this section
granted during the preceding calendar year, together with his
reason for granting each such exemption.
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CLEAN AIR ACT
Section 306
FEDERAL PROCUREMENT
"SEC. 306. (a) No Federal agency may enter into any contract
with any person who is convicted of anv offense under section
113 (c) (1) for the procurement of goods, materials, and services
to perform such contract at any facility at which the violation
which gave rise to such conviction occurred if such facility is
owned, leased, or supervised by such person. The prohibition in
the preceding sentence shall continue until the Administrator
certifies that the condition giving rise to such a conviction has
been corrected.
"(b) The Administrator shall establish procedures to provide
all Federal agencies with the notification necessary for the pur-
poses of subsection (a).
"(c) In order to implement the purposes and policy of this Act
to protect and enhance the quality of the Nation's air, the Presi-
dent shall, not more than 180 days after enactment of the Clean
Air Act Amendments of 1970 cause to be issued an order (1) requir-
ing each Federal agency authorized to enter into contracts and
each Federal agency which is empowered to extend Federal as-
sistance by way of grant, loan, or contract to effectuate the pur-
pose and policy of this Act in such contracting or assistance
activities, and (2) setting forth procedures, sanctions, penalties,
and such other provisions, as the President determines necessary
to carry out such requirement.
" (d) The President may exempt any contract, loan, or grant
from all or part of the provisions of this section where he deter-
mines such exemption is necessary in the paramount interest of
the United States and he shall notify the Congress of such
exemption.
" (e) The President shall annually report to the Congress on
measures taken toward implementing the purpose and intent of
this section, including but not limited to the progress and prob-
lems associated with implementation of this section.
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CLEAN AIR ACT
Section 309
POLICY REVIEW
"SEC. 309. (a) The Administrator shall review and comment in
writing on the environmental impact of any matter relating to
duties and responsibilities granted pursuant to this Act or other
provisions of the authority of the Administrator, contained in any
(1) legislation proposed by any Federal department or agency,
(2) newly authorized Federal projects for construction and any
major Federal agency action other than a project for construction
to which section 102(2) (C) of Public Law 91-190 applies, and
(3) proposed regulations published by any department or agency
of the Federal Government. Such written comment shall be made
public at the conclusion of any such review.
" (b) In the event the Administrator determines that any such
legislation, action, or regulation is unsatisfactory from the stand-
point of public health or welfare or environmental quality, he
shall publish his determination and the matter shall be referred
to the Council on Environmental Quality.
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25161
Title 3—The President
EXECUTIVE ORDER 11738
Providing lor Administration of the Clean Air Ai;t and ;ae Federal
Water Pollution Control Act With Respect to federal Contracts,
Grants, or Loans
By virtue of the authority vested in me by the provisions of the Clean
Air Act, as amended (42 U.S.C. 1857 et seq.), particularly section 306
of that Ace as added by the Clean Air Amendments of 1970 < Public Law
91-604), and the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.), particularly section 508 of that Act as added by the Federal-'
Water Pollution Control Act Amendments of 1972 (Public Law
92-500), it is hereby ordered as follows:
SECTION 1. Policy. It is the policy of the Federal Government to im-
prove and enhance environmental quality. In furtherance of that policy,
the program prescribed in this Order is instituted to assure that each
Federal agency empowered to enter into contracts for the procurement
of goods, materials, or sendees and each Federal agency empowered to
extend Federal assistance by way of grant, loan, or contract shall under-
take such procurement and assistance activities in a manner that will
result in effective enforcement of the Clean Air Act (hereinafter referred
to as "the Air Act") and the Federal Water Pollution Control Act
(hereinafter referred to as "the Water Act").
SEC. 2. Designation of Facilities, (a) The Administrator of the Envi-
ronmental Protection Agency (hereinafter referred to as "the
Administrator") shall be responsible for the attainment of the purposes
and objectives of this Order.
(b) In carrying out his responsibilities under this Order, the Admin-
istrator shall, in conformity with all applicable requirements of law,
designate facilities which have given rise to a conviction for an offense
under section 113 (c) (1) of the Air Act or section 309(c) of the Water
Act. The Administrator shall, from time to time, publish and circulate
to all Federal agencies lists of those facilities, together with the names
and addresses of the persons who have been convicted of such offenses.
Whenever the Administrator determines that the condition which gave
rise to a conviction has been corrected, he ^hall promptly remove the
facility and the name and address of the person concerned from the list.
SEC. 3. Contracts. Grants, or Loans, (a) Except as provided in section
8 of this Order, no Federal agency shall enter inco any contract for the
procurement of goods, materials, or sen-ices which is to be performed in
JFEDSRAL 'IS-GISTES, VOL 3 t, NO. 176—WEDNESDAY, SEPTEM9E* 17, 1973
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2C162 THE PRESIDENT
whole or in part in a facility then dciign;,ted by the Administrator
"jursuaru :osertion2.
(b) Except as provided in section 8 of this Order, no Federal agency
authorized to extend Federal assistance by Vvay of giant, loan, or contract
shall extend such assistance in any case in v\hScb it is to be used to support
any activity or program involving the use of a facility then designated
by the Administrator pursuant to section 2.
SEC. 4. Procvicment, Grant, and Loan Regulation.1:. The Federal
Procurement Regulations, the Armed Services Procurement Regulations,
and, to the extent necessary, any supplemental or comparable regulations
issued b\ apv agency of ihe Executive Branch shall, foiiowii,:' consul:.-. -
tion with the Administrator, be amended to require, as a condition of
entering into, renewing, or extending an)' contract for the procurement
of goods, materials, or services or extending any assistance by way of
grant, loan, or contract, inclusion of a provision requiring compliance
with the Air Act, the Water Act, and standards issued pursuant thereto
in the facilities in which the contract is to be performed, or which are
involved in the activity or program to receive assistance.
SEC. 5. Rules and Regulations. The Administrator shall issue such
rules, regulations, standards, and guidelines as he may deem necessary
or appropriate to carryoul the purposes of this Order.
SEC. 6. Cooperation and Assistance. The head of each Federal agency
shall take such steps as may be necessary to insure that all officers and
employees of his agency whose duties entail compliance or comparable
functions with respect to contracts, grants, and loans are familiar with
the provisions of this Order. In addition to any other appropriate action,
such officers and employees shall report promptly any condition in a
facility which may involve noncompliance with the Air Act or the Water
Act or any rules, regulations, standards, or guidelines issued pursuant to
this Order to the head of the agency, who shall transmit such reports to
the Administrator.
SEC. 7. Enforcement. The Administrator may recommend to the
Department of Justice or other appropriate agency that legal proceedings
be brought or other appropriate action be taken whenever he become;
aware of a breach of any provision required, under the amendments
issued pursuant to section 4 of this Order, to be included in a contract
or other agreement.
SEC. 8. Exemptions—Reports to Congress, (a) Upon a determination
that the paramount interest of the United States so requires—
(1) The head of a Federal agency may exempt any contract, grant,
or loan, and, following consultation with tiie Administrator, any class
of contract:, grants c-v Joans from the provision- of th'j C>J>_'. r :.~\
such case, tne head of the FeaeraJ agencx granting suc:i exemjmcj; si.-'.
(A) promptly notify the Administrator of such exemption and the justi-
fication therefor: (B) review the necessity for each such exemption
annually; and (C) report to the Administrator annually all such exemp-
tions in effect. Exemptions granted pursuant to this section shall be for
a period not to exceed one year. Additional exemptions may be granted
FEDERAL REGISTER, VOL. 36, NO. 176—WEDNESDAY, SEPTEMBER 12, 1973
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THE PSESIDSNT 25163
for periods not to exceed one year upon the making of a new
determination by the head of the Federal agency concerned.
(2) The Administrator may, by rule or regulation, exempt any or
nli Federal agencies from any or all ot the provisions of this Order with
respect to any class or classes of contracts, grants, or loans, which (A)
involve less than specified dollar amounts, or (B) have a minimal
;> .•'•:n'.:::! 'n;pa."f •ipi.,.; the ,ir,ironrrieri.t, i:c { C] i;ivol\e persons who are
-; ,. ~"i"V -.!'.••• i./'Tv < : •i'-'Ct i-.Tyicru; if ''"•-'lor il ^ •-'>:•. i:x\: \>\ v,a/
(b) Federal agencies shall reconsider any exemption granted under
subsection (a) whenever requested to do so by the Administrator.
(c) The Administrator shall annually notify the President and the
Congress of all exemptions granted, or in effect, under this Order during
the preceding year.
SEC. 9. Related Actions. The imposition of any sanction or penalty
under or pursuant to this Order shall not relieve any person of any legal
duty to comply with any provisions of the Air Act or the Water Ace.
SEC. 10. Applicability. This Order shall not apply to contracts, grants,
or loans involving the use of facilities located outside the United States.
SEC. 11. Uniformity. Rules, regulations, standards, and guidelines
issued pursuant to this order and section 508 of the Water Act shall, to
the maximum extent feasible, be uniform with regulations issued pur-
suant to this order, Executive Order No. 11602 of June 29, 1971, and
section 306 of the Air Act.
SEC. 12. Order Superseded. Executive Order No. 11602 of June 29,
1971, is hereby superseded.
THE WHITE HOUSE,
September 10, 1973.
[FR Doc.73-19498 Filed 9-10-73; 4:35 pm]
^j a FSDSRAi. SEGiSTHS, VOL 33, NO. 176—WEDNESDAY, S2P7eMB;« 12, 7973
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Presidential Documents
Title 3—The President
EXECUTIVE ORDER 11752
Prevention, Control, and Abatement of Environmental Pollution at
Federal Facilities
By virtue of the authority vested in me as President of the United
States of,America, including section 301 of title 3 of the United States
Code, and in furtherance of the purpose and policies of the -Clean Air
Act, as amended (42 U.S.C. 1857), the Federal Water Pollution Control
Act, as amended (33 U.S.C. 1251), the Solid Waste Disposal Act, as
amended (42 U.S.C. 3251), the Noise Control Act of 1972 (42 U.S.C.
4901), the Marine Protection, Research, and Sanctuaries Act of 1972
(16 U.S.C. 1431), the Federal Insecticide, Fungicide, and Rodenticide
Act, as amended by the Federal Environmental Pesticide Control Act of
1972 (7 U.S.C. 136), and the National Environmental Policy Act of
1969 (42 U.S.C. 4321), it is ordered as follows:
SECTION 1. Policy. It is the purpose of this order to assure that the
Federal Government, in the design, construction, management, opera-
tion, and maintenance of its facilities, shall provide leadership in the
nationwide effort to protect and enhance'the quality of our air, water,
and land resources through compliance with applicable standards for
the prevention, control, and abatement of environmental pollution in
full cooperation with State and local governments. Compliance by Fed-
eral facilities with Federal, State, interstate, and local substantive stand-
ards and substantive limitations, to the same extent that any person is
subject to such standards and limitations, will accomplish the objective
of providing Federal leadership and cooperation in the prevention of
environmental pollution. In light of the principle of Federal supremacy
embodied in the Constitution, this order is not intended, nor should it
be interpreted, to require Federal facilities to comply with State or local
administrative procedures with respect to pollution abatement and con-
trol.
SEC. 2. Definitions. As used in this order:
(1) The term "Administrator" means the Administrator of the En-
vironmental Protection Agency.
(2) The term "Federal agencies" means the departments, agencies,
establishments, and instrumentalities of the executive branch.
(3) The term "State, interstate, and local agencies" means any of the
following:
(A) a State agency designated by the Governor of that State as an
official State agency responsible for enforcing State and local laws re-
FEDERAL REGISTER, VOL 38, NO. 243—WEDNESDAY, DECEMBER 19, 1973
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THE PRESIDENT
lating to the prevention, control, and abatement of environmental pol-
lution;
(B) any agency established by two or more States and having substan-
tial powers or duties pertaining to the prevention, control, and abatement
of environmental pollution;
(C) a dfy, county, or other local government authority charged with
responsibiL v for enforcing ordinances or laws relating to the prevention,
control, and abatement of environmental pollution; or
(D) an agency of two or more municipalities located in the same State
or in different States and having substantial powers or duties pertaining
to the prevention, control, and abatement of environmental pollution.
(4) The term "facilities" means the buildings, installations, struc-
tures, land, public works, equipment, aircraft, vessels, and other vehicles
and property, owned by, or constructed or manufactured for the pur-
pose of leasing to, the Federal Government.
(5) The term "United States" means the fifty States, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,
Guam, \;nerican Samoa, and the Trust Territory of the Pacific Islands.
SEC. 3. Responsibilities, (a) Heads of Federal agencies shall, with re-
gard to all facilities under their jurisdiction in the United States:
(1) Ensure that applicable standards specified in section 4 of this
order are met on a continuing basis.
(2) Cooperate with the Administrator and State, interstate, and local
agencies in the prevention, control, and abatement of environmental pol-
lution and, in accordance with guidelines issued by the Administrator,
provide to the Administrator and to those agencies such information as
is necessary to determine compliance with applicable standards. Such
cooperation shall include development of an abatement plan and schedule
.for meeting applicable standards.
(3) Present to the Director of the Office of Management and Budget,
annually, a plan to provide for such improvement in the design, construc-
tion, management, operation, and maintenance of existing facilities as
may be necessary to meet applicable standards specified in section 4.
(4) Consider the environmental impact in the initial stages of plan-
ning for each new facility or modification to an existing facility in accord-
ance with the National Environmental Policy Act.
(5) Include with all budget requests for the design and construction
of new facilities or for modification of existing facilities funds for such
measures as may be necessary to meet applicable standards specified in
section 4. Budget requests shall reflect the most efficient alternative for
meeting applicable standards.
(6) Consult, as appropriate, with the Administrator and with State
and local agencies concerning the best techniques and methods available
for the prevention, control, and abatement of environmental pollution.
RDERAL REGISTER, VOL. 38, NO. 243—WEDNESDAY, DECEMBER 19, 1973
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THE PRESIDENT
(7) Ensure that any funds appropriated and apportioned for the pre-
vention, control, and abatement of environmental pollution are not used
for any other purpose unless permitted by law and unless specifically ap-.
proved by the Office of Management and Budget.
(b) Where activities are carried out at Federal facilities acquired by
leasing or other Federal agreements, the head of the responsible agency
may at his discretion, to the extent permissible under applicable statutes
and regulations, require the lessee or permittee to assume full responsibil-
ity for complying with standards for the prevention, control, and abate-
ment of environmental pollution.
(c) Heads of Federal agencies responsible for the construction and
operation of Federal facilities outside the United States shall assure that
such facilities are operated so as to comply with the environmental pol-
lution standards of general applicability in the host country or jurisdic-
tions concerned.
(d) The Administrator shall:
'(1) Provide technical advice and assistance to the heads of Federal
agencies in connection with their duties and responsibilities under this
order.
(2) Maintain such review of Federal facilities' compliance with the
standards specified in section 4 as may be necessary.
(3) Provide liaison as required to assure that actions taken by Federal
agencies pursuant-to this order are coordinated with State, interstate, and
local programs for the prevention, control, and abatement of environ-
mental pollution.
(4) Mediate conflicts between Federal agencies and State, interstate,
or local agencies in matters affecting the application of, or compliance
with, applicable standards specified in section 4.
(5) Develop in "consultation with the heads of other Federal agencies
a coordinated strategy for Federal facility compliance with applicable
standards specified in section 4 which incorporates, to the maximum
extent practicable, common procedures for an integrated approach to
Federal agency compliance with such standards, and issue such regula-
tions and guidelines as are deemed necessary to facilitate implementation
of that strategy and to provide a framework for coordination and coop-
eration among the Environmental Protection Agency, the*other Federal
agencies, and the State, interstate, and local agencies.
(6) Maintain a continuing review of the implementation of this order
and, from time to time, report to the President on the progress of the
Federal agencies in implementing this order.
SEC. 4. Standards, (a) Heads of Federal agencies shall ensure that all
facilities under their jurisdiction are designed, constructed, managed, op-
erated, and maintained so as to conform to the following requirements:
(1) Federal, State? interstate, and local air quality standards and
emission limitations adopted in accordance with or effective under the
provisions of the Clean Air Art, as amended.
FEDERAL REGISTER, VOL. 38, NO. 243—WEDNESDAY, DECEMBER 19, 1973
No. 243 2
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THE PRESIDENT
(2) Federal, State, interstate, and local water quality standards and
effluent limitations respecting the discharge or runoff of pollutants
adopted in accordance with or effective under the provisions of the Fed-
eral Water Pollution Control Act, as amended.
(3) Federal regulations and guidelines respecting dumping of ma-
terial into ocean waters adopted in accordance with the Marine Protec-
tion, Research, and Sanctuaries Act of 1972, and the Federal Water Pol-
lution Control Act, as amended.
(4) Guidelines for solid waste recovery, collection, storage, separation,
and disposal systems issued by the Administrator pursuant to the Solid
Waste Disposal Act, as amended.
(5) Federal noise emission standards for products adopted in accord-
ance with provisions of the Noise Control Act of 1972 and State, inter-
state, and local standards for control and abatement of environmental
noise.
(6) Federal guidance on radiation and generally applicable environ-
mental radiation standards promulgated or recommended by the Admin-
istrator and adopted in accordance with the Atomic Energy Act, as
amended (42 U.S.C. 2011), and rules, regulations, requirements, and
guidelines on discharges of radioactivity as prescribed by the Atomic
Energy Commission.
(7) Federal regulations and guidelines respecting manufacture,
transportation, purchase, use, storage, and disposal of pesticides promul-
gated pursuant to the provisions of the Federal Insecticide, Fungicide,
and Rodenticide Act, as amended by the Federal Environmental Pesti-
cide Control Act of 1972.
(b) In those cases in which there are no environmental pollution
standards as specified in subsection (a) for a particular geographic area
or class of Federal facilities, the Administrator, in consultation with ap-
propriate Federal, State, interstate, and local agencies, may issue regula-
tions, which shall be published in the FEDERAL REGISTER, establishing
environmental pollution standards for the purpose of this order.
SEC. 5. Exemptions, (a) The heads of Federal agencies, in consulta-
tion with the Administrator, may, from time to time, identify facilities or
uses thereof which are exempted from applicable standards specified in
section 4 in the interest of national security or in extraordinary cases in
which it is in the paramount interest of the United States. No such
exemptions shall be made except as are permissible under applicable
Federal law.
(b) In any case in which the Administrator does not agree with a
determination to exempt a facility or use thereof from the provisions of
this order, the head of the Federal agency making si;ch a determination
must have the approval of the Director of the Office of Management
and Budget to exempt that facility or use thereof; except that, the Ad-
ministrator is solely responsible for approval of exemptions under section
18 of the Federal Insecticide, Fungicide, and Rodenticide Act, as
amended by the Federal Environmental Pesticide Control Act of 1972.
FEDERAL REGISTER, VOL. 38, NO. 243—WEDNESDAY, DECEMBER !«, 1973
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THE PRESIDENT
(c) The heads of Federal agencies shall present to the Director of the
Office of Management and Budget at the end of each calendar year a
report of all exemptions made during that year, together with the justi-
fication for each such exemption.
SEC. 6. Saving Provisions. Except to the extent that they are incon-
sistent with this order, all outstanding rules, regulations, .orders, delega-
tions, or other forms of administrative action issued, made, or otherwise
taken under the order superseded by Section 7 hereof or relating to the
subject of this order shall remain in full force and effect 'until amended,
modified, or terminated by proper authority.
SEC. 7. Order Superseded. Executive Order No. 11507 of February 4,
1970, is hereby superseded.
THE WHITE HOUSE,
December 17, 1973.
[FRDoc.73-26869 Filed 12-17-73;12:45pm]
FEDERAL REGISTER, VOL 38, NO. 243—WEDNESDAY, DECEMBER 19, 1973
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FEDERAL INSECTICIDE, FUNGICIDE, AND RODENTICIDE
ACT of 1972
Sections 4(a)(l), 18, and 19(b)
"SEC. 4. USE OF RESTRICTED USE PESTICIDES; CERTIFIED APPLI-
CATORS.
"(a) CERTIFICATION PROCEDURE.—
"(1) FEDERAL CERTIFICATION.—Subject to paragraph (2), the
Administrator shall prescribe standards for the certification of
applicators of pesticides. Such standards shall provide that to be
certified, an individual must be determined to be competent with
respect to the use and handling of pesticides, or to the use and
handling of the pesticide or class of pesticides covered by such
individual's certification.
"SEC. 18. EXEMPTION OF FEDERAL AGENCIES.
"The Administrator may, at his discretion, exempt any Federal or
State agency from any provision of this Act if he determines that
emergency conditions exist which require such exemption.
"SEC. 19. DISPOSAL AND TRANSPORTATION.
" (a) PrtocEnrRES.—The Administrator shall, after consultation with
other interested Federal agencies, establish procedures and regula-
tions for the disposal or storage of packages and containers of pesti-
cides and for disposal or storage of excess amounts of such pesticides,
and accept at convenient locations for safe disposal a pesticide the
registration of which is canceled under section 6(c) if requested by the
owner of the pesticide.
" (b) ADVICE TO SECRETARY OF TRANSPORTATION.—The Administrator
shall provide advice and assistance to the Secretary of Transporta-
tion with respect to his functions relating to the transportation of
hazardous materials under the Department of Transportation Act (49
U.S.C. 1657), the Transportation of Explosives Act (18 U.S.C.
831-835), the Federal Aviation Act of 1958 (49 U.S.C. 1421-1430,
1472 H), and the Hazardous Cargo Act (46 U.S.C. 170, 375,416).
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FEDERAL WATER POLLUTION CONTROL ACT of 1972
(PWPCA)
Section 307
"TOXIC AND PRETREATMENT EFFLUENT STANDARDS
"SEC. 307. (a) (1) The Administrator shall, within ninety days after
the date of enactment of this title, publish (and from time to time
thereafter revised a list which includes any toxic pollutant or combina-
tion of such pollutants for which an effluent standard (which may
include a prohibition of the discharge of such pollutants or combina-
tion of such pollutants) will be established under this section. The
Administrator in publishing such list shall take into account the toxic-
ity of the pollutant, its persistence, degradability, the usual or potential
presence of the affected organisms in any waters, the importance of
the affected organisms and the nature and extent of the effect of the
toxic pollutant on such organisms.
"(2) Within one hundred and eighty days after the date of pub-
lication of any list, or revision thereof, containing toxic pollutants or
combination of pollutants under paragraph (1) of this subsection, the
Administrator, in accordance with section 553 of title 5 of the United
States Code, shall publish a proposed effluent standard (or a prohibi-
tion) for such pollutant or combination of pollutants which shall take
into account the toxicity of the pollutant, its persistence, degradability,
the usual or potential presence of the affected organisms in any
waters, t)"» importance of the affected organisms and the nature and
extent 01 ine effect of the toxic pollutant on such organisms, and he
shall publish a notice for a public hearing on such proposed standard
to be held within thirty days. As soon as possible after such hearing,
but not later than six months after publication of the proposed effluent
standard (or prohibition), unless the Administrator finds, on the
record, that a modification of such proposed standard (or prohibition)
is justified based upon a preponderance of evidence adduced at such
hearings, such standard (or prohibition) shall be promulgated.
"(3) If after a public hearing the Administrator finds that a modi-
fication of such proposed standard (or prohibition) is justified, a
revised effluent standard (or prohibition) for such pollutant or com-
bination of pollutants shall be promulgated immediately. Such stand-
ard (or prohibition) shall be reviewed and, if appropriate, revised at
least every three years.
"(4) Any effluent standard promulgated under this section shall be
at that level which the Administrator determines provides an ample
margin of safety.
"(5) When proposing or promulgating any effluent standard (or
prohibition) under this section, the Administrator shall designate the
category or categories of sources to which the effluent standard (or
prohibition) shall apply. Any disposal of dredged material may be
included in such a category of sources after consultation with the
Secretary of the Army.
"(6) Any effluent standard (or prohibition) established pursuant to
this section shall take effect on such date or dates as specified in the
order promulgating such standard, but in no case more than one year
from the date of such promulgation.
"(7) Prior to publishing any regulations pursuant to this section
the Administrator shall, to the maximum extent practicable within
the time provided, consult with appropriate advisory committees,
States, independent experts, and Federal departments*and agencies.
"(b)(l) The Administrator shall, within one hundred and eighty
days after the date of enactment of this title and from time to time
thereafter, publish proposed regulations establishing pretreatment
standards for introduction of pollutants into treatment works (as
defined in section 212 of this Act) which are publicly owned for those
pollutants which are determined not to be susceptible to treatment by
such treatment works or which would interfere with the operation of
such treatment works. Not later than ninety days after such publica-
tion, and after opportunity for public hearing, the Administrator shall
promulgate such pretreatment standards. Pretreatment standards
under this subsection shall specify a time for compliance not to exceed
three years from the date of promulgation and shall be established to
prevent the discharge of any pollutant through treatment works (as
defined in section 212 of this Act) which are publicly owned, which
pollutant interferes with, passes through, or otherwise is incompatible
with such works.
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FWPCA
Section 313
"(2) The Administrator shall, from time to time, as control tech-
nology, processes, operating methods, or other alternatives change,
revise such standards following the procedure established by this sub-
section for promulgation of such standards.
"(3) When proposing or promulgating any pretreatment standard
under this section, the Administrator shall designate the category or
categories of sources to which such standard shall apply.
"(4) Nothing in this subsection shall affect any pretreatment
requirement established by any State or local law not in conflict with
any pretreatment standard established under this subsection.
"(c) In order to insure that any source introducing pollutants into a
publicly owned treatment works, which source would be a new source
subject to section 306 if it were to discharge pollutants, will not cause a
violation of the effluent limitations established for any such treatment
works, the Administrator shall promulgate pretreatment standards for
the category of such sources simultaneously with the promulgation of
standards of performance under section 306 for the equivalent category
of. new sources. Such pretreatment standards shall prevent the dis-
charge of any pollutant into such treatment works, which pollutant
may interfere with, pass through, or otherwise be incompatible with
such works.
"(d) After the effective date of any effluent standard or prohibition
or pretreatment standard promulgated under this section, it shall be
unlawful for any owner or operator of any source to operate any source
in violation of any such effluent standard or prohibition or pretreat-
ment standard.
"FEDERAL FACILITIES POLLUTION CONTROL
"SEC. 313. Each department, agency, or instrumentality of the execu-
tive, legislative, and judicial branches of the Federal Government (1)
having jurisdiction over any property or facility, or (2) engaged in
any activity resulting, or which may result, in the discharge or run-
otf of pollutants shall comply with Federal, State, interstate, and
local requirements respecting control and abatement of pollution to
the same extent that any person is subject to such requirements,
including the payment of reasonable service charges. The President
may exempt any effluent source of any department, agency, or instru-
mentality in the executive branch from compliance with any such a
requirement if he determines it to be in the paramount interest of the
United States to do so; except that no exemption may be granted from
the requirements of section 306 or 307 of this Act. No such exemptions
shall be granted due to lack of appropriation unless the President
shall have specifically requested such appropriation as a part of the
budgetary process and the Congress shall have failed to make avail-
able such requested appropriation. Any exemption shall be for a period
not in excess of one year, but additional exemptions may be granted
for periods of not to exceed one year upon the President's making a
new determination. The President shall report each January to the
Congress all exemptions from the requirements of this section granted
during the preceding calendar year, together with his reason for
granting such exemption.
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FWPCA
Section 401
-TITLE IV—PERMITS AND LICENSES
"SEC. 401. (a) (1) Any applicant for a Federal license or permit to
conduct any activity including, but not limited to, the, construction or
operation of facilities, which may result in any discharge into the
navigable waters, shall provide the licensing or permitting agency a
certification from the State in which the discharge originates or will
originate, or, if appropriate, from the interstate water pollution con-
trol agency having jurisdiction over the navigable waters at the point
where the discharge originates or will originate, that any such dis-
charge will comply with the applicable provisions of sections 301, 302,
306, and 307 of this Act. In the case of any such activity for which
there is not an applicable effluent limitation or other limitation under
sections 301 (b) and 302, and there is not an applicable standard under
sections 306 and 307, the State shall so certify, except that any such
certification shall not be deemed to satisfy section 511 (c) of this
Act. Such State or interstate agency shall establish procedures for
public notice in the case of all applications for certification by it and,
to the extent it deems appropriate, procedures for public hearings in
connection with specific applications. In any ease where a State or
interstate agency has no authority to give such a certification, such
certification shall be from the Administrator. If the State, interstate-
agency, or Administrator, as the case may be, fails or refuses to act
on a request for certification, within a reasonable period of time
(which shall not exceed one year) after receipt of such request, the
certification requirements of this subsection shall be waived with
respect to such Federal application. No license or permit shall be
granted until the certification required by this section has Ix-en
obtained or has been waived as provided in the preceding sentence.
Xo license or permit shall be granted if certification has been denied
by the State, interstate agency, or the Administrator, as the case
may be.
''(2) Upon receipt of such application and certification the licens-
ing or permitting agency shall immediately notify the Administrator
of such application and certification. Whenever such a discharge may
i'ffect, as determined by the Administrator, the, quality of the waters
of any other State, the Administrator within thirty days of the date
of notice of application for such Federal license or permit shall so
notify such other State, the licensing or permitting agency, and the
applicant. If, within sixty days after receipt of such notification, such
other State determines that such discharge will affect the quality of
its waters so as to violate any water quality requirement in such State,
and within such sixty-day period notifies the Administrator and the
licensing or permitting agency in writing of its objection to the issu-
ance of such license or permit and requests a public hearing on such
objection, the licensing or permitting agency shall hold such a hear-
ing. The Administrator shall at such hearing submit his evaluation
and recommendations with respect to any such objection to the licens-
ing or permitting agency. Such agency, based upon the recommenda-
tions of such State, the Administrator, and upon any additional
evidence, if any, presented to the agency at the hearing, shall condition
such license or permit in such manner as may be necessary to insure
compliance with applicable water quality requirements. If the imposi-
tion of conditions cannot insure such compliance such agency shall not
issue such license or permit.
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"(3) The certification obtained pursuant to paragraph (1) of this
subsection with respect to the construction of any facility shall fulfill
the requirements of this subsection with respect to certification in con-
nection with any other Federal license or permit required for the op-
eration of such facility unless, after notice to the certifying State,
agency, or Administrator, as the case may be, which shall be given
by the Federal agency to whom application is made for such operating
license or permit, the State, or if appropriate, the interstate agency or
the Administrator, notifies such agency within sixty days after receipt
of such notice that there is no longer reasonable assurance that
there will be compliance with the applicable provisions of sections
301, 302, 306, and 307 of this Act because of changes since the con-
struction license or permit certification was issued in (A) the con-
struction or operation of the facility, (B) the characteristics of the
waters into which such discharge is made, (C) the water quality
criteria applicable to such waters or (D) applicable effluent limita-
tions or other requirements. This paragraph shall be inapplicable in
any case where the applicant for such operating license or permit has
failed to provide the certifying State, or, if appropriate, the inter-
state agency or the Administrator, with notice of any proposed
changes in the construction or operation of the facility with respect to
which a construction license or permit has been granted, which
changes may result in violation of section 301, 302, 306, or 307 of this
Act,
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"(4) Prior to tin- iniiial operation of any lederally licensed or
poimitted facility or activity which may result in any discharge
into the navigable waters and with respect to which a certification
lias been obtained pursuant to paragraph (1) of this subjection,
which facility or activity is not subject to a Federal operating li-
cense or permit, the licensee or permittee shall provide an oppor-
tunity for such certifying State, or, if appropriate, the inteistate
agency or the Administrator to review the manner in which the
facility or activity shall be operated or conducted for the purposes of
assuring that applicable diluent limitations or other limitations or
other applicable water (jii.ihty requirements \\ ill not be violated. Upon
notification by the certifying St:i(e. or if appropriate, the interstate
agency or the Administrator that the operation of any such federally
licensed or permitted facility or activity \\ill violate applicable eillu-
ent limitations or other limitations or other water quality require-
ments such Federal agency may. after public hearimr. suspend such
license or permit. If such license or permit is suspended, it shall
remain suspended until notification is received from the certifying
State, airency, or Administrator, as the, case may be. that there is
reasonable assurance that such facility or activity will not violate
the applicable provisions of section .'iOl, 30-J. :!()(!, or 307 of this Act.
"(•">) Any Federal license or permit with rcspecf to which a cer-
tification has been obtained under paragraph (1) of this subsection
may be suspended or revoked by the Federal agency issuing such
license or permit upon the entering of a judgment under this Act
that such facility or activity has been operated in violation of the
applicable provisions of section 301, -'J02, 30G, or 307 of this Act.
"\(>) No Federal asiency shall be deemed to be an applicant for
the purposes of this subsection.
"(7) Kxcept with respect to a permit issued under section 402 of
this Act. in any case where actual construction of a facility has been
lawfully commenced prior to April 3. 1070, no certification shall be
required under this subsection for a license or permit issued after
April 3, 1!)70. to operate such facility, except that any such license
or permit issued without certification shall terminate April 3, 1973,
unless prior to such termination date the person having such license
or permit submits to the Federal agency which issued such license
or permit a certification and otherwise meets the requirements of this
section.
"(b) Nothing in this section shall be construed to limit the author-
ity of any department or agency pursuant to any other provision of
law to require compliance with any applicable water quality require-
ments. The Administrator shall, upon the request of any Federal
department or agency, or State or interstate agency, or applicant, pro-
vide, for the purpose of this section, any relevant information on
applicable effluent limitations, or other limitations, standards, regula-
tions, or'requirements, or water quality criteria, and shall, when
requested by any such department or agency or State or intPi-state
agency, or applicant, comment on any methods to comply with such
limitations, standards, regulations, requirements, or criteria.
"(c) In order to implement the provisions of this section, the Secre-
tarv of the Army, acting through the Chief of Engineers, is authorized.
if ho deems it to be in the public interest, to permit the use of spoil
disposal areas under his jurisdiction by Federal licensees or per-
mittees, and to make an appropriate charge for such use. Moneys
received from such licensees or permittees shall be deposited in the
Treasury as miscellaneous receipts.
"(d) Any certification provided under this section shall set forth
any elllnent limitations and other limitations, and monitoring require-
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FWPCA
Section 402
inents necessary to assure that any applicant for a Federal license or
permit will comply with any applicable effluent limitations and other
limitations, under section 301 or 302 of this Act, standard of per-
formance under section 306 of this Act, or prohibition, effluent stand-
ard, or pretreatment standard under section 307 of this Act, and with
any other appropriate requirement of State law set forth in such
certification, and shall become a condition on any Federal license or
permit subject to the provisions of this section.
"NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
"SEC. 402. (a) (1) Except as provided in sections 318 and 404 of this
Act, the Administrator may, after opportunity for public hearing,
issue a permit for the discharge of any pollutant, or combination of
pollutants, notwithstanding section 301 (a), upon condition that such
discharge will meet either all applicable requirements under sections
301, 302. 306, 307, 308. and 403 of this Act, or prior to the taking of
necessary implementing actions relating to all such requirements, such
conditions as the Administrator determines are necessary to carry out
the provisions of this Act.
"(2) The Administrator shall prescribe conditions for such permits
to assure compliance with the requirements of paragraph (1) of this
subsection, including conditions on data and information collection,
reporting, and such other requirements as he deems appropriate.
''(3) The permit program of the Administrator under paragraph
(1) of this subsection, and permits issued thereunder, shall be subject
to the same terms, conditions, and requirements as apply to a State
permit program and permits issued thereunder under subsection (b)
of this section.
"(4) All permits for discharges into the navigable waters issued
pursuant to section 13 of the Act of March 3, 1899, shall be deemed to
be permits issued under this title, and permits issued under this title
shall be deemed to be permits issued under section 13 of the Act of
March 3, 1899, and shall continue in force and effect for their term
unless revoked, modified, or suspended in accordance with the pro-
visions of this Act.
"(5) No permit for a discharge into the navigable waters shall be
issued under section 13 of the Act of March 3, 1899, after the date of
enactment of this title. Each application for a permit under section
13 of the Act of March 3, 1899, pending on the date of enactment of
this Act shall be deemed to be an application for a permit under this
section. The Administrator shall authorize a State, which he deter-
mines has the capability of administering a permit program which
will carry out the objective of this Act, to issue permits for discharges
into the navigable waters within the jurisdiction of such State. The
Administrator may exercise the authority granted him bv the pre-
ceding sentence only during the period which begins on the date of
enactment of this Act and ends either on the ninetieth day after the
date of the first promulgation of guidelines required by section 304
(h) (2) of this Act, or the date of approval by the Administrator of
a permit program for such State under subsection (b) of this sec-
tion, whichever date first occurs, and no such authori/afion to a State
shall extend beyond the last day of such period. Each such permit
shall be subject to such conditions as the Administrator determines
are necessarv to carry out the provisions of this Act. No such permit
shall issue if the Administrator objects to such issuance.
" (b) At any time after the promulgation of the guidelines required
by subsection (h) (2) of section 304 of this Act, the Governor of each
State desiring to administer its own permit program for discharges
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into navigable waters within its jurisdiction may submit to the Admin-
istrator a full and complete description of the program it proposes
to establish and administer under State law or under an interstate
compact. In addition, such State shall submit a statement from the
attorney general (or the attorney for those State water pollution con-
trol agencies which have independent legal counsel), or from the
chief legal officer in the case of an interstate agency, that the laws
of such State, or the interstate compact, as the case may be, provide
adequate authority to carry out the described program. The Admin-
istrator shall approve each such submitted program unless he deter-
mines that adequate authority does not exist:
"(1) To issue permits which—
" (A) apply, and insure compliance with, any applicable require-
ments of sections 301,302,306,307, and 403;
"(B) are for fixed terms not exceeding five years; and
"(C) can be terminated or modified for cause including, but
not limited to, the following:
"(i) violation of any condition of the permit;
"(ii) obtaining a permit by misrepresentation, or failure
to disclose fully all relevant facts;
" (iii) change in any condition that requires either a tempn-
rarv or permanent reduction or elimination of the permitted
discharge;
li(D) control the disposal of pollutants into wells;
"(2) (A) To issue permits which apply, and insure f nmpiiance with,
all applicable requirements of section 308 of this Vf t. or
"(B) To inspect, monitor, enter, and require reports to at least the
same extent as required in section 308 of this Arl;
"(3) To insure that the public, and any ot'ner State the waters of
which may be affected, receive notice of each application for a permit
and to provide an opportunity for public hearing before a ruling on
each such application;
" (4) To insure that the Administrator receives notice of each appli-
cation (including a copy thereof) for a permit;
"(5) To insure that any State (other than the, permitting State),
whose waters may be affected by the issuance of a permit may submit
written recommendations to the permitting State (and the Adminis-
trator) with respect to any permit application and, if any part of
such written recommendations are not accepted by the permitting
State, that the permitting State will notify such affected State (and the
Administrator) in writing of its failure to so accept such recommenda-
tions together with its reasons for so doing;
"(6) To insure that no permit will be issued if, in the judgment
of the Secretary of the Army acting through the Chief of Engineers,
after consultation with the Secretary of the department in which the
Toast Guard is operating, anchorage and navigation of any of the
navigable waters would be substantially impaired thereby;
"(7) To .abate violations of the permit or the permit program,
including civil and criminal penalties and other ways and means of
enforcement;
"(8) To insure that any permit for a discharge from a publicly
owned treatment works includes conditions to require adequate notice
to the permitting agency of (A) new introductions into such works
of pollutants from any source which would be a new source as defined
in section 306 if such source were discharging pollutants, (B) new
introductions of pollutants into such works from a source which would
be subject to section 301 if it were discharging such pollutants, or
(C) a substantial change in volume or character of pollutants being
introduced into such works by a source introducing pollutants into
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such works at the time of issuance of the permit. Such notice shall
include information on the quality and quantity of effluent to be
introduced into such treatment works and any anticipated impact of
such change in the quantity or quality of effluent to be discharged from
sucli publicly owned treatment works; and
"(9) To insure that any industrial user of any publicly owned
treatment works will comply with sections 204(b), 307, and 308.
"(c) (1) Not later than ninety days after the date on which a State
lias submitted a program (or revision thereof) pursuant to subsec-
tion (b) of this section, the Administrator shall suspend the issuance
of permits under subsection (a) of this section as to those navigable
waters subject to such program unless he determines that the State
permit program does not meet the requirements of subsection (b) of
this section or does not conform to the guidelines issued under section
304(h)(2) of this Act. If the Administrator so determines, he shall
notify the State of any revisions or modifications necessary to con-
form to such requirements or guidelines.
"(2) Any State permit program under this section shall at all
times be in accordance with this section and guidelines promulgated
pursuant to section 304(h) (2) of this Act.
"(3) Whenever the Administrator determines after public hearing
that a State is not administering a program approved under this sec-
tion in accordance with requirements of this section, he shall 90 notify
the State and, if appropriate corrective action is not taken within a
reasonable time, not to exceed ninety days, the Administrator shall
withdraw approval of such program. The Administrator shall not
withdraw approval of any such program unless he shall first have
notified the State, and made public, in writing, the reasons for such
withdrawal.
"(d) (1) Eacli State shall transmit to the Administrator a copy of
each permit application received by such State and provide notice to
the Administrator of every action related to the consideration of such
permit application, including each permit proposed to be issued by
such State.
''(2) No permit shall issue (A) if the Administrator within ninety
days of the date of his notification under subsection (b) (5) of this
section objects in writing to the issuance of such permit, or (B) if
the Administrator within ninety days of the date of transmittal of the
proposed permit by the State objects in writing to the issuance of
such permit as being outside the guidelines and requirements of this
Act.
"(3) The Administrator may, as to any permit application, waive
paragraph (2) of this subsection.
"(e) In accordance with guidelines promulgated pursuant to sub-
section (h) (2) of section 304 of this Act, the Administrator is author-
ized to waive the requirements of subsection (d) of this section at
the time he approves a program pursuant to subsection (b) of this
section for any category (including any class, type, or size within such
categoiy) of point sources within the State submitting such program.
"(f) The Administrator shall promulgate regulations establishing
categories of point sources which he determines shall not be subject to
the requirements of subsection (d) of this section in any State with a
program approved pursuant to subsection (b) of this section. The
Administrator may distinguish among classes, types, and sizes within
any category of point sources.
"(g) Any permit issued under this'section for the discharge of pol-
lutants into tne navigable waters from a vessel or other floating craft
shall be subject to any applicable regulations promulgated by the
Secretary of the department in which the Coast Guard is operating,
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establishing specifications for safe transportation, handling, carriage,
storage, and stowage of pollutants.
"(h) In the event any condition of a permit for discharges from a
treatment works (as defined in section 212 of this Act) which is
publicly owned is violated, a State with a program approved under
subsection (b) of this section or the Administrator, where no State
program is approved, may proceed in a court of competent jurisdiction
to restrict or prohibit the introduction of any pollutant into such
treatment works by a source not utilizing such treatment works prior
to the finding that such condition was violated.
"(i) Nothing in this section shall be construed to limit the author-
ity of the Administrator to take action pursuant to section 309 of this
Act.
"(j) A copy of each permit application and each permit issued
under this section shall be available to the public. Sucli permit appli-
cation or permit, or portion thereof, shall further be available on
request for the purpose of reproduction.
" (k) Compliance with a, permit issued pursuant to this section shall
be deemed compliance, for purposes of sections 309 and 505, with sec-
tions 301, 302, 306, 307, and 403. except any standard imposed under
section 307 for a toxic pollutant injurious to human health. Until
December 31,1974, in any case where a permit for discharge has been
applied for pursuant to this section, but final administrative disposition
of such application has not been made, such discharge shall not be a
violation of (1) section 301, 306, or 402 of this Act, or (2) section 13
of the Act of March 3, 1899, unless the Administrator or other plain-
tiff proves that final administrative disposition of such application has
not been made because of the failure of the applicant to furnish infor-
mation reasonably required or requested in order to process the applica-
tion. For the 180-day period beginning on the date of enactment of the
Federal Water Pollution Control Act Amendments of 1972, in tlie case
of any point source discharging any pollutant or combination of pol-
lutants immediately prior to such date of enactment which source is
not subject to section 13 of the Act of March 3, 1899, the discharge by
such source shall not be a violation of this Act if such a source applies
for a permit for discharge pursuant to this section within such 180-day
period.
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FWPCA
Sections 404 and 508
"SEC. 404. (a) The Secretary of the Army, acting through the Chief
of Engineers, may issue permits, after notice and opportunity for
public nearings for the discharge of dredged or fill material into the
navigable waters at specified disposal sites.
"(b) Subject to subsection (c) of this section, each such disposal
site shall be specified for each such permit by the Secretary of the Army
(1) through the application of guidelines developed by the Adminis-
trator, in conjunction with the Secretary of the Army, which guide-
lines shall be based upon criteria comparable to the criteria applicable
to the territorial seas, the contiguous zone, and the ocean under section
403(c), and (2) in any case where such guidelines under clause (1)
alone would prohibit the specification of a site, through the applica-
tion additionally of the economic impact of the site on navigation and
anchorage.
"(c) The Administrator is authorized to prohibit the specification
(including the withdrawal of specification) of any defined area as a
disposal site, and he is authorized to deny or restrict the use of any
defined area for specification (including the withdrawal of specifica-
tion) as a disposal site, whenever he determines, after notice and oppor-
tunity for public hearings, that the discharge of such materials into
such area will have an unacceptable adverse effect on municipal water
supplies, shellfish beds and fishery areas (including spawning and
breeding areas), wildlife, or recreational areas. Before making such
determination, the Administrator shall consult with the Secretary of
the Army. The Administrator shall set forth in writing and make
public his findings and his reasons for making any determination
under this subsection.
"FEDERAL rROCfREMEITf
''SEC. 508. (a) Xo Federal agency may enter into any contract with
any person, who has been convicted of any offense under section 309
(c) of this Act. for the procurement of goods, materials, and services
if such contract is to be performed at any facility at which the viola-
tion which gave rise to such conviction occurred, and if such facility is
owned, leased, or supervised by such person. The prohibition in the
preceding sentence shall continue until the Administrator certifies
that the condition giving rise to such conviction has been corrected.
''(b) The Administrator shall establish procedures to provide all
Federal agencies with the notification necessary for the purposes of
subsection (a) of this section.
"(c) In order to implement the purposes and policy of this Act to
protect and enhance the quality of the Nation's water, the President
shall, not more than one hundred and eighty days after enactment of
this Act, cause to be issued an order (1) requiring each Federal agency
authorized to enter into contracts and each Federal agency which is
empowered to extend Federal assistance by way of grant, loan, or con-
tract to effectuate the purpose and policy of this Act in such contract-
ing or assistance activities, and (2) setting forth procedures, sanctions,
penalties, and such other provisions, as the President determines
necessary to carry out suc'h requirement.
"(d) The President may exempt any contract, loan, or grant from
all or part of the provisions of this section where he determines such
exemption is necessary in the paramount interest of the United States
and he shall notify the Congress of such exemption.
"(e) The President shall annually report to the Congress on meas-
ures taken in compliance with the purpose and intent of this section.
including, but not limited to, the progress and problems associated
with such compliance.
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FWPCA
Section 511
OTHER AFKECTM) AUTHORITY
''SEC. 511. (a) This Act shall not be construed as (1) limiting the
authority or functions of any officer or agency of the United States
under any other law or regulation not inconsistent with this Act; (2)
affecting or impairing the authority of the Secretary of the Army
(A) to maintain navigation or (B) under the Act of March 3, 1899
(30 Stat. 1112) ; except that any permit issued under section 404 of
this Act shall be conclusive as to the effect on water quality of any
discharge resulting from any activity subject to section 10 of the Act
of March 3, 1899, or (3) affecting or impairing the provisions of any
treaty of the United States.
*'(b) Discharges of pollutants into the navigable waters subject to
the Rivers and Harbors Act of 1910 (36 Stat. 593; 33 U.S.C. 421)
and the Supervisory Harbors Act of 1888 (25 Stat. 209; 33 U.S.C.
441-451b) shall be regulated pursuant to this Act, and not subject
to such Act of 1910 and the Act of 1888 except as to effect on naviga-
tion and anchorage.
"(c)(l) Except for the provision of Federal financial assistance
for the purpose of assisting the construction of publicly owned treat-
ment works as authorized by section 201 of this Act, and the issuance
of a permit under section 402 of this Act for the discharge of any
pollutant by a new source as defined in section 306 of this Act, no
action of the Administrator taken pursuant to this Act shall be deemed
a major Federal action significantly affecting the quality of the human
environment within the meaning of the National Environmental
Policy Act of 1969 (83 Stat. 852); and
"(2) Nothing in the National Environmental Policy Act of 1969
(83 Stat. 852) shall be deemed to—
''(A) authorize any Federal agency authorized to license, or
permit the conduct of any activity which may result in the dis-
charge of a pollutant into the navigable waters to review any
effluent limitation or other requirement established pursuant to
this Act or the adequacy of any certification under section 401 of
this Act; or
•" (B) authorize any such agency to impose, as a condition prece-
dent to the issuance of any license or permit, any effluent limita-
tion other than any such limitation established pursuant to this
Act.
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MARINE PROTECTION, RESEARCH, AND SANCTUARIES
ACT of 1972
(MPR and SA)
Section 101
TITLE I—OCEAX DUMPING
PROHIBITED ACTS
Sue. 101. (a) Xo pel-son shall transport from the United States any
radiological, chemical, or biological warfare agent or airy high-level
radioactive waste, or except as may be authorized in a permit issued
under this title, and subject to regulations issued under section 108
hereof by the Secretary of the Department in which the Coast Guard
is operating, any other material for the purpose of dumping it into
ocean waters.
(b) Xo person shall dump any radiological, chemical, or biological
warfare agent or any high-level radioactive waste, or, except as may
be authorized in a permit issued under this title, any other material,
transported from any location outside the United States, (1) into the
territorial sea of the United States, or (2) into a zone contiguous to
the territorial sea of the United States, extending to a line twelve
nautical miles sen ward from the base line from which the breadth of
the territorial sea is measured, to the extent that it may affect the terri-
torial sea or the territory of the United States.
(c) Xo officer, employee, agent, department, agency, or instrumen-
tality of the United States shall transport from any location outside
the United States any radiological, chemical, or biological warfare
agent or any high-level radioactive waste, or. except as may be author-
ized in a permit issued under this title, any other material for the
purpose of dumping it into ocean waters.
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(MPR and SA)
Section 102
KX\ IKOXMKN'TAL l'J!OTK( TIOX AUKNCY I'KUMITS
SKC. 1(>2. (a) Except in relation to dredged material, as provided
for in section 103 of this title, and in relation to radiological, chemi-
cal, and biological warfare agents and high-level radioactive waste.
as provided for in section 101 of this title, the Administrator may
issue permits, after notice and opportunity for public hearings, for
the transportation from the United States or. in the case of an
agency or instrumentality of the United States, for the transporta-
tion from a location outside the United States, of material for the
purpose of dumping it into ocean waters, or for the dumping of
material into the waters described in section 101 (b), where the Admin-
istrator determines that such dumping will not unreasonably degrade
or endanger human health, welfare, or amenities, or the marine
em ironment, ecological systems, or economic potentialities. The
Administrator shall establish and apply criteria for reviewing and
evaluating such permit applications, and, in establishing or revising
such criteria, shall consider, but not be limited in his consideration
to, the following:
(A) The need for the proposed dumping.
(B) The effect of such dumping on human health and welfare.
including economic, esthetic, and recreational values.
(C) The effect of such dumping on fisheries resources, plank-
ton, fish, shellfish, wildlife, shore lines and beaches.
(D) The effect of such dumping on marine ecosystems, par-
ticularly with respect to—
(i) the transfer, concentration, and dispersion of such
material and its byproducts through biological, physical, and
chemical processes,
(ii) potential changes in marine ecosystem diversity, pro-
ductivity, and stability, and
(iii) species and community population dynamics.
(E) The persistence and permanence of the effects of the dump-
ing.
(F) The effect of dumping particular volumes and concentra-
tions of such materials.
(G) Appropriate locations and methods of disposal or recy-
cling, including land-based alternatives and the probable impact
of requiring use of such alternate locations or methods upon con-
siderations affecting the public interest.
(H) The effect, on alternate uses of oceans, such as scientific
study, fishing, and other living resource exploitation, and non-
living resource exploitation.
(I) In designating recommended sites, the Administrator shall
utilize wherever feasible locations beyond the edge of the Con-
tinental Shelf.
In establishing or revising such criteria, the Administrator shall con-
sult with Federal. State, and local officials, and interested members
of the general public, as may appear appropriate to the Administrator.
With respect to such criteria as may affect the civil works program of
I he Department of the Army, the Administrator shall also consult
with the Secretary. In reviewing applications for permits, the Admin-
istrator shall make such provision for consultation with interested
Federal and State agencies as he deems useful or necessary. Xo per-
mit shall be issued for a dumping of material which will violate appli-
cable water quality standards.
(b) The Administrator may establish and issue various categories
of permits, including the general permits described in section 104(c).
(c) The Administrator may, considering the criteria established
pursuant to subsection (a) of this section, designate recommended sites
or times for dumping and, when he finds it necessary to protect critical
areas, shall, after consultation with the Secretary, also designate sites
or times within which certain materials may not be dumped.
(d) Xo permit is required under this title for the transportation
for dumping or the dumping of fish wastes, except when deposited in
harbors or other protected or enclosed coastal waters, or where the
Administrator finds that such deposits could endanger health, the
environment, or ecological systems in a specific location. Where the
Administrator makes such a finding, such material may be deposited
only as authorized by a permit issued by the Administrator under this
section.
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(MPR and SA)
Section 103
CORPS OF KXOIXKKRS I'KKMITS
SKC. 103. (a) Subject, to the provisions of subsections (b), (c).
and (d) of this section, the Secretary may issue permits, after notice
and opportunity for public hearings, for the transportation of dredged
material for the purpose of dumping it into ocean waters, where the
Secretary determines that the dumping will not unreasonably degrade
or endanger human health, welfare, or amenities, or the marine
environment, ecological systems, or economic potentialities.
(b) In making the determination required by subsection (a), the
Secretary shall apply those criteria, established pursuant to section
102(a), relating to the effects of the dumping. Based upon an evalua-
tion of the potential effect of a permit denial on navigation, economic
and industrial development, and foreign and domestic commerce of
the United States, the Secretary shall make an independent determi-
nation as to the need for the. dumping. The Secretary shall also make
an independent determination as to other possible methods of disposal
and as to appropriate locations for the dumping. In considering appro-
priate, locations, he shall, to the extent feasible, utilize the recom-
mended sites designated by the Administrator pursuant to section
102(c).
(c) Prior to issuing any permit under this section, the Secretary
shall first notify the Administrator of his intention to do so. In any
case, in which the Administrator disagrees with the determination of
the Secretary as to compliance with the criteria established pursuant
to section 102(a) relating to the effects of the dumping or with the
restrictions established pursuant to section 102(c) relating to critical
areas, the determination of the Administrator shall prevail. Unless the
Administrator grants a waiver pursuant to subsection (d), the Secre-
tary shall not issue a permit which does not comply with such criteria
and with such restrictions.
(d) If. in any case, the, Secretary finds that, in the disposition of
dredged material, there is no economically feasible method or site
available other than a dumping site the utilization of which would
result in non-compliance with the criteria established pursuant to sec-
tion 102(a) relating to the effects of dumping or with the restrictions
established pursuant to section 102(c) relating to critical areas, he
shall so certify and request a waiver from the Administrator of the
specific requirements involved. Within thirty days of the receipt of
the, waiver request, unless the Administrator finds that the dumping of
the material will result, in an unacceptably adverse impact on munici-
pal water supplies, shell-fish beds, wildlife, fisheries (including spawn-
ing and breeding aivas), or recreational areas, he shall grant tV
waiver.
(e) In connection with Federal projects involving dredged material,
the Secretary may, in lieu of the permit procedure, issue regulations
which will require the application to such projects of the same criteria,
other factors to be evaluated, the same procedures, and the same
requirements which apply to the issuance or permits under subsections
(a), (b), (c),and (d) of this section.
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(MPR and SA)
Section 104
PERMIT CONDITIONS
SEC. 104. (a) Permits issued under this title shall designate and
include (1) the type of material authorized to be transported for dump-
ing or to be dumped; (2) the amount of material authorized to be
transported for dumping or to be dumped; (3) the location where such
transport for dumping will be terminated or where such dumping will
occur; (4) the length of time for which the permits are valid and their
expiration date; (5) any special provisions deemed necessary by the
Administrator or the Secretary, as the case may be, after consultation
with the Secretary of the Department in which the Coast Guard is
operating, for the monitoring and surveillance of the transportation or
dumping; and (6) such other matters as the Administrator or the
Secretary, as the case may be, deems appropriate.
(b) The Administrator or the Secretary, as the ease may be. may
pi-escribe such processing fees for permits and such reporting require-
ments for actions taken pursuant to permits issued by him under this
title as he deems appropriate.
(c) Consistent with the requirements of sections 102 and 103, but in
lieu of a requirement for specific permits in such case, the Administra-
tor or the Secretary, as the case may be, may issue general permits for
the transportation for dumping, or dumping, or both, of specified
materials or classes of materials for which he may issue permits, which
he determines will have a minimal adverse environmental impact.
(d} Any permit issued under this title shall be reviewed periodically
and, if appropriate, revised. The Administrator or the Secretary, as
the case may be, may limit or deny the issuance of permits, or he may
alter or revoke partially or entirely the terms of permits issued by
him under this title, for the transportation for dumping, or for the
dumping, or both, of specified materials or classes of materials, where
he finds that such materials cannot be dumped consistently with the
criteria and other factors required to be applied in evaluating the per-
mit application. No action shall be taken under this subsection unless
the affected person or permittee shall have been given notice and oppor-
tunity for a hearing on such action as proposed.
(e) The Administrator or the Secretary, as the case may be, shall
require an applicant for a permit under this title to provide such infor-
mation Ets he may consider necessary to review and evaluate such
application.
(f) Information received by the Administrator or the Secretary, as
(he case may be, as a part of any application or in connection with any
permit granted under this title shall be available to the public as a
matter of public record, at every stage of the proceeding. The final
determination of the Administrator or the Secretary, as the case may
be, shall be likewise available.
(g) A copy of any permit issued under this title shall be placed in
a conspicuous place in the vessel which will be used for the transporta-
tion or dumping authorized by such permit, and an additional copy
shall be furnished by the issuing official to the Secretary of the depart-
ment in which the Coast Guard is operating, or its designee.
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(MPR and SA)
Section 106 and 108
RELATIONSHIP TO OTHER LAWS
SEC. 106. (a) After the effective date of this title, all licenses, per-
mits, and authorizations other than those issued pursuant to this title
shall be void and of no legal'effect, to the extent that they purport
to authorize any activity regulated by this title, and -whether issued
before or after the effective date of this title.
(b) The provisions of subsection (a) shall not apply to actions
taken before the effective date of this title under the authority of the
Rivers and Harbors Act of 1899 (30 Stat. 1151), as amended (33
U.S.C,401et.seq.).
(r) Prior to issuing any permit under this title, if it appears to the
Administrator that the disposition of material, other than dredged
material, may adversely affect navigation in the territorial sea of the
United States, or in the approaches to any harbor of the United States.
or may create an artificial island on the'Outer Continental Shelf, the
Administrator shall consult with the Secretary and no permit shall
be issued it' the Secretary determines that navigation will be unreason-
ably impaired.
(d) After the effective date of this title, no State shall adopt or
enforce any rule or regulation relating to any activity regulated by
this title. Any State may. however, propose to the Administrator cri-
teria relating to the (lumping of materials into ocean waters within its
jurisdiction, or into other ocean waters to the extent that such dumping
may affect waters within the jurisdiction of such State, and if the
Administrator determines, after notice and opportunity for hearing,
that the proposed criteria are not inconsistent with the purposes of
this title, may adopt those criteria and mav issue regulations to imple-
ment such criteria. Such determination shall be made by the Adminis-
trator within one hundred and twenty days of receipt of the proposed
criteria. For the purposes of this subsection, the term ''State" means
any State, interstate or regional authority, Federal territory or Com-
monwealth or the District of Columbia.
(e) Nothing in this title shall be deemed to affect in any manner or
to any extent any provision of the Fish and Wildlife Coordination
Act as amended (16 U.S.C. 661-666c).
REGULATION'S
SEC. 108. Ill carrying out the responsibilities and authority conferred
by this title, the Administrator, the Secretary, and the Secretary of
the department in which the Coast Guard is operating are authorized
to issue such regulations as they may deem appropriate.
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(MPR and SA)
Sections 301 and 302
TITLE III—MARINE SANCTUARIES
SEC. 301. Notwithstanding the provisions of subsection (h) of sec-
tion 3 of this Act, the term "Secretary", when used in this title, means
Secretary of Commerce.
SBC. 30-2. (a) The Secretary, after consultation with the Secretaries
of State, Defense, the Interior, and Transportation, the Administra-
tor, and the heads of other interested Federal agencies, and with the
approval of the President, may designate as marine sanctuaries those
areas of the ocean waters, as far seaward as the outer edge of the
Continental Shelf, as defined in the Convention of the Continental
Shelf (15 U.S.T. 74; TIAS 5578), of other coastal waters where the
tide ebbs and flows, or of the Great Lakes and their connecting waters,
which he determines necessary for the purpose of preserving or restor-
ing such areas for their conservation, recreational, ecological, or
esthetic values. The consultation shall include an opportunity to review
and comment on a specific proposed designation.
(b) Prior to designating a marine sanctuary which includes waters
lying within the territorial limits of any State or superjacent to the
subsoil and seabed within the seaward boundary of a coastal State,
as that boundary is defined in section 2 of title I of the Act of May 22,
1953 (67 Stat. 29), the Secretary shall consult with, and give due con-
sideration to the views of, the responsible officials of the State, involved.
As to such waters, a designation under this section shall become effec-
tive sixty days after it is published, unless the Governor of any State
involved shall, before the expiration of the sixty-day period, certify
to the Secretary that the designation, or a specified portion thereof,
is unacceptable to his State, in which case the designated sanctuary
shall not include the area certified as unacceptable until such time as
the Governor withdraws his certification of unacceptability.
(c) When a marine sanctuarv is designated, pursuant to this sec-
tion, which includes an area of ocean waters outside the territorial
jurisdiction of the United States, the Secretary of State shall take
such actions as may be appropriate to enter into negotiations with
other Governments for the purpose of arriving at necessary agree-
ments with those Governments, in order to protect such sanctuary
and to promote the purposes for which it was established.
(d) The Secretary shall submit an annual report to the Congress,
on or before November 1 of each year, setting forth a comprehensive
review of his actions during the previous fiscal year undertaken pur-
suant to the authority of this section, together with appropriate rec-
ommendation for legislation considered necessary for the designation
and protection of marine sanctuaries.
(e) Before a marine sanctuary is designated under this section, the
Secretary shall hold public hearings in the coastal areas which would
be most directly affected by such designation, for the purpose of
receiving and giving proper consideration to the views of any
interested party. Such hearings shall be held no earlier than thirty
days after the publication of a public notice thereof.
(f) After a marine sanctuary has been designated under this sec-
tion, the Secretary, after consultation with other interested Federal
agencies, shall issue necessary and reasonable regulations to control
any activities permitted within the designated marine sanctuary, and
no permit, license, or other authorization issued pursuant to any other
authority shall be valid unless the Secretary shall certify that the
permitted activity is consistent Vith the purposes of this title and
can be carried out within the regulations promulgated under this
section.
(g) The regulations issued pursuant to subsection (f) shall be
applied in accordance with recognized principles of international law,
including treaties, conventions, and other agreements to which the
United States is signatory. Unless the application of the regulations
is in accordance with such principles or is otherwise authorized by
an agreement between the United States and the foreign State of
M-hich the affected person is a citizen or, in the case of the crew of a
foreign vessel, between the United States and flag State of the vessel,
no regulation applicable to ocean waters outside the territorial juris-
diction of the United States shall be applied to a person not a citizen
of the United States.
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NOISE CONTROL ACT OF 1972
Section 4
FEDERAL PROGRAMS
SEC. 4. (a) The Congress authorizes and
directs that Federal agencies shall, to Che
fullest extent consistent with their authority
under Federal laws administered by them,
carry out the programs within their control
In such a manner as to further the policy
declared In section 2(b).
(b) Each department, agency, or Instru-
mentality of the executive, legislative, and
Judicial branches of the Federal Govern-
ment—
(1) having jurisdiction over any property
or facility, or .
(2) engaged In any activity resulting, or
which may result, to the emission ol noise,
shall comply with Federal, State, Interstate,
and local requirements respecting control and
abatement of environmental noise to the
same extent that any person Is subject to
such requirements. The President may ex-
empt any single activity or facility, Includ-
ing noise emission sources or classes thereof,
of any department, agency, or instrumen-
tality In the executive branch from compli-
ance with any such requirement if he deter-
mines It to be In the paramount Interest
of the United States to do so; except that
no exemption, other than for those products
referred to In section 3(3)(B) of this Act,
may be granted from the require m»nt» ol
section* 6. 17, and 18 of this Act. No such
exemption shall be granted due to lack of
appropriation unless the President shall
have specifically 'requested such appropri-
ation as a part of the budgetary process and
the Congress shall have failed to make avail-
able such requested appropriation. Any ex-
emption shall be for a period not in excess
of one year, but additional exemptions may
be granted for periods of not to exceed one
year upon the President's making a new
determination. The President shall report
each January to the Congress all exemptions
from the requirements of this section granted
during the preceding calendar year, together
with his reason for granting such exemption.
(c) (1) The Administrator shall coordinate
the programs of all Federal agencies relating
to noise research and noise control. Eacn
Federal agency shall, \ipon request, furnish
to the Administrator such.information as he
may reasonably require to determine the
nature, scope, and results of the noise-re-
search and noise-control programs of the
agency.
(2) Each Federal agency shall consult with
the Administrator In prescribing standards
or regulations respecting noise. If at any
time the Administrator hss reason to believe
that a standard or regulation, or any pro-
posed standard or regulation, of any Federal
agency respecting noise does not protect the
public health and welfare to the extent he
believes to be required and feasible, he may
request such agency to review and report to
him on the advisability of revising such
standard or regulation to provide such pro-
tection. Any such request may be published
in the Federal Register and shall be accoru-
pr • .ed by a detailed statement of the infor-
n aon on which It is based. Such agency
shall complete the requested review and re-
port to the Administrator within such time
as the Administrator specifies In the request.
but such time specified may not be less than
.•Unety days from the date the request was
made. The report shall be published In the
Federal Register and shall be accompanied by
detailed statement of the findings and con-
clusions of the agency respecting the revi-
sion of Its standard or regulation. With re-
spect to the Federal Aviation Administration.
section 611 of the Federal Aviation Act of
1958 (as amended by section 7 of this Act)
shall apply in lieu of this paragraph.
(3) On the basis of regular consultation
with appropriate Federal agencies, the Ad-
ministrator shall compile and publish, from
time to time, a report on the status and
progress of Federal activities relating to noise
reseach and noise control. This report shall
describe the noise-control programs of each
Federal agency and. assess the contributions
of those programs to the Federal Govern-
ment's overall efforts to control noise.
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SOLID WASTE DISPOSAL ACT OF 1965 (SWDA)
Section 209
RECOMMENDED GUIDELINES
SEC. 209.9 (a) The Secretary shall, in cooperation with
appropriate State, Federal, interstate, regional, and local
agencies, allowing for public comment by other inter-
ested parties, as soon as practicable after the enactment
of the Resource Recovery Act of 1970, recommend to
appropriate agencies and publish in the Federal Regis-
ter guidelines for solid waste recovery, collection, sep-
aration, and disposal systems (including systems for pri-
vate use), which shall be consistent with public health
and welfare, and air and water quality standards and
adaptable to appropriate land-use plans. Such guide-
lines shall apply to such systems whether on land or
water and shall be revised from time to time.
(b)(l) The Secretary shall, as soon as practicable,
recommend model codes, ordinances, and statutes which
are designed to implement this section and the purposes
of this Act.
(2) The Secretary shall issue to appropriate Federal,
interstate, regional, and local agencies information on
technically feasible solid waste collection, separation, dis-
posal, recycling, and recovery methods, including data on
the cost of construction, operation, and maintenance of
such methods.
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SWDA
Section 211
APPLICABILITY OF SOLID WASTE DISPOSAL GUIDELINES TO
EXECUTIVE AGENCIES
SEC. 211." (a)(l) If—
(A) an Executive agency (as defined in section
105 of title 5, United States Code) has jurisdiction
over any real property or facility the operation or
administration of wtiich involves such agency in
solid waste disposal activities, or
(B) such an agency enters into a contract with any
person for tiie operation by such person of any Fed-
eral property or facility, and the performance of
such contract involves such person in solid waste
disposal activities,
then such agency shall insure compliance with the guide-
lines recommended under section 209 and the purposes
of this Act in the operation or administration of such
property or facility, or the performance of such contract,
as the case may be.
(2) Each Executive agency which conducts any
activity—
(A) which generates solid waste, and
(B) which, if conducted by a person other than
such agency, would require a permit or license from
such agency in order to dispose of such solid waste,
shall insure compliance with such guidelines and the
purposes of this Act in. conducting such activity.
(3) Each. Executive agency which permits the use of
Federal property for purposes of disposal of solid waste
shall insure compliance with such guidelines and the
purposes of this Act in the disposal of such waste.
(4) The President Shall prescribe regulations to carry
out this subsection.
(b) Each Executive agency which issues any license or
permit for disposal of solid waste shall, prior to the is-
suance of such license or permit, consult with the Secre-
tary to insure compliance with guidelines recommended
under section 209 and the purposes of this Act.
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SAFE DRINKING WATER ACT OF 1974
Section 1447
"FEDERAL AGENCIES
"SEC. 1447. (a) Each Federal agency having jurisdiction over any
federally owned or maintained public water system shall comply with
all national primary drinking water regulations in effect under section
1412, and each Federal agency shall comply with any applicable under-
ground infection control program, and shall keep such records and
submit such reports as may be required under such program.
"(b) The Administrator shall waive compliance with subsection (a)
upon request of the Secretary of Defense and upon a determination
by the President that the requested waiver is necessary in the interest
of national security. The Administrator shall maintain a written rec-
ord of the basis upon which such waiver was granted and make such
record available for in camera examination when relevant in a judicial
proceeding under this title. Upon the issuance of such a waiver, the
Administrator shall publish in the Federal Register a notice that the
waiver was granted for national security purposes, unless, upon the
request of the Secretary of Defense, the Administrator determines to
omit such publication because the publication itself would be contrary
to the interests of national security, in which event the Administrator
shall submit notice to the Armed Services Committee of the Senate
and House of Representatives.
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AIRPORT AND AIRWAY DEVELOPMENT ACT (AADA)
Section 12
SBC 12. NATIONAL AIRPORT SYSTEM PLAN.
(f) CONSULTATION CONCERNING ENVIRONMENTAL CHANGES.—In
carrying out this section, the Secretary shall consult with and consider
the views and recommendations of the Secretary of the Interior, the
Secretary of Health, Education2 and Welfare, the Secretary of Agri-
culture, and the National Council on Environmental Quality. The rec-
ommendations of the Secretary of the Interior, the Secretary of Health,
Education, and Welfare, the Secretary of Agriculture, and the
National Council on Environmental Quality, with regard to the preser-
vation of environmental quality, shall, to the extent that the Secretary
of Transportation determines to be feasible, be incorporated in the na-
tional airport system plan.
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AADA
Section 16
SEC. 16. SUBMISSION AND APPROVAL OF PROJECTS FOR AIRPORT
DEVELOPMENT.
(c) APPROVAL.—
(1) All airport development projects shall be subject to the
approval of the Secretary, which approval may be given only if he is
satisfied that—
(A) the project is reasonably consistent with plans (existing
at the time of approval of the project) of planning agencies for
the development of the area in which the airport is located and
will contribute to the accomplishment of the purposes of this
part;
(B) sufficient funds are available for that portion of the proj-
ect costs which are not to be paid by the United States under
this part;
(C) the project will be completed without undue delay;
(D) the public agency or public agencies which submitted the
project application have legal authority to engage in the airport
development as proposed; and
(E) all project sponsorship requirements prescribed by or
under the authority of this part have been or will be met.
No airport development project may be approved by the Secretary
with respect to any airport unless a public agency holds good title,
satisfactory to the Secretary, to the landing area of the airport or the
site therefor, or gives assurance satisfactory to the Secretary that
good title will be acquired.
(2) No airport development project may be approved by the Sec-
retary which does not include provision for installation of the landing
aids specified in subsection (d) of section 17 of this part and deter-
mined by him to be required for the safe and efficient use of the air-
port by aircraft taking into account the category of the airport and
the type and volume of traffic utilizing the airport.
(3) No airport development project may be approved by the Secre-
tary unless he is satisfied that fair consideration has been given to
the interest of communities in or near which the project may be located.
(4) It is declared to be national policy that airport development
projects authorized pursuant to this part shall provide for the pro-
tection and enhancement of the natural resources and the quality of
environment of the Nation. In implementing this policy, the Secretary
shall consult with the Secretaries of the Interior and Health, Edu-
cation, and Welfare with regard to the effect that any project involv-
ing airport location, a major runway extension, or runway location
may have on natural resources including, but not limited to, fish and
wildlife, natural, scenic, and recreation assets, water and air quality,
and other factors affecting the environment, and shall authorize no
such project found to have adverse effect unless the Secretary shall
render a finding, in writing, following a full and complete review,
which shall be a matter of public record, that no feasible and prudent
alternative exists and that all possible steps have been taken to mini-
mize such adverse effect.
(d) HEARINGS.—
(1) No airport development project involving the location of an
airport, an airport runway, or a runway extension may be approved
by the Secretary unless the public agency sponsoring the project certi-
fies to the Secretary that there has been afforded the opportunity for
public hearings for the purpose of considering the economic, social,
and environmental effects of the airport location and its consistency
with the goals and objectives of such urban planning as has been
carried out by the community.
(2) When hearings are held under paragraph (1) o,f this subsec-
tion, the pi-oject sponsor shall, when requested by the Secretary, submit
a copy of t he transcript to the Secretary.
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(e) AIR AND WATER QUAUTT.—
(1) The Secretary shall not approve any project application for a
project involving airport location, a major runway extension, or run-
way location unless the Governor of the State in which such project
may be located certifies in writing to the Secretary that there is reason-
able assurance that the project will be located, designed, constructed,
and operated so as to comply with applicable air and water quality
standards. In any case where such standards have not been approved
or where such standards have been promulgated by the Secretary of
the Interior or the Secretary of Health, Education, and Welfare, cer-
tification shall be obtained' from the appropriate Secretary. Notice
of certification or of refusal to certify shall be provided within sixty
days after the project application is received by the Secretary.
(2) The Secretary shall condition approval of any such project
application on compliance during construction and operation with
applicable air and water quality standards.
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20550
RULES AND REGULATIONS
Title 40—Protection of the Environment Sec.
CHAPTER V—COUNCIL ON
ENVIRONMENTAL QUALITY
PART 1500—PREPARATION OF ENVIRON-
MENTAL IMPACT STATEMENTS: GUIDE-
LINES
On May 2, 1973, the Council on En-
vironmental Quality published in the
.FEDERAL REGISTER, for public comment, a
iroposed revision of its guidelines for the
preparation of environmental impact
statements. Pursuant to the National
Environmental Policy Act (P.L. 91-190,
42 U.S.C. 4321 et seq.) and Executive
Order 11514 (35 PR 4247) all Federal
dspartments, agencies, and establish-
ments are required to prepare such state-
ments in connection with their proposals
for legislation and other major Federal
actions significantly affecting the quality
of the human environment. The author-
ity for the Council's guidelines is set
forth below in § 1500.1. The specific pol-
icies to be implemented by the guidelines
is set forth below in | 1500.2.
The Council received numerous com-
ments on its proposed guidelines from
environmental groups, Federal, State,
and local agencies, industry, and private
individuals. Two general themes were
presented in the majority of the com-
ments. First, the Council should increase
the opportunity for public involvement
in the impact statement process. Second,
the Council should provide more detailed
guidance on the responsibilities of Fed-
eral agencies in light of recent court
decisions interpreting the Act. The pro-
posed guidelines have been revised in
light of the specific comments relating
to these general themes, as well as other
comments received, and are now being
issued in final form.
The guidelines will appear in the Code
of Federal Regulations in Title 40, Chap-
ter V, at Part 1500. They are being codi-
fied, in part, because they affect State
and local governmental agencies, envi-
ronmental groups, industry, and private
individuals, in addition to Federal agen-
cies, to which they are specifically di-
rected, and the resultant need to make
them widely and readily available.
Sec.
1500.1 Purpose and authority.
1500.2 Policy.
1500.3 Agency and OMB procedures.
1500 4 Federal agencies included; effect of
the act on existing agency man-
dates.
1500.5 Types of actions covered by the act.
1500.6 Identifying major actions signifi-
cantly affecting the environment.
1500.7 Preparing draft environmental
statements; public hearings.
1500 8 Content of environmental state-
ments.
1500.9 Review of draft environmental
statements by Federal, Federal-
State, and local agencies and by
the public.
1500.10 Preparation and circulation of final
environmental statements.
1500.11 Transmittal of statements to the
Council; minimum periods for re-
view; requests by the Council.
1500.12 Legislative actions.
1500.13 Application of section 102(2) (C)
procedure to existing projects
and programs.
1500.14 Supplementary guidelines; evalua-
tion of procedures.
Appendix I Summary to accompany draft
and final statements.
Appendix II Areas of environmental im-
pact and Federal agencies and Federal State
agencies with jurisdiction by law or special
expertise to comment thereon.
Appendix III Offices within Federal agen-
cies and Federal-State agencies for informa-
tion regarding the agencies' NEPA activities
and for receiving other agencies' impact
statements for which comments are
requested.
Appendix IV State and local agency review
of impact statements.
AUTHORITY: National Environmental Act
(PL. 91-190, 42 U.S.C. 4321 et seq.) and
Executive Order 11514.
§ 1500.1 Purpose and authority.
(a) This directive provides guidelines
to Federal departments, agencies, and
establishments for preparing detailed
environmental statements on proposals
for legislation and other major Federal
actions significantly affecting the quality
of the human environment as required by
section 102(2) (C) of the National En-
vironmental Policy Act (P.L. 91-190, 42
U.S.C. 4321 et. seq.) (hereafter "the
Act"). Underlying the preparation of
such environmental statements is the
mandate of both the Act and Executive
Order 11514 (35 FR 4247) of March 5,
1970, that all Federal agencies, to the
fullest extent possible, direct their poli-
cies, plans and programs to protect and
enhance environmental quality. Agen-
cies are required to view their actions in
a manner calculated to encourage pro-
ductive and enjoyable harmony between
man and his environment, to promote
efforts preventing or eliminating damage
to the environment and biosphere and
stimulating the health and welfare of
man, and to enrich the understanding
of the ecological systems and natural re-
sources important to the Nation. The
objective of section 102(2) (C) of the Act
and of these guidelines is to assist agen-
cies in implementing these policies. This
requires agencies to build into their de-
cisionmaking process, beginning at the
earliest possible point, an appropriate
and careful consideration of the envi-
ronmental aspects of proposed action in
order that adverse environmental effects
may be avoided or minimized and envi-
ronmental quality previously lost may be
restored. This directive also provides
guidance to Federal, State, and local
agencies and the public in commenting
on statements prepared under these
guidelines.
(b) Pursuant to section 204(3) of the
Act the Council on Environmental Qual-
ity (hereafter "the Council") is assigned
the duty and function of reviewing and
appraising the programs and activities
of the Federal Government, in the light
of the Act's policy, for the purpose of de-
termining the extent to which such pro-
grams and activities are contributing to
the achievement of such policy, and to
make recommendations to the President
with respect thereto. Section 102(2) (B)
of the Act directs all Federal agencies to
identify and develop methods and pro-
cedures, in consultation with the Coun-
cil, to insure that unqualified environ-
mental values be given appropriate con-
sideration in decisionmakin? along with
economic and technical considerations;
section 102(2) (C) of the Act directs that
copies of all nvironmental impact state-
ments be file.! with the Council; and sec-
tion 102(2) (H) directs all Federal agen-
cies to assist the Council in the perform-
ance of its functions. These provisions
have been supplemented in section- 3' hi
and (i) of Executive Order 11514 1 v di-
rections that the Council issue [.•.•de-
lines to Federal agencies for pre.).na-
tion of environmental impact state; icnte
and §uch other instructions to ag( r, if-
and requests for reports anci ini( mo-
tion as may be required to carry out ti»->
Council's responsibilities under the Aot.
§ 1500.2 Policy.
(a) As early as possible and in all a *t,
prior to agency decision concernn „• /ec-
ommendations or favorable repoiu 01
proposals for (1) legislation signifk a.iti/
affecting the quality of the human en •
vironmeht (see §§ 1500.5(1) and 1500.12'
(hereafter "legislative actions") and (2>
all other major Federal actions signifi-
cantly affecting the quality of the hunan
environment (hereafter "administrative
actions"), Federal agencies will, ii; < on-
sultation with other appropriate Federal,
State and local agencies and the public
assess in detail the potential environ-
mental irnpac^.
(b) Initial assessments of the environ-
mental impacts of proposed action
should be undertaken concurrently with
initial technical and economic studies
and, where required, a draft environ-
mental impact statement prepared and
circulated for comment in time to accom-
pany the proposal through the existing
agency review processes for such action.
In this process, Federal agencies shall:
(1) Provide for circulation of draft en-
vironmental statements to other Federal,
State, and local agencies and for their
availability to the public in accordance
with the provisions of these guidelines;
(2) consider the comments of the agen-
cies and the public; and (3) issue final
environmental impact statements re-
sponsive to the comments received. The
purpose of this assessment and consulta-
tion process is to provide agencies and
other decisionmakers as well as members
of the public with an understanding of
the potential environmental effects of
proposed actions, to avoid or minimize
adverse effects wherever possible, and to
restore or enhance environmental qual-
ity to the fullest exteht practicable. In
particular, agencies should use the en-
vironmental impact statement process to
explore alternative actions that will
avoid or minimize adverse impacts and
to evaluate both the long- and short-
range implications of proposed actions
to man, his physical and social surround-
ings, and to nature. Agencies should con-
sider the results of their environmental
assessments along with their assessments
of the net economic, technical and other
benefits of proposed actions and use all
practicable means, consistent with other
essential considerations of national
policy, to restore environmental quality
as well asxto avoid or minimize undesir-
able consequences for the environment.
FEDERAL REGISTER, VOL. 38, NO. 147—WEDNESDAY, AUGUST 1, 1973
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RULES AND REGULATIONS
20551
§ 1500.3 Agency and OMB procedures.
(a) Pursuant to section 2(f) of Execu-
tive Order 11514, the heads of Federal
agencies have been directed to proceed
with measures required by section 102
(2) (C) of the Act. Previous guidelines
of the Council directed each agency to
establish its own formal procedures for
(1) identifying those agency actions re-
quiring environmental statements, the
appropriate time prior to decision for
the consultations required by section 102
(2) (C) and the agency review process
for which environmental statements are
to be available, (2) obtaining informa-
tion required in their preparation, (3)
designating the officials who are to be
responsible for the statements, (4) con-
sulting with and taking account of the
comments of appropriate Federal, State
and local agencies and the public, in-
cluding obtaining the comment of the
Administrator of the Environmental
Protection Agency when required under
section 309 of the Clean Air Act, as
amended, and (5) meeting the require-
ments of section 2(b) of Executive Order
11514 for providing timely public infor-
mation on Federal plans and programs
with environmental impact. Each^agency,
Including both departmental and sub-
departmental components having such
procedures, shall review its procedures
and shall revise them, in consultation
with the Council, as may be necessary
in order to respond to requirements im-
posed by these revised guidelines as well
as by such previous directives. After such
consultation, proposed revisions of such
agency procedures shall be published in
the FEDERAL REGISTER no later than Octo-
ber 30, 1973. A minimum 45-day period
for public comment shall be provided,
followed by publication of final proce-
dures no later than forty-five (45) days
after the conclusion of the comment
period. Each agency shall submit seven
(7) copies of all such procedures to the
Council. Any future revision of such
agency procedures shall similarly be pro-
posed and adopted only after prior con-
sultation with the Council and, in the
case of substantial revision, opportunity
for public comment. All revisions shall
be published in the FEDERAL REGISTER,
(b) Each Federal agency should con-
sult, with the assistance of the Council
and the Office of Management and
Budget if desired, with other appropriate
Federal agencies in the development and
revision of the above procedures so as to
achieve consistency in dealing with simi-
lar activities and to assure effective coor-
dination among agencies in their review
of proposed activities. Where applicable,
State and local review of such agency
procedures should be conducted pursuant
to procedures established by Office of
Management and Budget Circular No.
A-*5.
(c) Existing mechanisms for obtain-
ing the views of Federal, State, and local
agencies on proposed Federal actions
should be utilized to the maximum ex-
tent practicable in dealing with environ-
mental matters. The Office of Manage-
ment and Budget will issue Instructions,
as necessary, to take full advantage of
such existing mechanisms.
§ )500.4 Federal agencies included; ef-
fect of the Act on existing agency
mandates.
(a) Section 102(2) (C) of the Act ap-
plies to all agencies of the Federal Gov-
ernment. Section 102 of the Act pro-
vides that "to the fullest extent possible:
(1) The policies, regulations, and public
laws of the United States shall be inter-
preted and administered in accordance
with the policies set forth in this Act,"
and section 105 of the Act provides that
"the policies and goals set forth in this
Act are supplementary to those set forth
in existing authorizations of Federal
agencies." This means that each agency
shall interpret the provisions of the Act
as a supplement to its existing author-
ity and as a mandate to view traditional
policies and missions in the light of the
Act's national environmental objectives.
In accordance with this purpose, agen-
cies should continue to review their poli-
cies, procedures, and regulations and to
revise them as necessary to ensure full
compliance with the purposes and pro-
visions of the Act. The phrase "to the
fullest extent possible" in section 102 is
meant to make clear that each agency
of the Federal Government shall comply
with that section unless existing law
applicable to the agency's operations ex-
pressly prohibits or makes compliance
impossible.
§ 1500.5 Types of actions covered by the
Act.
(a) "Actions" include but are not lim-
ited to:
(1) Recommendations or favorable re-
ports relating to legislation including
requests for appropriations. The re-
quirement for following the section 102
(2) (C) procedure as elaborated in these
guidelines applies to both (i) agency rec-
ommendations on their own proposals
for legislation (see § 1500.12); and (ii)
agency reports on legislation initiated
elsewhere. In the latter case only the
agency which has primary responsibility
for the subject matter involved will pre-
pare an environmental statement.
(2) New and continuing projects and
program activities: directly undertaken
by Federal agencies; or supported in
whole or in part through Federal con-
tracts, grants, subsidies, loans, or other
forms of funding assistance (except
where such assistance is solely in the
form of general revenue sharing funds,
distributed under the State and Local
Fiscal Assistance Act of 1972, 31 U.S.C.
1221 et. seq. with no Federal agency con-
trol over the subsequent use of such
funds); or involving a Federal lease, per-
mit, license certificate or other entitle-
ment for use.
(3) The making, modification, or es-
tablishment of regulations, rules, pro-
cedures, and policy.
§ 1500.6 IHentifying major actions sig-
nificantly affecting the environment.
(a) The statutory clause "major Fed-
eral actions significantly affecting the
quality of the human environment" is to
be construed by agencies with a view to
the overall, cumulative impact of the
action proposed, related Federal actions
and projects in the area, and further ac-
tions contemplated. Such actions may be
localized in their impact, but if there is
potential that the environment may be
significantly affected, the statement is
to be prepared. Proposed major actions,
the enviornmental impact of which is
likely to be highly controversial, should
be covered in all cases. In considering
what constitutes major action signifi-
cantly affecting the environment, agen-
cies should bear in mind that the effect
of many Federal decisions about a proj-
ect or complex of projects can be in-
dividually limited but cumulatively con-
siderable. This can occur when one or
more agencies over a period of years puts
into a project individually minor bin col-
lectively major resources, when one de-
cision involving a limited amount .of
money is a precedent for action in much
larger cases or represents a decision in
principle about a future major course of
action, or when several Government
agencies individually make decisions
about partial aspects of a major action.
In all such cases, an environmental
statement should be prepared if it is rea-
sonable to anticipate a cumulatively
significant impact on the environment
from Federal action. The Council, on the
basis of a written assessment of the im-
pacts involved, is available to assist
agencies in determining whether specific
actions require impact statements.
(b) Section 101 (b) of the Act indi-
cates the broad range of aspects of the
environment to be surveyed in any assess-
ment of significant effect. The Act also
indicates that adverse significant effects
include those that degrade the quality
of the environment, curtail the range
of beneficial uses of the environment,
and serve short-term, to the disadvan-
tage of long-term, environmental goals.
Significant effects can also include ac-
tions which may have both beneficial
and detrimental effects, even if on bal-
ance the agency believes that the effect
will be beneficial. Significant effects also
include secondary effects, as described
more fully, for example, in § 1500.8(a)
(iii) (B). The significance of a proposed
action may also vary with the setting,
with the result that an action that would
have little impact in an urban area may
be significant in a rural setting or vice
versa. While a precise definition of en-
vironmental "significance," valid in all
contexts, is not possible, effects to be
considered in assessing significance in-
clude, but are not limited to, those out-
lined in Appendix II of these guidelines.
(c) Each of the provisions of the Act,
except section 102(2) (C), applies to all
Federal agency actions. Section 102(2)
(C) requires the preparation of a detailed
environmental impact statement in the
case of "major Federal actions signifi-
cantly affecting the quality of the human
environment." The identification of
major actions significantly affecting the
environment is the responsibility of each
Federal agency, to be carried out against
the background of its own particular op-
erations. The action must be a (1)
FEDERAL REGISTER, VOL. 38, NO. 147—WEDNESDAY, AUGUST 1, 1973
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20552
RULES AND REGULATIONS
"major" action, (2) which is a "Federal
action," (3) which has a "significant" ef-
fect, and (4) which involves the "quality
of the human environment." The words
"major" and "significantly" are intended
to imply thresholds of importance and
impact that must be met before a state-
ment is required. The action causing the
impact must also be one where there
is sufficient Federal control and respon-
sibility to constitute "Federal action" in
contrast to cases where such Federal
control and responsibility are not present
as, for example, when Federal funds are
distributed in the form of general reve-
nue sharing to be used by State and local
governments (see § 1500.5(ii)). Finally,
the action must be one that significantly
affects the quality of the human envi-
ronment either by directly affecting
human beings or by indirectly affecting
human beings through adverse effects
on the environment. Each agency should
review the typical classes of actions that
it undertakes and, in consultation with
the Council, should develop specific cri-
teria and methods for identifying those
actions likely to require environmental
statements and those actions likely not
to require environmental statements.
Normally this will involve:
(i) Making an initial assessment of
the environmental impacts typically as-
sociated with principal types of agency
action.
(ii) Identifying on the basis of this
assessment, types of actions which nor-
mally do, and types of actions which nor-
mally do not, require statements.
(iii) With respect to remaining actions
that may require statements depending
on the circumstances, and those actions
determined under the preceding para-
graph (C) (4) (ii) of this section as likely
to require statements, identifying: (a)
what basic information needs to be
gathered; (b) how and when such in-
formation is to be assembled and ana-
lyzed; and (c) on what bases environ-
mental assessments and decisions to pre-
pare impact statements will be made.
Agencies may either include this sub-
stantive guidance in the procedures is-
sued pursuant to | 1500.3 (a) of these
guidelines, or issue such guidance as
supplemental instructions to aid relevant
agency personnel in implementing the
impact statement process. Pursuant to
§ 1500.14 of these guidelines, agencies
shall report to the Council by June 30,
1974, on the progress made in developing
such substantive guidance.
(d) (1) Agencies should give careful
attention to identifying and defining the
purpose and scope of the action which
would most appropriately serve as the
subject of the statement. In many cases,
broad program statements will be re-
quired in order to assess the environ-
mental effects of a number of individual
actions on a given geographical area (e.g.,
coal leases), or environmental impacts
that are generic or common to a series
of agency actions (e.g., maintenance or
waste handling practices), or the over-
all impact of a large-scale program or
chain of contemplated projects (e.g.,
major lengths of highway as opposed to
small segments). Subsequent statements
on major individual actions will be nec-
essary where such actions have signifi-
cant environmental impacts not ade-
quately evaluated in the program
statement.
(2) Agencies engaging in major tech-
nology research and development pro-
grams should develop procedures for
periodic evaluation to determine when a
program statement is required for such
programs. Factors to be considered in
making this determination include the
magnitude of Federal investment in the
program, the likelihood of widespread
application of the technology, the degree
of environmental impact which would
occur if the technology were widely ap-
plied, and the extent to which continued
investment in the new technology is
likely to restrict future alternatives.
Statements must be written late enough
in the development process to contain
meaningful information, but -early
enough so that this information can
practically serve as an input in the deci-
sion-making process. Where it is antici-
pated that a statement may ultimately
be required but that its preparation is
still premature, the agency should pre-
pare an evaluation briefly setting forth
the reasons for its determination that a
statement is not yet necessary. This eval-
uation should be periodically updated,
particularly when significant new infor-
mation becomes available concerning the
potential environmental impact of the
program. In any case, a statement must
be prepared before research activities
have reached a stage of investment or
commitment to implementation likely to
determine subsequent development, or
restrict later alternatives. Statements or
technology research and development
programs should include an analysis not
only of alternative forms of the same
technology that might reduce any, ad-
verse environmental impacts but also of
alternative technologies that would
serve the same function as the technology
under consideration. Efforts should be
made to involve other Federal agencies
and interested groups with relevant ex-
pertise in the preparation of such state-
ments because the impacts and alterna-
tives to be considered are likely to be
less well defined than in other types of
statements.
(e) In accordance with the policy of
the Act and Executive Order 11514 agen-
cies have a responsibility to develop pro-
cedures to insure the fullest practicable
provision of timely public information
and understanding of Federal plans and
programs with environmental impact in
order to obtain the views of interested
parties. In furtherance of this policy,
agency procedures should include an ap-
propriate early notice system for inform-
ing the public of the decision to prepare
a draft environmental statement on pro-
posed administrative actions (and for
soliciting comments that may be helpful
in preparing the statement) as soon as is
practicable after the decision to prepare
the statement is made. In this connec-
tion, agencies should: (1) maintain a list
of administrative actions for which en-
vironmental statements are being pre-
pared; (2) revise the list at regular inter-
vals specified in the agency's procedures
developed pursuant to § 1500.3(a) of
these guidelines (but not less than quar-
terly) and transmit each such revision to
the Council; and (3) make the list avail-
able for public inspection on request. The
Council will periodically publish such lists
in the FEDERAL REGISTER. If an agency
decides that an environmental statemei t
is not necessary for a proposed action
(i) which the agency has identified pur-
suant to § 1500.6(c) (4) (ii) as normally
requiring preparation of a statement, (i>>
which is similar to actions for which the
agency has prepared a significant num-
ber of statements, (iii) which the agency
has previously announced would be the
subject of a statement, or (iv) for which
the agency has made a negative deter-
mination in response to a request from
the Council pursuant to § 1500.11 (f), the
agency shall prepare a publicly available
record briefly setting forth the agency's
decision and the reasons for that deter-
mination. Lists of such negative dete~-
minations, and any evaluations mari>:
pursuant to § 1500.6 which conclude that
preparation of a statement is not yet
timely, shall be prepared and made avail-
able in the same manner as provided in
this subsection for lists of statements
under preparation.
§ 1500.7 Preparing draft environmental
statements; public hearings.
(a) Each environmental impact state-
ment shall be prepared and circulated
in draft form for comment in accordance
with the provisions of these guidelines.
The draft statement must fulfill and
satisfy to the fullest extent possible at
the time the draft is prepared the re-
quirements established for final state-
ments by section 102(2) (C). (Where an
agency has an established practice of
declining to favor an alternative until
public comments on a proposed action
have been received, the draft environ-
mental statement may indicate that two
or more alternatives are under considera-
tion.) Comments received shall be care-
fully evaluated and considered in the
decision process. A final statement with
substantive comments attached shall
then be issued and circulated in accord-
ance with applicable provisions of
§§ 1500.10, 1500.11, or 1500.12. It is im-
portant that draft environmental state-
ments be prepared and circulated for
comment and furnished to the Council
as early as possible in the agency review
process in order to permit agency deci-
sionmakers and outside reviewers to give
meaningful consideration to the envi-
ronmental issues involved. In particular,
agencies should keep in mind that such
statements are to serve as the means
of assessing the environmental impact of
proposed agency actions, rather than as
a justification for decisions already made.
This means that draft statements on
administrative actions should be pre-
pared and circulated for comment prior
to the first significant point of decision
in the agency review process. For major
categories of agency action, this point
should be identified in the procedures is-
FEDERAL REGISTER, VOL. 38, NO. 147—WEDNESDAY, AUGUST 1, 1973
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RULES AND REGULATIONS
20553
sued pursuant to § 1500.3(a). For major
categories of projects involving an appli-
cant and Identified pursuant to § 1500.6
(c)(c)(ii) as normally requiring the
preparation of a statement, agencies
should Include in their procedures provi-
sions limiting actions which an applicant
is permitted to take prior to completion
and review of the final statement with
respect to his application.
(b) Where more than one agency (1)
directly sponsors an action, or is directly
Involved in an action through funding,
licenses, or permits, or (2) is involved in
a group of actions directly related to each
other because of their functional inter-
dependence and geographical proximity,
consideration should be given to prepar-
ing one statement for all the Federal
actions involved (see § 1500.6(d)(l)).
Agencies in such cases should consider
the possibility of joint preparation of a
statement by all agencies concerned, or
designation of a single "lead agency"
to assume supervisory responsibmtyfor
tead agency prepares the statement Cine
Crtner agencies Involved should provide
et to their areas-of
e. in either case,
statement should contain .an en-
' " sment of the full range
' Federal actions involved shoul
the views ftf *n r,art.nirm.t,iTig agencies,
and should be prepared before major or
the participating agencies. Fac-
tors relevant to
priaie
agency include the time
sequence in whlcfl the agencies C88Pme
me magnitude 01 tneir respec-
respect to the project's en-
vjroniriental effects^ As necessary,
Council will assist in resolving questions
of responsibility for statement prepara-
tion in the case of multi-agency actions.
Federal Regional Councils, agencies and
the public are encouraged to bring to the
attention' of the Council and other rele-
vant agencies .appropriate situations
where a geographic or regionally focused
statement would be desirable because of
the cumulative environmental effects
likely to result from multi-agency actions
in the area.
(c) Where an agency relies on an ap-
plicant to submit initial environmental
information, the agency should assist the
applicant by outlining the types of infor-
mation required. In all cases, the agency
should make its own evaluation of the
environmental issues and take respon-
sibility for the scope and content of draft
and final environmental statements.
(d) Agency procedures developed pur-
suant to ! 1500.3 (a) of these guidelines
should indicate as explicitly as possible
those types of agency decisions or actions
which utilize hearings as part of the nor-
mal agency review process, either as a
result of statutory requirement or agency
practice. To the fullest extent possible,
all such hearings shall include considera-
tion of the environmental aspects of the
proposed action. Agency procedures shall
also specifically include provision for
public hearings on major actions with
environmental impact, whenever appro-
priate, and for providing the public with
relevant information, Including Informa-
tion on alternative courses of action. In
deciding whether a public hearing is ap-
propriate, an agency should consider:
(1) The magnitude of the proposal in
terms of economic costs, the geographic
area involved, and the uniqueness or size
of commitment of the resources involved;
(2) the degree of interest in the pro-
posal, as evidenced by requests from the
public and from Federal, State and local
authorities that a hearing be held; (3)
the complexity of the issue and the like-
lihood that information will be presented
at the hearing which will be of assist-
ance to the agency in fulfilling its re-
sponsibilities under the Act; and (4) the
extent to which public involvement al-
ready has been achieved through other
means, such as earlier public hearings,
meetings with citizen representatives,
and/or written comments on the pro-
posed action. Agencies should make any
draft environmental statements to be is-
sued available to the public at least
fifteen (15) days prior to the time of such
hearings.
§ 1500.8 Content of environmental
statements.
(a) The following points are to be
covered:
(1) A description of the proposed ac-
tion, a statement of its purposes, and a
description of the environment affected,
including information, summary tech-
nical data, and maps and diagrams where
relevant, adequate to permit an assess-
ment of potential environmental impact
by commenting agencies and the public.
Highly technical and specialized anal-
yses and data should be .avoided in the
body of the draft impact statement. Such
materials should be attached as ap-
pendices or footnoted with adequate
bibliographic references. The statement
should also succinctly describe the envi-
ronment of the area affected as it exists
prior to a proposed action, including
other Federal activities in the area af-
fected by the proposed action which are
related to the proposed action. The in-
terrelationships and cumulative environ-
mental impacts of the proposed action
and other related Federal projects shall
be presented in the statement. The
amount of detail provided in such de-
scriptions should be commensurate with
the extent and expected'impact of the
action, and with the amount of informa-
tion required at the particular level of
decisionmaking (planning, feasibility,
design, etc.). In order to ensure accurate
descriptions and environmental assess-
ments, site visits should be made where
feasible. Agencies should also take care to
identify, as appropriate, population and
growth characteristics of the affected
area and any population and growth as-
sumptions used to justify the project or
program or to determine secondary popu-
lation and growth impacts resulting from
the proposed action and its alternatives
(see paragraph (a) (1) (3) (ii), of this
section). In discussing these population
aspects, agencies should give considera-
tion to using the rates of growth in the
region of the project contained in the
projection compiled for the Water Re-
sources Council by the Bureau of Eco-
nomic Analysis of the Department of
Commerce and the Economic Research
Service of the Department of Agricul-
ture (the "OBERS" projection). In any
event it is essential th»t the sources of
data used to identify, quantify or evalu-
ate any and all environmental conse-
quences be expressly noted.
(2) The relationship of the proposed
action to land use plans, policies, and
controls for the affected area. This re-
quires a discussion of how the proposed
action may conform or conflict with the
objectives and specific terms of approved
or proposed Federal, State, and local
land use plans, policies, and controls, if
any, for the area affected including thosy
developed in response to the Clean Air
Act or the Federal Water Pollution Con •
trol Act Amendments of 1972. Where A
conflict or inconsistency exists, the state-
ment should describe the extent to which
the agency has reconciled its proposed
action with the plan, policy or control,
and the reasons why the agency has de-
cided to proceed notwithstanding the ab-
sence of full reconciliation.
(3) The probable impact of the pro-
posed action on the environment.
(i) This requires agencies to assess the
positive and negative effects of the pro-
posed action as it affects both the na-
tional and international environment.
The attention given to different environ-
mental factors will vary according to the
nature, scale, and location of proposed
actions. Among factors to consider should
be the potential effect of the action on
such aspects of the environment as those
listed in Appendix II of these guidelines.
Primary attention should be given in the
statement to discussing those factors
most evidently impacted by the proposed
action.
(ii) Secondary or indirect, as well as
primary or direct, consequences for the
environment should be included in the
analysis. Many major Federal actions, in
particular those that involve the con-
struction or licensing of infrastructure
investments (e.g., highways, airports,
sewer systems, water resource projects,
etc.), stimulate or induce secondary ef-
fects in the form of associated invest-
ments and changed patterns of social
and economic activities. Such secondary
effects, through their impacts on existing
community facilities and activities,
through inducing new facilities and ac-
tivities, or through changes in natural
conditions, may often be even more sub-
stantial than the primary effects of the
original action itself. For example, the
effects of the proposed action on popula-
tion and growth may be among the more
significant secondary effects. Such popu-
lation and growth impacts should be es-
timated if expected to be significant
(using data identified as indicated in
§ 1500.8(a) (1)) and an assessment made
of the effect of any possible change in
population patterns or growth upon the
resource base, including land use, water,
and public services, of the area in
question.
FEDERAl REGISTER, VOL. 38, NO. 147—WEDNESDAY, AUGUST 1, 1973
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RULES AND REGULATIONS
(4) Alternatives to the proposed ac-
tion, including, where relevant, those not
within the existing authority of the re-
sponsible agency. (Section 102(2) (D) of
the Act requires the responsible agency
to "study, develop, and describe appro-
priate alternatives to recommended
courses of action in any proposal which
involves unresolved conflicts concerning
alternative uses of available resources").
A rigorous exploration and objective
evaluation of the environmental impacts
of all reasonable alternative actions, par-
ticularly those that might enhance en-
vironmental quality or avoid some or all
of the adverse environmental effects, is
essential. Sufficient analysis of such al-
ternatives and their environmental bene-
fits, costs and risks should accompany
the proposed action through the agency
review process in order not to foreclose
prematurely options which might en-
hance environmental quality or have less
detrimental effects. Examples of such al-
ternatives include: the alternative of
taking no action or of postponing action
pending further study; alternatives re-
quiring actions of a significantly differ-
ent nature which would provide similar
benefits with different environmental im-
pacts (e.g., nonstructural alternatives to
flood control programs, or- mass transit
alternatives to highway construction);
alternatives related to different designs
or details of the proposed action which
would present different environmental
impacts (e.g., cooling ponds vs. cooling
towers 'for. a power plant or alternatives
that will significantly conserve energy);
alternative measures to provide for com-
pensation of fish and wildlife losses, in-
cluding the acquisition of land, waters,
and interests therein. In each case, the
analysis should be sufficiently detailed to
reveal the agency's comparative evalua-
tion of the environmental benefits, costs
and risks of the proposed action and each
reasonable alternative. Where an exist-
ing impact statement already contains
such an analysis, its treatment of alter-
natives may be incorporated provided
that such treatment is current and rele-
vant to the precise purpose of the pro-
posed action.
(5.) Any probable adverse environmen-
tal effects which cannot be avoided (such
as water or air pollution, undesirable
land use patterns, damage to life sys-
tems, urban congestion, threats to health
or other consequences adverse to the en-
vironmental goals set out in section 101
(b) of the Act). This should be a brief
section summarizing in one place those
effects discussed in paragraph (a) (3) of
this section that are adverse and un-
avoidable under the proposed action. In-
cluded for purposes of contrast should
be a clear statement of how other avoid-
able adverse effects discussed in para-
graph (a) (2) of'this section will be miti-
gated.
(6) The relationship between local
short-term uses of man's environment
and the maintenance and enhancement
of long-term .productivity. This section
should contain a brief discussion of the
extent to which the proposed action in-
volves tradeoffs between short-term en-
vironmental gains s,t the expense of long-
term losses, or vice versa, and a discus-
sion of the extent to which the proposed
action forecloses future options. In this
context'short-term ai-id Jong-term do not
refer to any fixed time periods, but
should be viewed in term.-, of the environ-
mentally significant const"/uences of the
proposed action.
(7) Any irreversible y;;d irretrievable
commitments of resources that would be
involved in the proposed action should it
be implemented. This requires the
agency to identify from its survey of un-
avoidable impacts in paragraph (a) (5)
of this section the extent to which the
action irreversibly curtails the range of
potential uses of the environment. Agen-
cies should avoid construing the term
"resources" to mean only the labor and
materials devoted to an action. "Re-
sources" also means the natural and cul-
tural resources committed to loss or de-
struction by the action.
(8) An indication of what other in-
terests and considerations of Federal
policy are thought to offset the adverse
environmental effects of the proposed
action identified pursuant to paragraphs
(a) (3) and (5) of this section. The state-
ment should also indicate the extent to
which these stated countervailing bene-
fits could be realized by following rea-
sonable alternatives to the proposed ac-
tion (as identified in paragraph (a) (4)
of this section) that would avoid some or
all of the adverse environmental effects.
In this connection, agencies that prepare
cost-benefit analyses of proposed actions
should attach such analyses, or sum-
maries thereof, to the environmental im-
pact statement, and should clearly indi-
cate the extent to which environmen ;al
costs have not been reflected in such
analyses.
(b) In developing the above points
agencies should make every effort to con-
vey the required information succinctly
in a form easily understood, both by
members of the public and by public de-
cisionmakers, giving attention to the
substance of the information conveyed
rather than to the particular form, or
length, or detail of the statement. Each
of the above points, for example, need
not always occupy a distinct section of
the statement if it is otherwise ade-
quately covered in discussing the impact
of the proposed action and its alterna-
tives—which items should normally be
the focus of the statement. Draft state-
ments should indicate at appropriate
points in the text any underlying stud-
ies, reports, and other information ob-
tained and considered by the agency in
preparing the statement including any
cost-benefit analyses prepared by the
agency, and reports of consulting agen-
cies under the Fish and Wildlife Co-
ordination Act, 16 U.S.C. 661 et seq., and
the National Historic Preservation Act
of 1966, 16 U.S.C. 470 et seq., where such
consultation has taken place. In the case
of documents not likely to be easily ac-
cessible (such "as internal studies or re-
ports), the agency should indicate how
such information may be obtained. If
such information is attached to the
statement, care should be taken to en-
sure that the statement remains an es-
sentially self-contained instrument, cap-
able of being understood by the reader
without the need for undue cross
reference.
(c) Each environmental statement
should be prepared in accordance with
the precept in section 102(2) (A) of the
Act that all agencies of the Federal Gov-
ernment "utilize a systematic, interdis-
ciplinary approach which will insure the
integrated use of the natural ard social
sciences and the environmental design
arts in planning and decisionmaking
which may have an impact en man's
environment." Agencies should attempt
to have relevant disciplines represented
on their own staffs; where this is not fea-
sible they should make appropriate use
of relevant Federal, State, anrt local
agencies or the professional servces of
universities and outside consultant. The
interdisciplinary approach should not be
limited to the preparation of the en-
vironmental impact statement, but
should also be used in the early plan-
ning stages of the proposed action. Early
application of such an approach should
help assure a systematic evaluation of
reasonable alternative courses of action
and their potential social, economic, and
environmental consequences.
(d) Appendix I prescribes the form of
the summary sheet which should accom-
pany each draft and final environmental
statement.
§ 1500.9 Review of draft en., nmental
statements by Federal, Federal-^
State, and local agencies and by thr
public.
(a) Federal agency review. (1) In
general. A Federal agency considering
an action requiring an environmental
statement should consult with, and (on
the basis of a draft environmental state-
ment for which the agency takes re-
sponsibility) obtain the comment on the
environmental impact of the action of
Federal and Federal-State agencies with
jurisdiction by law or special expertise
with respect to any environmental im-
pact involved. These Federal and Fed-
eral-State agencies and their relevant
areas of expertise include those identi-
fied in Appendices II and in to these
guidelines. It is recommended that the
listed departments and agencies estab-
lish contact points, which may be re-
gional offices, for providing comments on
the 'environmental statements. The re-
quirement in section 102(2) (C) to ob-
tain comment from Federal agencies
having jurisdiction or special expertise
is in addition to any specific statutory
obligation of any Federal agency to co-
ordinate or consult with any other Fed-
eral or State agency. Agencies should,
for example, be alert to consultation re-
quirements of the Fish and Wildlife Co-
ordination Act 16 U.S.C. 661 et seq., and
the National Historic Preservation Act
of 1966, 16 U.S.C. 470 et seq. To the ex-
tent possible, statements or findings
concerning environmental impact re-
quired by other statutes, such as section
4(f) of the Department of Transporta-
tion Act of 1966, 49 U.S.C. 1653(f), or
FEDERAL REGISTER, VOL. 38, NO. 147—WEDNESDAY, AUGUST 1, 1973
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RULES AND REGULATIONS
20555
section 106 of the National Historic
Preservation Act of 1966, should be com-
bined with compliance with the environ-
mental impact statement requirements
of section 102(2) (C) of the Act to yield
a single document which meets all
applicable -requirements. The Advisory
Council on Historic Preservation, the
Department of Transportation, and the
Department of the Interior, in consulta-
tion with the Council, will issue any nec-
essary supplementing instructions for
furnishing information or findings not
forthcoming under the environmental
impact statement process.
(b) EPA review. Section 309 of the
Clean Air Act, as amended (42 U.S.C.
I 1857h-7), provides that the Adminis-
trator of the Environmental Protection
Agency shall comment in writing on the
environmental impact of any matter re-
lating to his duties and responsibilities,
and shall refer to the Council any mat-
ter that the Administrator determines is
unsatisfactory from the standpoint of
public health or welfare or environmen-
tal quality. Accordingly, wherever an
agency action related to air or water
quality, noise abatement and control,
pesticide regulation, solid waste disposal,
generally applicable environmental ra-
diation criteria and standards, or other
provision of the authority of the Admin-
istrator is involved, Federal agencies are
required to submit such proposed ac-
tions and their environmental impact
statements, if such have been prepared,
to the Administrator for review and
comment in writing. In all cases where
EPA determines that proposed agency
action is environmentally unsatisfac-
tory, or where EPA determines that an
environmental statement is so inade-
quate that such a determination cannot
be made, EPA shall publish its determi-
nation and notify the Council as soon as
practicable. The Administrator's com-
ments shall constitute his comments for
the purposes of both section 309 of the
Clean Air Act and section 102(2) (C) of
the National Environmental Policy Act.
(c) State and local review. Office of
Management and Budget Circular No.
A-95 (Revised) through its system of
State and areawide clearinghouses pro-
vides a means for securnig the views of
State and local environmental agencies,
which can assist in the preparation and
review of environmental impact state-
ments. Current instructions for obtain-
ing the views of such agencies ~are con-
tained in the joint OMB-CEQ memoran-
dum attached to these guidelines as Ap-
pendix IV. A current listing of clearing-
houses is issued periodically by the Of-
fice of Management and Budget.
(d) Public review. The procedures
established by these guidelines are de-
signed to encourage public participation
in the impact statement process at the
earliest possible time. Agency procedures
should make provision for facilitating
the comment of public and private orga-
nizations and Individuals by announcing
the availability of draft environmental
statements and by making copies avail-
able to organizations and individuals that
request an opportunity to comment.
Agencies should devise methods for pub-
licizing the existence of draft statements,
for example, by publication of notices in
local newspapers or by maintaining a list
of groups, including relevant conserva-
tion commissions, known to be interested
in the agency's activities and directly
notifying such groups of the existence of
a draft statement, or sending them a
copy, as soon as it has been prepared. A
copy of the draft statement should in all
cases be sent to any applicant whose
project is the subject of the statement.
Materials to be made available to the
public shall be provided without charge
to the extent practicable, or at a fee
which is not more than the actual cost of
reproducing copies required to be sent to
other Federal agencies, including the
Council.
(e) Responsibilities of commenting
entities. (1) Agencies and members of the
public submitting comments on proposed
actions on the basis of draft environmen-
tal statements should endeavor to make
their comments as specific, substantive,
and factual as possible without undue
attention to matters of form in the im-
pact statement. Although the comments
need not conform to any particular for-
mat, it would assist agencies reviewing
comments if the comments were orga-
nized in a manner consistent with the
structure of the draft statement. Empha-
sis should be placed on the assessment of
the environmental impacts of the pro-
posed action, and the acceptability of
those impacts on the quality of the envi-
ronment, particularly as contrasted with
the impacts of reasonable alternatives to
the action. Commenting entities may
recommend modifications to the pro-
posed action and/or new alternatives
that will enhance environmental quality
and avoid or minimize adverse environ-
mental impacts.
(2) Commenting agencies should indi-
cate whether any of their projects not
identified in the draft statement are
sufficiently advanced in planning and re-
lated environmentally to the proposed
action so that a discussion of the environ-
mental interrelationships should be in-
cluded in the final statement (see
§'1500.8(a) (1)). The Council is available
to assist agencies in making such
determinations.
(3) Agencies and members of the pub-
he should indicate in their comments the
nature of any monitoring of the environ-
mental effects of the proposed projec$
that appears particularly appropriate.
Such monitoring may be necessary dur-
ing the construction, startup, or opera-
tion phases of the project. Agencies with
special expertise with respect to the en-
vironmental impacts involved are en-
couraged to assist the sponsoring agency
in the establishment and operation of
appropriate environmental monitoring.
(f) Agencies seeking comment shall
establish time limits of not less than
forty-five (45) days for reply, after which
it may be presumed, unless the agency or
party consulted requests a specified ex-
tension of time, that the agency or party
consulted has no comment to make.
Agencies seeking comment should en-
deavor to comply with requests for exten-
sions of time of up to fifteen (15) days.
in determining an appropriate period for
comment, agencies should consider the
magnitude and complexity of the state-
ment and the extent of citizen interest
in the proposed action.
§ 1500.10 Preparation and circulation
of final environmental statements.
(a) Agencies should make every ef-
fort to discover and discuss all major
points of view on the environmental ef-
fects of the proposed action and its alter-
natives in the draft statement itseU'.
However, where opposing professionf.il
views and responsible opinion have been
overlooked in the draft statement and
are brought to the agency's attention
through the commenting process, the
agency should review the environmental
effects of the action in light of those.
views and should make a meaningful ref-
erence in the final statement to the exist-
ence of any responsible opposing view
not adequately discussed in the draft
statement, indicating the agency's re-
sponse to the issues raised. All substan-
tive comments received on the draft (or
summaries thereof where response has
been exceptionally voluminous) should
be attached to the final statement,
whether or not each such comment is
thought to merit individual discussion by
the agency in the text of the statement.
(b) Copies of final statements, with
comments attached, shall be sent to all
Federal, State, and local agencies and
private organizations that made substan-
tive comments on the draft statement
and to individuals who requested a copy
of the final statement, as well as any
applicant whose project is the subject of
the statement. Copies of final statements
shall in all cases be sent to the Environ-
mental Protection Agency to assist it in
carrying out its responsibilities under
section 309 of the Clean Air Act: Where
the number of comments on a draft
statement is such that distribution of the
final statement to all commenting enti-
ties appears impracticable, the agency
shall consult with the Council concern-
ing alternative arrangements for distri-
bution of the statement.
§ 1500.11 Transmittal of statements to
the Council; minimum periods for
review; requests by the Council.
(a) As soon as they have been pre-
pared, ten (10) copies of draft environ-
mental statements, five (5) copies of all
comments made thereon (to be for-
warded to the Council by the entity mak-
ing comment at the time comment is for-
warded to the responsible agency), and
ten (10) copies of the final text of envi-
ronmental statements (together with the
substance of all comments received by the-
responsible agency from Federal, State,
and local agencies and from private or-
ganizations and individuals) shall be
supplied to the Council. This will serve
to meet the statutory requirement to
make environmental statements avail-
able to the President. At the same time
that copies of draft and final statements
are sent to the Council, copies should
also be sent to relevant commenting en-
FEDERAL REGISTER, VOL. 38, NO. 147—WEDNESDAY, AUGUST 1, 1973
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RULES AND REGULATIONS
titles as set forth in §§1500.9 and
1500.10
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RULES AND REGULATIONS
20557
Effective date. The revisions of these
guidelines shall apply to all draft and
final impact statements filed with the
Council after January 28,1973.
RUSSELL E. TRAIN,
Chairman.
APPENDIX I—SUMMARY To ACCOMPANY DRAFT
AND FINAL STATEMENTS
(Check one) ( ) Draft. ( ) Final En-
vironmental Statement.
Name of responsible Federal agency (with
name of operating division where appropri-
ate) . Name, address, and telephone number
of individual at the agency who can be con-
tacted for additional information about the
proposed action or the statement.
1. Name of action (Check one) ( ) Ad-
ministrative Action. ( ) Legislative Action.
2. Brief description of action and its pur-
pose. Indicate what States (and counties)
particularly affected, and what other pro-
posed Federal actions in the area, if any, are
discussed In the statement.
3. Summary of environmental impacts and
adverse environmental effects.
4. Summary of major alternatives consid-
ered.
5. (For draft statements) List all Federal,
State, and local agencies and other parties
from which comments have been requested.
(For final statements) List all Federal, State,
and local agencies and other parties from
which written comments have been received.
6. Date draft statement (and final environ-
mental statement, if one has been issued)
made available to the Council and the public.
APPENDIX II—AREAS OF ENVIRONMENTAL IM-
PACT AND FEDERAL AGENCIES AND FEDERAL
STATE AOENCIES * WITH JURISDICTION BY LAW
OR SPECIAL EXPERTISE TO COMMENT
THEREON 2
AIR
Air Quality
Department of Agriculture—
Forest Service (effects on vegetation)
Atomic Energy Commission (radioactive sub-
stances)
Department of Health, Education, and Wel-
fare
Environmental Protection Agency
Department of the Interior—
Bureau of Mines (fossil and gaseous fuel
combustion)
Bureau of Sport Fisheries and Wildlife
(effect on wildlife)
Bureau of Outdoor Recreation (effects on
recreation)
Bureau of Land Management (public
lands)
Bureau of Indian Affairs (Indian lands)
National Aeronautics and Space Administra-
tion (remote sensing, aircraft emissions)
Department of Transportation—
Assistant Secretary for Systems Develop-
ment and Technology (auto emissions)
Coast Guard (vessel emissions)
Federal Aviation Administration (aircraft
emissions)
1 River Basin Commissions (Delaware,
Great Lakes, Missouri, New England, Ohio,
Pacific Northwest, Sourls-Red-Ralny, Sus-
quehanna, Upper Mississippi) and similar
Federal-State agencies should be consulted
on actions affecting the environment of their
specific geographic Jurisdictions.
2 In all cases where a proposed action will
have significant International environmental
effects, the Department of State should be
consulted, and should be sent a copy of any
draft and final Impact statement which cov-
ers such action.
Weather Modification
Department of Agriculture—
Forest Service
Department of Commerce-
National Oceanic and Atmospheric Admin-
istration
Department of Defense—
Department of the Air Force
Department of the Interior
Bureau of Reclamation
WATER RESOURCES COUNCIL
Water Quality
Department of Agriculture—•
Sou Conservation Service
Forest Service
Atomic Energy Commission (radioactive sub-
stances)
Department of the Interior—
Bureau of Reclamation
Bureau of Land Management (public
lands)
Bureau of Indian Affairs (Indian lands)
Bureau of Sports Fisheries and Wildlife
Bureau of Outdoor Recreation
Geological Survey
Office of Saline Water
Environmental Protection Agency
Department of Health, Education, and Wel-
fare
Department of Defense—
Army Corps of Engineers
Department of the Navy (ship pollution
control)
National Aeronautics and Space Administra-
tion (remote sensing)
Department of Transportation—
Coast Guard (oil spills, ship sanitation)
Department of Commerce—
National Oceanic and Atmospheric Admin-
istration
Wate» Resources CouncU
River Basin Commissions (as geographically
appropriate)
Marine Pollution, Commercial Fithery
Conservation, and Shellfish Sanitation
Department of Commerce—
National Oceanic and Atmospheric Admin-
istration
Department of Defense—
Army Corps of Engineers
Office of the Oceanographer of the Navy
Department of Health, Education, and Wel-
fare
Department of the Interior—
Bureau of Sport Fisheries and Wildlife
Bureau of Outdoor Recreation
Bureau of Land Management (outer con-
tinental shelf)
Geological Survey (outer continental shelf)
Department of Transportation—
Coast Guard
Environmental Protection Agency
National Aeronautics and Space Administra-
tion (remote sensing)
Water Resources Council
River Basin Commissions (as geographically
appropriate)
Waterway Regulation and Stream
Modification
Department of Agriculture—
SoU Conservation Service
Department of Defense—
Army Corps of Engineers
Department of the Interior—
Bureau of Reclamation
Bureau of Sport Fisheries and Wildlife
Bureau of Outdoor Recreation
Geological Survey
Department of Transportation—
Coast Guard
Environmental Protection Agency
National Aeronautics and Space Administra-
tion (remote sensing)
Water Resources Council
River Basin Commissions (as geographically
appropriate)
FISH AND WILDLIFE
Department of Agriculture—
Forest Service
Soil Conservation Service
Department of Commerce—
National Oceanic and Atmocpheric Admin-
istration (marine «f«clM)
Department of th« Interior—
Bureau of Sport FMwrie* and Wildlife
Bureau of Land Management
Bureau of Outdoor Recreation
Environmental Protection Agency
SOLID WASTE
Atomic Energy Commission (radioactive
waste)
Department of Defense—
Army Corps of Engineers
Department of Health, Education, and Wel-
fare
Department of the Interior—
Bureau of Mines (mineral waste, mine acid
waste, municipal solid waste, recycling)
Bureau of Land Management (publ.c
lands)
Bureau of Indian Affairs (Indian lands)
Geological Survey (geologic and hydrologic
effects)
Office of Saline Water (demlnerallzatlon)
Department of Transportation—
Coast Guard (ship sanitation)
Environmental Protection Agency
River Basin Commissions (as geographically
appropriate)
Water Resources Council
Department of Commerce—
National Bureau of Standards
Department of Health, Education, and Wel-
fare
Department of Housing and Urban Develop-
ment (land use and building materials
aspects)
Department of Labor—
Occupational Safety and Health Adminis-
tration
Department of Transportation—
Assistant Secretary for Systems Develop-
ment and Technology
Federal Aviation Administration, Office of
Noise Abatement
Environmental Protection Agency
National Aeronautics and Space Administra-
tion
RADIATION
Atomic Energy Commission
Department of Commerce—
National Bureau of Standards
Department of Health, Education, and Wel-
fare '
Department of the Interior—
Bureau of Mines (uranium mines)
Mining Enforcement and Safety Adminis-
tration (uranium mines)
Environmental Protection Agency
HAZARDOUS SUBSTANCES
Toxic Materials
Energy Commission
(radioactive
Atomic
substances)
Department of Agriculture—
Agricultural Research Service
Consumer and Marketing Service
Department of Commerce—
National Oceanic and Atmospheric Ad-
s ministration
Department of Defense
Department of Health, Education, and Wel-
fare
Environmental Protection Agency
Xo. 147—Pt. n-
FEDERAL REGISTER, VOL. 38, NO. 147—WEDNESDAY, AUGUST 1, 1973
-44-
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20558
RULES AND REGULATIONS
Food Additives and Contamination of
Foodstuffs
Department of Agriculture—
Consumer and Marketing Service (meat
and poultry products)
Department of Health, Education, and Wel-
fare
Environmental Protection Agency
Pesticides
Department of Agriculture—
Agricultural Research Service (biological
controls, food and fiber production)
Consumer and Marketing Service
Forest Service
Department of Commerce—
National Oceanic and Atmospheric Ad-
ministration
Department of Health, Education, and Wel-
fare
Department of the Interior—
Bureau of Sport Fisheries and Wildlife
(fish and wildlife effects)
Bureau of Land Management (public
lands)
Bureau of Indian Affairs (Indian lands)
Bureau of Reclamation (Irrigated lands)
Environmental Protection Agency
Transportation and Handling of Hazardous
Materials
Atomic Energy Commission (radioactive sub-
stances)
Department of Commerce—
Maritime Administration
National Oceanic and Atmospheric Ad-
ministration (effects on marine life and
the coastal zone)
Department of Defense—
Armed Services Explosive Safety Board
Army Corps of Engineers (navigable
waterways)
Department of Transportation—
Federal Highway Administration, Bureau
of Motor Carrier Safety
Coast -Guard
Federal Railroad Administration
Federal Aviation Administration
Assistant Secretary for Systems Develop-
ment and Technology
Office of Hazardous Materials
Office of Pipeline Safety
Environmental Protection Agency
ENGERY SUPPLY AND NATURAL RESOURCES
DEVELOPMENT
Electric Energy Development, Generation,
and Transmission, and Vse
Atomic Energy Commission (nuclear)
Department of Agriculture—
Rural Electrification Administration
(rural areas)
Department of Defense—
Army Corps of Engineers (hydro)
Department of Health, Education, and Wel-
fare (radiation effects)
Department of Housing and Urban Develop-
ment (urban areas)
Department of the Interior—
Bureau ot Indian Affaire (Indian lands)
Bureau of Land Management (public
lands)
Bureau of Reclamation
Power Marketing Administrations
Geological Survey
Bureau of Sport Fisheries and Wildlife
Bureau of Outdoor Recreation
National Park Service
Environmental Protection Agency
Federal Power Commission (hydro, transmis-
sion, and supply)
River Basin Commissions (as geographically
appropriate)
Tennessee Valley Authority
Water Resources Council
Petroleum Development, Extraction,
Refining, Transport, and Vse.
Department of the Interior—
Office of Oil and Gas
Bureau of Mines
Geological Survey
Bureau of Land Management (public lands
and outer continental shelf)
Bureau of Indian Affairs (Indian lands)
Bureau of Sport Fisheries and Wildlife
(effects on fish and wildlife)
Bureau of Outdoor Recreation
National Park Service
Department of Transportation (Transport
and Pipeline Safety)
Environmental Protection Agency
Interstate Commerce Commission
Natural Gas Development, Production,
Transmission, and Use
Department of Housing and Urban Develop-
ment (urban areas)
Department of the Interior—
Office of Oil and Gas
Geological Survey
Bureau of Mines
Bureau of Land Management (public
lands)
Bureau of Indian Affairs (Indian lands)
Bureau of Sport Fisheries and Wildlife
Bureau of Outdoor Recreation
National Park Service
Department of Transportatir • (transport
and safety)
Environmental Protection Agency
Federal Power Commission (production,
transmission, and supply)
Interstate Commerce Commission
CooZ and Minerals Development, Mining,
Conversion, Processing, Transport, and Use
Appalachian Regional Commission
Department of Agriculture—
Forest Service
Department of Commerce
Department of the Interior—
Office of Coal Research
Mining Enforcement and Safety Adminis-
tration
Bureau of Mines
Geological Survey
Bureau of Indian Affairs (Indian lands)
Bureau of .Land Management (public
lands)
Bureau of Sport Fisheries and Wildlife
Bureau of Outdoor Recreation
National Park Service
Department of Labor—
Occupational Safety and Health Adminis-
tration
Department of Transportation
Environmental Protection Agency
Interstate Commerce Commission
Tennessee Valley Authority
Renewable Resource Development, Produc-
tion, Management, Harvest, Transport, and
Use
Department of Agriculture—
Forest Service
Soil Conservation Service
Department of Commerce
Department of Housing and Urban Develop-
ment (building materials)
Department of the Interior—
Geological Survey
Bureau of Land Management (public
lands)
Bureau of Indian Affairs (Indian lands)
Bureau of Sport Fisheries and Wildlife
Bureau of Outdoor Recreation
National Park Service
Department of Transportation
Environmental Protection Agency
Interstate Commerce Commission (freight
rates)
Energy and Natural Resources Conservation
Department of Agriculture—
Forest Service
Soil 9onservatlon Service
Department of Commerce—
National Bureau of Standards (energy
efficiency)
Department of Housing and Urban Devel-
opment—
Federal Housing Administration, (housing
standards)
Department of the Interior—
Office of Energy Conservation
Bureau of Mines
Bureau of Reclamation
Geological Survey
Power Marketing Administration
Department of Transportation
Environmental Protection Agency
Federal Power Commission
General Services Administration (design and
operation of buildings)
Tennessee Valley Authority
LAND USE AMD MANAGEMENT
Land Use Changes, Planning and Regulation
of Land Development
Department of Agricuture—
Forest Service (forest lands)
Agricultural Research Service (agricultural
lands)
Department of Housing and Urban Develop-
ment
Department of the Interior—
Office of Land Use and Water Planning
Bureau of Land Management (public la
Bureau of Land Management (public
lands)
Bureau of Indian Affairs (Indian lands)
Bureau of Sport Fisheries and Wildlife
(wildlife refuges)
Bureau of Outdoor Recreation (recreation
lands)
National Park Service (NFS units)
Department of Transportation
Environmental Protection Agency (pollution
effects)
National Aeronautics and Space Administra-
tion (remote sensing)
River Basins Commissions (as geographically
appropriate).
Public Land tla.nageni.ent
Department of Agriculture—
Forest Service (forests)
Department of Defense
Department of the Interior—
Bureau of Land Management
Bureau of Indian Affairs (Indian lands)
Bureau of Sport Fisheries and Wildlife
(wildlife refuges)
Bureau of Outdoor Recreation (recreation
lands)
National Park Service (NFS units)
Federal Power Commission (project.lands)
General Services Administration
National Aeronautics and Space Administra-
tion (remote sensing)
Tennessee Valley Authority (project lands)
PROTECTION OF ENVIRONMENTALLY CRITICAL
AREAS—FLOODPLAINS, WETLANDS, BEACHES
AND DUNES, UNSTABLE SOILS, STEEP SLOPES,
AQT.TFER RECHARGE AREAS, ETC.
Department of Agriculture—
Agricultural Stabilization and Conserva-
tion Service
Soil Conservation Service
Forest Service
•Department of Commerce—
National Oceanic and Atmospheric Admin-
istration (coastal areas)
Department of Defense—
Army Corps of Engineers
Department of Housing and Urban Develop-
ment (urban and floodplaln areas)
FEDERAL REGISTER, VOl. 38, NO. 147—WEDNESDAY, AUGUST 1, 1973
-45-
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RULES AND REGULATIONS
20559
Department of the Interior—
Office of Land Use and Water Planning
Bureau of Outdoor Recreation
Bureau of Reclamation
Bureau of Sport Fisheries and Wildlife
Bureau of Land Management
Geological Survey
Environmental Protection Agency (pollution
effects)
National Aeronautics and Space Administra-
tion (remote sensing)
River Basins Commissions (as geographically
appropriate)
Water Resources Council
LAND USE IN COASTAL AREAS
Department of Agriculture—
Forest Service
Soil Conservation Service (soil stability,
hydrology)
Department of Commerce—
National Oceanic and Atmospheric Admin-
istration (impact on marine life and
coastal zone management)
Department of Defense-
Army Corps of Engineers (beaches, dredge
and fill permits, Refuse Act permits)
Department of Housing and Urban Develop-
ment (urban areas)
Department of the Interior—
Office of Land Use and Water Planning
Bureau of Sport Fisheries and Wildlife
National Park Service
Geological Survey
Bureau of Outdoor Recreation
Bureau of Land Management (public
lands)
Department of Transportation—
Coast Guard (bridges, navigation)
Environmental Protection Agency (pollution
effects)
National Aeronautics and Space Administra-
tion (remote sensing)
REDEVELOPMENT AND CONSTRUCTION IN
BUILT-UP AREAS
Department of Commerce—
Economic Development Administration
(designated areas)
Department of Housing and Urban Develop-
ment
Department of the Interior—
Office of Land Use and Water Planning
Department of Transportation
Environmental Protection Agency
General Services Administration
Office of Economic Opportunity
DENSITY AND CONGESTION MITIGATION
Department of Health, Education, and Wel-
fare
Department of Housing and Urban Develop-
ment
Department of the Interior—
Office of Land Use and Water Planning
Bureau of Outdoor Recreation
Department of Transportation
Environmental Protection Agency
NEIGHBORHOOD CHARACTER AND CONTINUITY
Department of Health, Education, and Wel-
fare
Department of Housing and Urban Develop-
ment
National Endowment for the Arts
Office of Economic Opportunity
IMPACTS ON LOW-INCOME POPULATIONS
Department of Commerce—
Economic Development Administration
(designated areas)
Department of Health, Education, and Wel-
fare
Department of Housing and Urban Develop-
ment
Office of Economic Opportunity
HISTORIC, ARCHITECTURAL, AND ARCHEOLOGICAL
PRESERVATION
Advisory Council on Historic Preservation
Department of Housing and Urban Develop-
ment
Department of the Interior—
National Park Service
Bureau of Land Management (public
lands)
Bureau of Indian Affairs (Indian lands)
General Services Administration
National Endowment for the Arts
Son. AND PLANT CONSERVATION AND
HYDROLOGY
Department of Agriculture-
Soil Conservation Service
Agricultural Service
Forest Service
Department of Commerce—•
National Oceanic and Atmospheric Admin-
istration
Department of Defense—
Army Corps of Engineers (dredging,
aquatic plants)
Department of Health, Education, and Wel-
fare
Department of the Interior—
Bureau of Land Management
Bureau of Sport Fisheries and Wildlife
Geological Survey
Bureau of Reclamation
Environmental Protection Agency
National Aeronautics and Space Administra-
tion (remote sensing)
River Basin Commissions (as geographically
appropriate)
Water Resources Council
OUTDOOR RECREATION
Department of Agriculture—
Forest Service
Soil Conservation Service
Department of Defense—•
Army Corps of Engineers
Department of Housing and Urban Develop-
ment (urban areas)
Department of the Interior—
Bureau of Land Management
National Park Service
Bureau of Outdoor Recreation
Bureau of Sport Fisheries and Wildlife
Bureau of Indian Affairs
Environmental Protection Agency
National Aeronautics and Space Administra-
tion (remote sensing)
River Basin Commissions (as geographically
appropriate)
Water Resources Council
APPENDIX in—OFFICES WITHIN FEDERAL
AGENCIES AND FEDERAL-STATE AGENCIES FOR
INFORMATION REGARDING THE AGENCIES'
NEPA ACTIVITIES AND FOR RECEIVING OTHER
AGENCIES' IMPACT STATEMENTS FOR WHICH
COMMENTS ARE REQUESTED
ADVISORY COUNCIL ON HISTORIC PRESERVATION
Office of Architectural and Environmental
Preservation, Advisory Council on Historic
Preservation, Suite 430, 1522 K Street,
N.W., Washington, D.C. 20005 254-3974
Regional Administrator, I,
U.S. Environmental Protection Agency
Room 2303, John F. Kennedy
Federal Bldg., Boston, Mass. 02203,
(617) 223-7210
Regional Administrator, II,
U.S. Environmental Protection Agency
Room 908, 26 Federal Plaza
New York, New York 10007
(212) 264-2525
DEPARTMENT OP AGRICULTURE l
Office of the Secretary, Attn: Coordinator
Environmental Quality Activities, U.S. De-
partment of Agriculture, Washington, D.C.
20250 447-3965
APPALACHIAN REGIONAL COMMISSION
Office of the, Alternate Federal Co-Chairman,
Appalachian Regional Commission, 1666
Connecticut Avenue, N.W., Washington,
D.C. 20235 967-4103
DEPARTMENT OF THE ARMY (CORPS OF
ENGINEERS)
Executive Director of Civil Works, Office of
the Chief of Engineers, U.S. Army Corps of
Engineers, Washington, D.C. 20314 693-
7168
ATOMIC ENERGY COMMISSION
For nonregulatory matters: Office/of Assistant
General Manager for Biomedlcal and En-
vironmental Research and Safety Pro-
grams, Atomic Energy Commission, Wash-
ington, D.C. 20545 973-3208
For regulatory matters: Office of the Assist-
ant Director for Environmental Projects,
Atomic Energy Commission, Washington,
D.C. 20545 973-7531
DEPARTMENT OF COMMERCE
Office of the Deputy Assistant Secretary for
Environmental Affairs, U.S. Department of
Commerce, Washington, D.C. 20230 967-
4335
DEPARTMENT OF DEFENSE
Office of the Assistant Secretary for Defense
(Health and Environment), U.S. Depart-
ment of Defense, Room 3E172, The Penta-
gon, Washington, D.C. 20301 697-2111'
DELAWARE RIVER BASIN COMMISSION
Office of the Secretary, Delaware River
Basin Commission, Post Office Box 360,
Trenton, N.J. 08603 (609) 883-9500
ENVIRONMENTAL PROTECTION AGENCY -
Director, Office of Federal Activities, Environ-
mental Protection Agency, 401 M Street,
S.W., Washington, D.C. 20460 755-0777
1 Requests for comments or information
from individual units of the Department of
Agriculture, e.g., Soil Conservation Service,
Forest Service, etc. should be sent to the
Office of the Secretary, Department of Agri-
culture, at the address given above.
3 Contact the Office of Federal Activities
for environmental statements concerning
legislation, regulations, national program
proposals or other major policy issues.
For all other EPA consultation, contact the
Regional Administrator in whose area the
proposed action (e g., highway or water re-
source construction projects) will take place;
The Regional Administrators will coordinate
the EPA review. Addresses of the Regional
Administrators, and the areas covered by
their regions are as follows:
Connecticut, Maine, Massachusetts, New
Hampshire, Rhode Island, Vermont
New Jersey, New York, Puerto Rico, Virgin
Islands
FEDERAL REGISTER, VOL. 38, NO. 147—WEDNESDAY, AUGUST 1, 1973
-46-
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20560
RULES AND REGULATIONS
Regional Administrator, III,
U.S. Environmental Protection Agency
Curtis Bldg., 6th & Walnut Sts.
Philadelphia, Pa. 19106
(215) 597-9801
Regional Administrator, IV,
U.S. Environmental Protection Agency
1421 Peach tree Street
N.E., Atlanta, Ga. 30309
(404) 526-5727
Regional Administrator V,
U.S. Environmental Protection Agency
1 N. Wacker Drive
Chicago, Illinois 60606
(312) 353-5250
Regional Administrator VI,
U.S. Environmental Protection Agency
1600 Patterson Street
Suite 1100
Dallas, Texas 75201
(214) 749-1962
Regional Administrator VII,
U S. Environmental Protection Agency
1735 Baltimore Avenue
Kansas City, Missouri 64108
(816) 374-5493
Regional Administrator VIII,1
U S. Environmental Protection Agency
Suite 900, Lincoln Tower
1860 Lincoln Street
Denver, Colorado 80203
(303) 837-3895
Regional Administrator IX,
U.S. Environmental Protection Agency
100 California Street
San Francisco, California 94111
(415) 556-2320
Regional Administrator X,
U.S. Environmental Protection Agency
1200 Sixth Avenue
Seattle, Washington 98101
(206) 442-1220
Delaware, Maryland, Pennsylvania, Virginia,
West Virginia, District of Columbia
Alabama. Florida, Georgia, Kentucky Missis-
sippi, North Carolina, South Carolina, Ten-
nessee
Illinois, Indiana, Michigan, Minnesota, Ohio,
Wisconsin
Arkansas, Louisiana, New Mexico, Texas,
Oklahoma
Iowa, Kansas, Missouri, Nebraska
Colorado, Montana, North Dakota, South
Dakota, Utah, Wyoming
Arizona, California, Hawaii, Nevada, Ameri-
can Samoa, Guam, Trust Territories of
Pacific Islands, Wake Island
Alaska, Idaho, Oregon, Washington
DEPARTMENT OF HOUSING AND UBBAN
DEVELOPMENT *
Director, Office of Community and Envlron-
,mental Standards, Department or Hous-
ing and Urban Development, Room 7206,
Washington, D.C. 20410
755-5980
FEDERAL POWER COMMISSION
Commission's Advisor on Environmental
Quality, Federal Power Commission, 825 N.
Capitol Street, N.E., Washington, D.C. 20426
386-6084
GENERAL SERVICES ADMINISTRATION
Office of Environmental Affairs, Office of the
Deputy Administrator for Special Projects,
General Services Administration, Washing-
ton, D.C. 20405 343-4161
GREAT LAKES BASIN COMMISSION
Office of the Chairman, Great Lakes Basin
Commission, 3475 Plymouth Road, P.O. Box
999, Ann Arbor, Michigan 48105 (313) 769-
7431
DEPARTMENT OF HEALTH, EDUCATION
AND WELFARE 3
Office of Environmental Affairs, Office of the
Assistant Secretary for Administration and
Management, Department of Health, Edu-
cation and Welfare, Washington, D.C. 20202
963-4456
'Contact the Office of Environmental Af-
fairs for inJormation on HEW's environmen-
tal statements concerning legislation, regu-
lations, national program proposals or other
major policy Issues, and for all requests for
HEW comment on Impact statements of
other agencies.
For information with respect to HEW ac-
tions occurring within the jurisdiction of the
Departments' Regional Directors, contact the
appropriate Regional Environmental Officer:
Region I:
Regional Environmental Officer
U.S Department of Health, Education
and Welfare
Room 2007B
John F. Kennedy Center
Boston, Massachusetts 02203 (617) 223-
6837
Region II:
Regional Environmental Officer
U.S. Department of Health, Education
and Welfare
Federal Building
26 Federal Plaza
New York, New York 10007 (212) 264-
1308
Region III:
Regional Environmental Officer
U.S. Department of Health, Education
and Welfare
P.O. Box 13716
Philadelphia, Pennsylvania 19101 (215)
597-6498
Region IV:
Regional Environmental Officer
U.S. Department of Health, Education
and Welfare
Room 404
50 Seventh Street, N.E.
Atlanta, Georgia 30323 (404) 626-5817
Region V:
Regional Environmental Officer
U.S. Department of Health, Education
and Welfare
Room 712, New Post Office Building
433 West Van Buren Street
Chicago, Illinois 60607 (312) 353-1644
Region VI:
Regional Environmental Officer
U.S. Department of Health, Education
and Welfare
1114 Commerce Street
Dallas, Texas 75202 (214) 749-2236
Region VII:
Regional Environmental Officer
U.S. Department of Health, Education
and Welfare
601 East 12th Street
Kansas City, Missouri 64106 (816) 374-
3584
Region VIII:
Regional Environmental Officer
U.S. Department of Health, Education
and Welfare
9017 Federal Building
19th and Stout Streets
Denver, Colorado 80202 (303) '837-4178
Region IX;-
Regional Environmental Officer
U.S. Department of Health, Education
and Welfare
50 FUlton Street
San Francisco, California 94102 (415)
556-1970
Region X:
Regional Environmental Officer
U.S. Department of Health, Education
and Welfare
Arcade Plaza Building
1321 Second Street
Seattle, Washington 98101 (206) 442-
0490
«Contact the Director with regard to en-
vironmental impacts of legislation, policy
statements, • program regulations and pro-
cedures, and precedent-making project de-
cisions. For all other HUD consultation, con-
tact the HUD Regional Administrator In
whose Jurisdiction the project lies, as fol-
lows:
Regional Administrator I,
Environmental Clearance Officer
U S. Department of Housing and Urban
Development
Room 405, John F. Kennedy Federal
Building
Boston, Mass. 02203 (617) 223-4066
Regional Administrator n,
Environmental Clearance Officer
U.S. Department of Housing and Urban
Development
26 Federal Plaza
New York, New York 10007 (212) 264-
8068
Regional Administrator III,
Environmental Clearance Officer
U.S. Department of Housing and Urban
Development
Curtis Building, Sixth and Walnut
Street
Philadelphia, Pennsylvania 19106 (215)
597-2560
Regional Administrator IV,
Environmental Clearance Officer
U.S. Department of Housing and Urban
Development
Peachtree-Seventh Building
Atlanta, Georgia 30323 (404) 526-5586
Regional Administrator V,
Environmental Clearance Officer
U.S. Department of Housing and Urban
Development
360 North Michigan Avenue
Chicago, Illinois 60601 (313) 353-5680
FEDERAL REGISTER, VOL. 38, NO. 147—WEDNESDAY, AUGUST 1, 1973
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RULES AND REGULATIONS
20561
DEPARTMENT Or THE INTERIOR5
Director, Office of Environmental Project Re-
view, Department of the Interior, Interior
Building, Washington, D.C. 20240 343-
3891
INTERSTATE COMMERCE COMMISSION
Office of Proceedings, Interstate Commerce,
Commission, Washington, D.C. 20423
343-6167
DEPARTMENT OF LABOR
Assistant Secretary for Occupational Safety
and Health, Department of Labor, Wash-
ington, D.C. 20210
961-3405
MISSOURI RIVER BASINS COMMISSION
Office of the Chairman, Missouri River Basins
Commission, 10050 Regency Circle, Omaha,
Nebraska 68114
(402) 397-5714
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
Office of the Comptroller, National Aeronau-
tics and Space Administration, Washing-
ton, D.C. 20546
755-8440
NATIONAL CAPITAL PLANNING COMMISSION
Office of Environmental Affairs, Office of the
Executive Director, National Capital Plan-
ning Commission, Washington, D.C. 20576
382-7200
NATIONAL ENDOWMENT FOR THE ARTS
Office of Architecture and Environmental
Arts Program, National Endowment for the
Arts, Washington, D.C- 20506
382-5765
NEW ENGLAND RIVER BASINS COMMISSION
Office of the Chairman, New England River
Basins Commission, 55 Court Street, Bos-
ton, Mass. 02108
(617) 223-6244
Regional Administrator VI,
Environmental Clearance Officer
U.S. Department of Housing and Ur-
ban Development
Federal Office Building, 819 Taylor
Street
Fort Worth, Texas 76102 (817) 334-2867
Regional Administrator VH,
Environmental Clearance Officer
U.S. Department of Housing and Urban
Development
911 Walnut Street
Kansas City, Missouri 64106 (816) 374-
2661
Regional Administrator Vin,
Environmental Clearance Officer
U.S. Department of Housing and Urban
Development
Samsonite Building, 1051 South Broad-
way
Denver, Colorado 80209 (303) 837-4061
Regional Administrator IX,
Environmental Clearance Officer
U.S. Department of Housing and Urban
Development
450 Golden Gate Avenue, Post Office Box
36003
San Francisco, California 94102 (415)
556-4752
Regional Administrator X,
Environmental Clearance Officer
U.S. Department of Housing and Urban
Development
Room 226, Arcade Plaza Building
Seattle, Washington 98101 (206) 583-
5415
9 Requests for comments or Information
from individual units of the Department of
the Interior should be sent to the Office of
Environmental Project Review at the address
given above.
OFFICE OF ECONOMIC OPPORTUNITY
Office of the Director, Office of Economic
Opportunity, 1200 19th Street, N.W., Wash-
ington, D.C. 20506
254-6000
OHIO RIVER BASIN COMMISSION
Office of the Chairman, Ohio River Basin
Commission, 36 East 4th Street, Suite 208-
20, Cincinnati, Ohio 45202
(513) 684-3831
PACIFIC NORTHWEST RIVER BASINS
COMMISSION
Office of the Chairman, Pacific Northwest
River Basins Commission. 1 Columbia
River, Vancouver, Washington 98660
(206) 695-3606
SOURIS-RED-RAINY RIVER BASINS COMMISSION
Office of the Chairman, Souris-Red-Rainy
River Basins Commission, Suite 6, Profes-
sional Building, Holiday Mall, Mcorhead,
Minnesota 56560
(701) 237-5227
DEPARTMENT OF STATE
Office of the Special Assistant to the Secre-
tary for Environmental Affairs, Department
of State, Washington, D.C. 20520
632-7964
EUSQUEHANNA RIVER BASIN COMMISSION
Office of the Executive Director, Susquehanna
River Basin Commission, 5cfl2 Lender
Street, Mechanicsburg, Pa. 17055
(717) 737-0501
TENNESSEE VALLEY AUTHORITY
Office of the Director of Environmental Re-
search and Development, Tennessee Valley
Authority, 720 Edney Building, Chatta-
nooga, Tennessee 37401 (615) 755-2002
DEPARTMENT OF TRANSPORTATION •
Director, Office of Environmental "Quality,
Office of the Assistant Secretary for En-
vironment, Safety, and Consumer Affairs,
Department of Transportation, Washing-
ton, D.C. 20590 426-4357
•Contact the Office of Environmental
Quality, Department of Transportation, for
information on DOT'S environmental state-
ments concerning legislation, regulations, na-
tional program proposals, or other major
policy issues.
For Information regarding the Department
of Transportation's other environmental
statements, contact the national office for
the appropriate administration:
U.S. Coast Guard
Office of Marine Environment and Systems,
U.S. Coast Guard, 400 7th Street, S.W.,
Washington, D.C. 20590, 426-2007
Federal Aviation Administration
Office of Environmental Quality, Federal
Aviation Administration, 800 Independence
Avenue, S.W., Washington, D.C. 20591,
426-8406
Federal Highway Administration
Office of Environmental Policy, Federal
Highway Administration, 400 7th Street,
S.W., Washington, D.C. 20590, 426-0351
Federal Railroad Administration
Office of Policy and Plans, Federal Railroad
Administration, 400 7th Street, S.W., Wash-
ington, D.C. 20590, 426-1567
Vrban Mass Transportation Administration
Office of Program Operations, Urban Mass
Transportation Administration, 400 7th
Street, S.W., Washington, D.C. 20590, 426-
4020
For other administration's not listed above,
contact the Office of Environmental Quality,
Department of Transportation, at the ad-
dress given above.
For comments on other agencies' environ-
mental statements, contact the appropriate
administration's regional office. If more than
one administration within the Department
of Transportation is to be requested to
comment, contact the Secretarial Represent-
ative In the appropriate Regional Office for
coordination of the Department's comments:
SECRETARIAL REPRESENTATIVE
Region I Secretarial Representative. U.S. De-
partment of Transportation, Transporta-
tion Systems Center. 55 Broadway, Cam-
bridge, Massachusetts 02142 (617) 494-
2709
Region II Secretarial Representative. U S
Department of Transportation, 26 FedTai
Plaza, Room 1811. New York, New York
10007 (212) 264-2672
Region III Secretarial Representative ITS
Department of Transportation. Mall Bu.Id-
ing, Suite 1214, 325 Chestnut Street, Phila-
delphia, Pennsylvania 19106 (215) 597-0407
Region IV Secretarial Representative. U S.
Department of Transportation. Suite >15,
1720 Peachtree Rd., N.W. Atlanta. Georgia
30309 (404) 526-3738
Region V Secretarial Representative. U S.
Department of Transportation. 17th Floor.
30O S. Wacker Drive, Chicago, Illinois
60606 (312) 353-4000
Region V Secretarial Representative, U.S De-
partment of Transportation, 9-C-18 Federal
Center, 1100 Commerce Street, Dallas,
Texas 75202 (214) 749-1851
Region VII Secretarial Representative, U S.
Department of Transportation. 601 E. 12th
Street, Room 634. Kansas City, Missouri
64106 (816) -874-2761
Region VIII Secretarial Representative. US
Department of Transportation, Prudential
Plaza, Suite 1822, 1050 17th Street, Denver,
Colorado 80225 (303) 837-3242
Region IX Secretarial Representative,. US
Department of Transportation, 450 Golden
Gate Avenue, Box 36133, San Francisco,
California 94102 (415) 556-5961
Region X Secretarial Representative, U.S
Department of Transportation, 1321 Sec-
ond Avenue, Room 507, Seattle, Washington
98101 (206) 442-0590
FEDERAL AVIATION ADMINISTRATION
New England Region, Office of the Regional
Director. Federal Aviation Administration,
154 Middlesex Street, Burlington, Massa-
chusetts 01803 (617) 272-2350
Eastern Region, Office of the Regional Direc-
tor, Federal Aviation Administration, Fed-
eral Building, JFK International Airport,
Jamaica. New York 11430 (212) 995-3333
Southern Region, Office of the Regional Di-
rector, Federal Aviation Administration,
P.O. Box 20636, Atlanta, Georgia 30320
(404) 526-7222
Great Lakes Region, Office of the Regional
Director, Federal Aviation Administration,
2300 East Devon, Des Plaines, Illinois 60018
(312) 694-4500
Southwest Region, Office of the Regional Di-
rector, Federal Aviation Administration,
P.O. Box 1689, Fort Worth, Texas 76101
(817) 624-4911
Central Region, Office of the Regional Direc-
tor, Federal Aviation Administration, 601
E. 12th Street, Kansas City, Missouri 64106
(816) 374-5626
Rocky Mountain Region, Office of the Re-
gional Director, Federal Aviation Admin-
istration, Park Hill Station, P.O. Box 7213,
Denver, Colorado 80207 (303) 837-3646
Western Region, Office of the Regional Direc-
tor, Federal Aviation Administration, P.O.
Box 92007, WorldWay Postal Center, Los
Angeles, California 90009 (213) 536-6427
FEDERAL REGISTER, VOL. 38, NO. 147—WEDNESDAY, AUGUST 1, 1973
-48-
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20562
RULES AND REGULATIONS
Northwest Region, Office of the Regional Di-
rector, Federal Aviation Administration,
FAA Building, Boeing Weld, Seattle, Wash-
ington 98108 (306) 767-2780 /
fXDISAL BIGHWAT ADMINISTRATION
Region 1, Regional Administrator, Federal
Highway Administration, 4 Normanskill
Boulevard, Delmar, New York 12064 (518)
473-6476
Region 3, Regional Administrator, Federal
Highway Administration, Room 1621,
George B. Fallen Federal Office Building,
31 Hopkins Plaza, Baltimore, Maryland
31201 (301) 962-2361
Region 4, Regional Administrator, Federal
Highway Administration, Suite 200, 1720
Peachtre* Road, N.W., Atlanta, Georgia
30309 (404) 626-5078
Region 5, Regional Administrator, Federal
Highway Administration, Dixie Highway,
Homewood, Illinois 60430 (312) 799-6300
Region 6, Regional Administrator, Federal
Highway Administration, 819 Taylor Street,
Fort Worth, Texas 70102 (817) 334-3232
Region 7, Regional Administrator, Federal
Highway Administration, P.O. Box 7186,
Country Club Station, Kansas City, Mis-
souri 64113 (816) 361-7663
Region 8, Regional Administrator, Federal
Highway Administration, Room 242, Build-
Ing 40, Denver Federal Center, Denver, Co-
lorado 80300
Region 9, Regional Administrator, Federal
Highway Administration, 450 Golden Gate
Avenue, Box 36096, Ban Francisco, Califor-
nia 64102 (416) 666-3895
Region 10, Regional Administrator, Federal
Highway Administration, Room 412, Mo-
hawk Building, 333 8.W. Morrison Street,
Portland, Oregon 97204 (603) 221-2066
VBBAN MASS nUNSTOBTATION AMHNISntATION
Region I, Office of the UMTA Representative,
Urban Mass Transportation Administra-
tion, Transportation Systems Center, Tech-
nology Building, Room 277, 66 Broadway,
Boston, Massachusetts 02142 (617) 494-
3066
Region n, Office of the UMTA Representative,
Urban Mass Transportation Administra-
tion, 36 Federal Plaza, Suite 1809. New
York. New York 10007 (212) 264-8162
Region HI, Office of the UMTA Representa-
tive, Urban Mass Transportation Adminis-
tration, Mall Building, Suite 1214, 326
Chestnut Street, Philadelphia, Pennsyl-
vania 19106 (316) 697-0407
Region IV, Office of UMTA Representative,
Urban Mass Transportation Administra-
tion, 1720 Feachtree Road, Northwest,
Suite 501, Atlanta, Georgia 30309 (404)
626-3948
Region V, Office of the UMTA Representative,
Urban Mass Transportation Administra-
tion, 300 South Wacker Drive,. Suite 700,
Chicago, Illinois 60606 (312) 353-6005
Region VI, Office of the UMTA Repreventa-
tive, Urban Mass Transportation Admin-
istration, Federal Center, Suite 9E24, 1100
Commerce Street, Dallas, Texas 75202 (214)
749-7322
Region VII, Office of the UMTA Representa-
tive, Urban Mass Transportation Adminis-
tration, c/o FAA Management Systems Di-
vision, Room 1564D, 601 East 12th Street,
Kansas City, Missouri 64106 (816) 374-
6567
Region VIII, Office of the UMTA Representa-
tive, Urban Mass Transportation Adminis-
tration, Prudential Plaza, Suite 1822, 1050
17th Street, Denver, Colorado 80202 (303)
837-3242
Region IX, Office of the UMTA Representa-
tive, Urban Mass Transportation Adminis-
tration, 450 Golden Gate Avenue, Box
36125, San Francisco, California 94102 (415)
656-2884
Region X, Office of the UMTA Representative,
Urban Mass Transportation Administra-
tion, 1321 Second Avenue, Suite 5079, Seat-
tle, Washington (206) 442-0590
DEPARTMENT OF THE TREASURY
Office of Assistant Secretary for Administra-
tion, Department of the Treasury, Wash-
ington, D.C. 20220 964-5391
UPPER MISSISSIPPI RIVER BASIN COMMISSION
Office of the Chairman, Upper Mississippi
River Basin Commission, Federal Office
Building, Fort Snelling, Twin Cities, Min-
nesota 55111 (612) 725-4690
WATER RESOURCES COUNCIL
Office of the Associate Director, Wivter Re-
sources Council, 2120 L Street, N.W., Suite
800, Washington, D.C. 20037 254-6442
APPENDIX IV — STATE AND LOCAL AGENCY
or IMPACT STATEMENTS
1. OMB Circular No. A-95 through its sys-
tem of clearinghouses provides a means for
securing the views of State and local environ-
mental agencies, which can assist In the prep-
aration of Impact statements. Under A-S5,
review of the proposed project in the case of
federally assisted projects (Part I of A-85)
generally takes place prior to the preparation
of the Impact statement. Therefore, com-
ments on the environmental effects of the
proposed project that are secured during
this stage of the A-95 process represent In-
puts to the environmental Impact statement.
2. In the case of direct Federal develop-
ment (Part II of A-9B), Federal agencies are
required to consult with clearinghouses at
the earliest practicable time in the planning
of the project or activity. Where such con-
sultation occurs prior to completion of the
draft impact statement, comments lelating
to the environmental effects of the proposed
action would also represent Inputs to the en-
vironmental impact statement.
3. In either case, whatever comments are
made on environmental effects of proposed
Federal or federally assisted projects by clear-
inghouses, or by State and local environ-
mental agencies through clearinghouses, In
the course of the A-96 review should t« at-
tached to the draft Impact statement when
It is circulated for review. Copies of the utate-
ment should be sent to the agencies making
such comments. Whether those agencies then
elect to. comment again on the basis of the
draft impact statement is a matter to be
left to the discretion of the commenting
agency depending on its resources, the signifi-
cance of the project, and the extent to which
Its earlier comments were considered In pre-
paring the draft statement.
4. The clearinghouses may also be used,
by mutual agreement, for securing reviews
of the draft environmental Impact state-
ment. However, the Federal agency may wish
to deal directly with appropriate State or
local agencies in the review of Impact state-
ments because the clearinghouses may be
unwilling or unable to handle this phase of
the process. In some cases, the Governor may
have designated a specific agency, other than
the clearinghouse, for securing reviews of im-
pact statements. In any case, the clearing-
houses should be sent copies of the Impact
statement.
5. TO aid clearinghouses In coordinating
State and local comments, draft statements
should include copies of State and local
agency comments made earlier under the
A-95 process and should Indicate on the sum-
mary sheet those other agencies from which
comments have been requested, as specified
in Appendix I of the CBQ Guidelines.
[FR Doc.73-16783 Filed 7-31-73;8:45 am]
HDEIM UMSra, VOU 31, NO. )47—WEONESOAT. AUGUST J. JOT*
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ERRATA SHEET
The Federal Register publication of the Council on
Environmental Quality Guidelines contains the following
typesetting errors.
Table of Contents:
Section 1500.6 (a):
Section 1500.6(c):
Section 1500.6 (c) (iii)
Section 1500 6 (e):
Sectipn 1500.7(a):
Section 1500.8(a)(1)
Section 1500.9(a):
(1) Section 1500.9 should read
"Review of draft environmental
statements by Federal, Federal-
State, State, and local agencies,
and by the public."
(2) The word "Sec." after Section
1500.14 should be deleted.
"enviornmental" should read
"environmental".
"(see § 1500.5 ii)" should read
"(see § 1500. 5 (a) (2))".
"paragraph (c)(4)(ii)" should
read "paragraph (ii)".
"§ 1500.6(c) (4) (ii)" should read
"§ 1500.6(c) (ii)".
"§ 1500.6(c)(c)(ii)" should read
"§ 1500.6(c) (ii)".
"see paragraph (a) (1) (3) (ii)"
should read "see paragraph (3)(ii)"
" (a) Federal ag-:n.\ review. (1) /;:"
should T-ear " (a) federal agency
review: in.".
Section 1500.9(c)
Effective Date:
"securning" should read "securing".
The effective date should read
January 28, 1974, not January 28,
1973.
-50-
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-2-
Appendix I: "WATER RESOURCES COUNCIL" appearing
after the heading Weather Modification
should be aligned with' the left hand
margin and read "Water Resources Council".
"PROTECTION OF ENVIRONMENTALLY CRITICAL
AHTAS—FLOODPLAINS, WETLANDS, BEACHES
AND DUNES, UNSTABLE SOILS, S'JEEP SLOPES,
AQUIFER RECHARGE AREAS, ETC." should read
"Protection of Environmentally Critical
Areas — Floodplains, Wetlands, Beaches
and Dunes, Unstable Soils, Steep Slopes,
Aquifer Recharge Areas, Etc"
"LAND USE IN COASTAL AREAS'1 should read
"Land Use in Coastal Areas"
"REDEVELOPMENT AND CONSTRUCTION IN BUILT-
UP AREAS" should read "Redevelopment and
Construction In Built-Up Areas"
"DENSITY AND CONGESTION MITIGATION" should
read " Density and Congestion Mitigation"
"NEIGHBORHOOD CHARACTER AND CONTINUITY" should
read " Neighborhood Character and Continuity "
"IMPACTS ON LOW INCOME POPULATIONS" should
read "Impacts on Low-Income Populations"
"HISTORIC, ARCHITECTURAL, AdD ARCIU20LOGICAL
PRESERVATION" should read " Historic,
Architectural, and Archeological Preservation"
"SOIL AND PLANT CONSERVATION AND HYDRGLOGV"
should read " Soil And Plant Conservation and
Hydrology"
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DEPARTMENT OF TRANSPORTATION
ACT
Section 4(f)
Maintenance and enhancement of natural beauty of land traversed by
transportation lines
(f) It is hereby declared to be the national policy that special
effort should be made to preserve the natural beauty of the
countryside and public park and recreation lands, wildlife and
waterfowl refuges, and historic sites. The Secretary of Trans-
portation shall cooperate and consult with the Secretaries of
the Interior, Housing and Urban Development, and Agricul-
ture, and with the States in developing transportation plan
and program that include measures to maintain or enhance
the natural beauty of the lands traversed. After August 23,
1968, the Secretary shall not approve any program or project
which requires the use of any publicly owned land from a
public park, recreation area, or wildlife and waterfowl refuge
of national, State, or local significance as determined by the
Federal, State, or local officials having jurisdiction thereof, or
any land from an historic site of national, State, or local
significance as so determined by such officials unless (1) there
is no feasible and prudent alternative to the use of such land,
and (2) such program includes all possible planning to mini-
mize harm to such park, recreational area, wildlife and water-
fowl refuge, or historic site resulting from such use.
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10663
Presidential Documents
Title 3—THE PRESIDENT
Executive Order 11296
EVALUATION OF FLOOD HAZARD IN LOCATING FEDERALLY OWNED
OR FINANCED BUILDINGS, ROADS, AND OTHER FACILITIES, AND IN
DISPOSING OF FEDERAL LANDS AND PROPERTIES
WHEREAS uneconomic uses of the Nation's flood plains are oc-
curring and potential flood losses are increasing despite substantial
efforts to control floods; and
WHEREAS national and regional studies of areas and property
subject to flooding indicate a further increase in flood damage po-
tential and flood losses, even with continuing investment in flood
protection structures; and
WHEREAS the Federal Government has extensive and continuing
programs for the construction of buildings, roads, and other facilities
and annually disposes of thousands of acres of Federal lands in flood
hazard areas, all of which activities significantly influence patterns
of commercial, residential, and industrial development; and
WHEREAS the availability of Federal loans and mortgage insur-
ance and land use planning programs are determining factors in the
utilization of lands:
NOW, THEREFORE, by virtue of the authority vested in me as
President of the United States, it is hereby ordered as follows:
SECTION 1. The heads of the executive agencies shall provide leader-
ship in encouraging a broad and unified effort to prevent uneconomic
uses and development of the Nation's flood plains and, in particular,
to lessen the risk of flood losses in connection with Federal lands and
installations and federally financed or supported improvements.
Specifically:
(1) All executive agencies directly responsible for the construction
of Federal buildings, structures, roads, or other facilities shall evaluate
flood hazards when planning the location of new facilities and, as far
as practicable, shall preclude the uneconomic, hazardous, or unneces-
sary use of flood plains in connection with such facilities. With
respect to existing Federally owned properties which have suffered
flood damage or which may be subject thereto, the responsible agency
head shall require conspicuous delineation of past and probable flood
heights so as to assist in creating public awareness of and knowledge
about flood hazards. Whenever practical and economically feasible,
flood proofing measures shall be applied to existing facilities in order
to reduce flood damage potential.
(2) All executive agencies responsible for the administration of
Federal grant, loan, or mortgage insurance programs involving the
construction of buildings, structures, roads, or other facilities shall
evaluate flood hazards in connection with such facilities and, in order
to minimize the exposure of facilities to potential flood damage and
the need for future Federal expenditures for flood protection and
flood disaster relief, shall, as far as practicable, preclude the uneco-
nomic, hazardous, or unnecessary use of flood plains in such connection.
FEDERAL REGISTER, VOL. 31, NO. 155—THURSDAY, AUGUST 11, 1966
-53-
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10664 THE PRESIDENT
(3) All executive agencies responsible for the disposal of Federal
lands or properties shall evaluate flood hazards in connection with
lands or properties proposed for disposal to non-Federal public instru-
mentalities or private interests and, as may be desirable in order to
minimize future F^eral expenditures for flood protection and flood
disaster relief and as far as practicable, shall attach appropriate
restrictions with respect to uses of the lands or properties by the
purchaser and his successors and may withhold such lands or proper-
ties from disposal. In carrying out this paragraph, each executive
agency may make appropriate allowance for any estimated loss in
sales price resulting from the incorporation of use restrictions in the
disposal documents.
(4) All executive agencies responsible for programs which entail
land use planning shall take flood hazards into account when evaluat-
ing plans and shall encourage land use appropriate to the degree of
hazard involved.
SEC. 2. As may be permitted by law, the head of each executive
agency shall issue appropriate rules and regulations to govern the
carrying out of the provisions of Section 1 of this order by his agency.
SEC. 3. Bequests for flood hazard information may be addressed to
the Secretary of the Army or, in the case of lands lying in the basin of
the Tennessee River, to the Tennessee Valley Authority. The Secre-
tary or the Tennessee Valley Authority shall provide such information
as may be available, including requested guidance on flood proofing.
The Department of Agriculture, Department of the Interior, Depart-
ment of Commerce, Department of Housing and Urban Development,
and Office of Emergency Planning, and any other executive agency
which may have information and data relating to floods shall cooper-
ate with the Secretary of the Army in providing such information and
in developing procedures to process information requests.
SEC. 4. Any requests for appropriations for Federal construction
of new buildings, structures, roads, or other facilities transmitted to
the Bureau of the Budget by an executive agency shall be accompanied
by a statement by the head of the agency on the findings of his
agency's evaluation and consideration of flood hazards in the develop-
ment of such requests.
SEC. 5. As used in this order, the term "executive agency" includes
any department, establishment, corporation, or other organizational
entity of the executive branch of the Government.
SEC. 6. The executive agencies shall proceed immediately to develop
such procedures, regulations, and information as are provided for in,
or may be necessary to carry out, the provisions of Sections 1, 2, and 3
of this order. In other respects this order shall take effect on Janu-
ary 1,1967.
LYNDON B. JOHNSON
THE WHITE HOUSE,
August 10, 1966.
[F.B. Doc. 66-8838; Filed, Aug. 10,1966; 12:14 p.m.]
FEDEtAL REGISTEI, VOL 31. NO. T5S—THUISDAV, AUGUST 11, 19M
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EXECUTIVE ORDER 11514
Mar. 5, 1970, 35 Fed. Reg. 4247.
PROTECTION AND ENHANCEMENT OF ENVIRONMENTAL QUALITY
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), it is ordered as follows:
Section 1. Policy. The Federal Government shall provide lead-
ership 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 national effort.
Sec. 2. Responsibilities of Federal agencies. Consonant with
Title I of the National Environmental Policy Act of 1969, hereaf-
ter 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 enhance the quality of the
environment. Such activities shall include those directed to con-
trolling pollution and enhancing the environment and those de-
signed to accomplish other program objectives which may affect
the quality of the environment. Agencies shall develop programs
and measures to protect and enhance environmental quality and
shall assess progress in meeting the specific objectives of such
activities. Heads of agencies shall consult with appropriate Fed-
eral, State and local agencies in carrying out their activities as
they affect the quality of the environment.
(b) Develop procedures to ensure the fullest practicable provi-
sion of timely public information and understanding of Federal
plans and programs with environmental impact in order to obtain
the views of interested parties. These procedures shall include,
whenever appropriate, provision for public hearings, and shall
provide the public with relevant information, including informa-
tion on alternative courses of action. Federal agencies shall also
encourage State and local agencies to adont similar procedures for
informing the public concerning their activities affecting the qual-
ity of the environment.
(c) Insure that information regarding existing or notential en-
vironmental problems and control methods developed as part of
research, development, demonstration, test, or evaluation activities
-55-
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is made available to Federal agencies, States, counties, municipali-
ties, institutions, and other entities, as appropriate.
(d) Review their agencies' statutory authority, administrative
regulations, policies, and procedures, including those relating to
loans, grants, contracts, leases, licenses, or permits, in order to
identify any deficiencies 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 coop-
erate 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.
Sec. 3. Responsibilities of Council on Environmental Quality.
The Council on Environmental Quality shall:
(a) Evaluate existing and proposed policies and activities of t^e
Federal Government directed to the control of pollution and the
enhancement of the environment 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 envi-
ronmental quality. Based upon such evaluations the Council shall,
where appropriate, recommend to the President policies and pro-
grams to achieve more effective protection and enhancement of
environmental quality and shall, where appropriate, seek resolu-
tion 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 deal-
ing with environmental problems not being adequately addressed.
(d) Conduct, as it determines to be appropriate, public hearings
or conferences on issues of environmental significance.
(e) Promote the development and use of indicss and monitoring
systems (1) to assess environmental conditions and trends, (2) to
predict the environmental impact of proposed public and private
actions, and (3) to determine the effectiveness of programs for
protecting and enhancing environmental quality.
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(f) Coordinate Federal programs related to environmental
quality.
(g) Advise and assist the President and the agencies in achiev-
ing international cooperation for dealing with environmental
problems, under the foreign policy guidance of the Secretary of
State.
(h) Issue guidelines to Federal agencies for the preparation of
detailed statements on proposals for legislation and other Federal
actions affecting the environment, as required by section
102 (2) (C) of the Act.
(i) Issue such other instructions to agencies, and request such
reports and other information from them, as may be required to
carry out the Council's responsibilities under the Act.
(j) Assist the President in preparing the annual Environmental
Quality Report provided for in section 201 of the Act.
(k) Foster investigations, studies, surveys, research, and analy-
ses relating to (i) ecological systems and environmental quality,
(ii) the impact of new and changing technologies thereon, and
(iii) means of preventing or reducing adverse effects from such
technologies.
Sec. 4. Amendments of E.G. 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 Commit-
tee on the Environment".
(2) By substituting for the term "the Council", wherever 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 fol-
lowing:
"(g) The Chairman of the Council on Environmental Quality
(established by Public Law 91-190) 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)".
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(7) By substituting for " (hereinafter referred to as the 'Com-
mittee')", in section 201, the following: "(hereinafter referred to
as the 'Citizens' Committee')".
(8) By substituting for the term "the Committee", wherever it
occurs, the following: "the Citizens' Committee".
RICHARD NIXON
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Executive Order 11593 - May 13, 1971
Protec'aon and Enhancement of the Cultural Environment
By virtue of'the authority vested in me as President of the United
States and in furtherance of the purposes and policies of the National
Environmental Policy Act of 1969 (83 Stat. 852, 42 U.S.C. 4321
et seq.), the National Historic Preservation Act of 1966 (80 Stat. 915;
16 U.S.C. 470 et seq.), the Historic Sites Act of 1935 (49 Stat. 666,
16 U.S.C. 461 et seq.), and the Antiquities Act of 1906 (34 Stat. 225,
16 U.S.C. 431 ct seq.), it is ordered as follows:
SECTION 1. Policy. The Federal Government shall provide leadership
in preserving, restoring and maintaining the historic and cultural en-
vironment of the Nation. Agencies of the executive branch of the Govern-
ment (hereinafter referred to as "Federal agencies") shall (1) administer
the cultural properties under their control in a spirit of stewardship and
trusteeship for future generations, (2) initiate measures necessary to
direct their policies, plans and programs in such a way that federally
owned sites, structures, and objects of historical, architectural or archaeo-
logical significance are preserved, restored and maintained for the in-
spiration and benefit of the people, and (3), in consultation with the
Advisory Council on Historic Preservation (16 U.S.C. 470i), institute
procedures to assure that Federal plans and programs contribute to the
preservation and enhancement of non-federally owned sites, structures
and objects of historical, architectural or archaeological significance.
SEC. 2. Responsibilities of Federal agencies. Consonant with the pro-
visions of the acts cited in the first paragraph of this order, the heads of
Federal agencies shall:
(a) no later than July 1, 1973, with the advice of the Secretary of
the Interior, and in cooperation with the liaison officer for historic
preservation for the State or territory involved, locate, inventory, and
nominate to the Secretary of the Interior all sites, buildings, districts, and
objects under their jurisdiction or control that appear to qualify for
listing on the National Register of Historic Places.
(b) exercise caution during the interim period until inventories and
evaluations required by subsection (a) are completed to assure that
any federally owned property that might qualify for nomination is not
inadvertently transferred, sold, demolished or substantially altered. The
agency !.ead shall refer any questionable actions to the Secretary of the
Interior for an opinion respecting the property's eligibility for inclusion
on the National Register of Historic Places. The Secretary null consult
with the liaison officer for historic preservation for the State or territory
(over)
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involved in arriving at his opinion. Where, after a reasonable period in
which to review and evaluate the property, the Secretary determines that
the property is likely to meet the criteria prescribed for. listing on the
National Register of Historic Places, the Federal agency head shall
reconsider the proposal in light of national environmental and preserva-
tion policy. Where, after such reconsideration, the Federal agency head
proposes to transfer, sell, demolish or substantially alter the property
he shall not act with respect to the property until the Advisory Council
on Historic Preservation shall have been provided an opportunity to
comment on the proposal.
(c) initiate measures to assure that where as a result of Federal action
or assistance a property listed on the National Register of Historic
Places is to" be substantially altered or demolished, timely steps be taken
to make or have made records, including measured drawings, photo-
graphs and maps, of the property, and that copy of such records then
be deposited in the Library of Congress as part of the Historic American
"Buildings Survey or Historic American Engineering Record for future
use and reference. Agencies may call on the Department of the Interior
for advice and technical assistance in the completion of the above records.
(d) initiate measures and procedures to provide for the maintenance,
through preservation, rehabilitation, or restoration, of federally owned
and registered sites at professional standards prescribed by the Secretary
of the Interior.
(e) submit procedures required pursuant to subsection (d) to the
Secretary of the Interior and to the Advisory Council on Historic Pres-
ervation no later than January 1, 1972, and annually thereafter, for
'review and comment.
(f) cooperate with purchasers and transferees of a property listed on
the National Register of Historic Places in the development of viable
plans to use such property in a manner compatible with preservation
objectives and which does not result in an unreasonable economic burden
to public or private interests.
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SEJ. 3. Responsibilities of the Secretary of the Interior. The Secre-
tary of the Interior shall:
(a) encourage State and local historic preservation officials to evaluate
and survey federally owned historic properties and, where appropriate,
to nominate such properties for listing on the National Register of His-
toric Places.
(b) develop criteria and procedures to be applied by Federal agencies
in the reviews and nominations required by section 2(a). Such criteria
and procedures shall be developed in consultation with the affected
agencies.
(c) expedite action upon nominations to the National Register of
Historic Places concerning federally owned properties proposed for sale,
transfer, demolition or substantial alteration.
(d) encourage State and Territorial liaison officers for historic pres-
ervation to furnish information upon request to Federal agencies regard-
ing their properties which have been evaluated with respect to historic,
architectural or archaeological significance and which as a result of such
evaluations have not been found suitable for listing on the National
Register of Historic Places.
(e) develop and make available to Federal agencies and State and
local governments information concerning professional methods and tech-
niques for preserving, improving, restoring and maintaining historic
properties.
(f) advise Federal agencies in the evaluation, identification, preserva-
tion, improvement, restoration and maintenance of historic properties.
(g) review and evaluate the plans of transferees of surplus Federal
properties transferred for historic monument purposes to assure that the
historic character of such properties is preserved in rehabilitation, restora-
tion, improvement, maintenance and repair of such properties.
(h) review and comment upon Federal agency procedures submitted
pursuant to section 2(e) of this order.
THE WHITE HOUSE,
May 13, 1971.
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FEDERAL AID HIGHWAY ACT OF 1970
Section 136
, SOCIAL, EXVIROXMEXTAL, AXD OTHER IMPACT
SEC. 136. (a) Section 109(g) of title 23, United States Code, is
amended to read as follows:
"(g) The Secretary shall issue within 30 days after the day of
enactment of the Federal-Aid Highway Ect of 1970 guidelines for
minimizing possible soil erosion from highway construction. Such
guidelines shall apply to all proposed projects with respect to which
plans, specifications, and estimates are approved by the Secretary after
the issuance of such guidelines."
(b) Such section 109 is further amended by adding at the end thereof
the following;
"(h) Not later than July 1, 1072, the Secretary, after consultation
with appropriate Federal and State officials, shall submit to Congress,
and not later than 90 days after such submission, promulgate guide-
lines desicrned to assure that possible adverse economic, social, and
environmental effects relating to any proposed project on any Federal-
aid system have been fully considered in developing such project,
and that the final decisions on the project are made in "the best overall
public interest, taking into consideration the need for fast, safe and
eJficient. transportation, publi^ services, and the co^s of c*'ny.:iat-ii>:r »r
"in;;: '[•=:• psr such adv-n-sp PiTevs pu) disruption of desuable community and regional growth.
Such guidelines shall apply to all proposed projects with respect to
•.v-ipcli plan-;, specifications, and estimates are approved by the Stvre-
taiy after the issuance of such -guidelines.
"(:) The Secvefarv. after consultation with appropriate Fedeial,
St-r.'. an 1 '••-•,> XL.''- !-, -'• •.!' d-,:\ ?}'•>, ,,p 1 >r «\ r-shritv standard-'- for
July i, 1072, shall not approve plans and spot itlcatuiis for any r,;o-
jmsptl jirojcct on any Federal-aid system for \Uiich location approval
has not. yet been secured unless he determine.-- that such plans and
specifications include adequate measures to implement the appropriate
noi.ip level standards.
"ij) T!'f ,-vercM'y, 'ift'T c"usult.ition wif-h the Administrator of
i'.'-v. sliyli (kri^l'"^ and i)i'.>i:iulf:rtle.
arc Consistent with any approved plan for the implementation of any
ambient air quality standard for any air quality control region desig-
nated pursuant to the Clean Air Act, as amended."
(c) H-ib^ectiou (b) oi! section 307 of title 23, United States Code.
is amended by adding the following sentence: "The highway research
program herein authorised shall also inrlude studies to identify and
measure, quantitatively and qualitatively, those factors which relate
to economic, social, environmental, and other impacts of highway
projects."
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MILITARY CONSTRUCTION AUTHORIZATION ACT
Section 807
SEC. SOT. None of the funds authorized by this Act or by any mili-
tary construction authorization Act hereafter enacted shall be ex-
pended for the construction of any waste treatment or waste disposal
system at or in connection with any military installation until after
the Secretary of Defense or his designee has consulted with the Fed-
eral Water Pollution Control Administration of the Department of
the Interior and determined that the degree and type of waste-disposal
and treatment required in the area in which such military installation
is located are consistent with applicable Federal or State water quality
standards or other requirements and that the planned system will be
coordinated in timing with a State, county, or municipal program
which requires communities to take such related abatement measures
as are necessary to achieve area wide water pollution cleanup.
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NATIONAL ENVIRONMENTAL POLICY ACT OF 1969
Sec.
4321. Congressional declaration of purpose.
SUBCHAFTER I.—POLICIES AND GOALS
4331. Congressional declaration of national environmental policy.
4432, Cooperation of agencies; reports; availability of information; recom-
mendations; international and national coordination of efforts.
4333. Conformity of administrative procedures to national environmental
policy.
4334. Other statutory obligations of agencies.
4335. Efforts supplemental to existing authorizations.
SUBCHAPTER 11,^—COUNCIL ON ENVIRONMENTAL QUALITY
4341. Reports to Congress; recommendations for legislation.
4342. Establishment; membership; Chairman; appointments.
4343. Employment of personnel, experts and consultants.
4344. Duties and functions.
4345. Consultation with the Citizen's Advisory Committee on Environmental
Quality and other representatives.
4346, Tenure and compensation of members.
4347. Authorization of appropriations.
§ 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 environment; to promote efforts which will prevent
or eliminate damage to the environment and biosphere and stimu-
late the health and welfare of man; to enrich the understanding of
the ecological systems and natural resources important to the Na-
tion; and to establish a Council on Environmental Quality.
Pub.L. 91-190, § 2, Jan. 1,1970, 83 Stat. 852.
SUBCHAPTER I.—POLICIES AND GOALS
§ 4331. Congressional declaration of national environmental
policy
(a) The Congress, recognizing the profound impact of man's
activity on the interrelations of all components of the natural
environment, particularly the profound influences of population
growth, high-density urbanization, industrial expansion, resource
exploitation, and new and expanding technological advances and
recognizing further the critical importance of restoring and main-
taining environmental quality to the overall welfare and develop-
ment of man, declares that it is the continuing policy of the Fed-
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eral Government, in cooperation with State and local governments,
and other concerned public and private organizations, to use all
practicable means and measures, including financial and1 technical
assistance, in 'a manner calculated to foster and promote the gen-
eral welfare, to create and maintain conditions under which man
and nature can exist in productive harmony, and fulfill the social,
economic, and other requirements of present and future genera-
tions 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 considera-
tions of national policy, to improve and coordinate Federal plans,
functions, programs, and resources to the end that the Nation
may—
(1) fulfill the responsibilities of each generation as trustee
of the environment for succeeding 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 envi-
ronment without degradation, risk to health or safety, or
other undesirable and unintended consequences;
(4) preserve important historic, cultural, and natural as-
pects of our national heritage, and maintain, wherever possi-
ble, an environment which supports diversity and variety of
individual 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 resources and ap-
proach the maximum attainable recycling of depletable re-
sources.
(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 envir-
ronment.
Pub.L. 91-190, Title I, § 101, Jan. 1, 1970, 83 Stat. 852.
§ 4332. Cooperation of agencies; reports; availability of infor-
mation; recommendations; international and national coordination
of efforts
The Congress authorizes and directs that, to the fullest extent
possible: (1) the policies, regulations, and public laws of the Un-
ited States shall be interpreted and administered in accordance
with the policies set forth in this chapter, and (2) all agencies of
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the Federal Government shall—
(A) utilize a systematic, interdisciplinary approach which
will insure the integrated use of the natural and social sci-
ences and the environmental design arts in planning and in
decisionmaking which may have an impact on man's environ-
ment ;
(B) identify and develop methods and procedures, in con-
sultation with the Council on Environmental Quality estab-
lished .by subchapter II of this chapter, which will insure that
presently unquantified environmental amenities and values
may be given appropriate consideration in decisionmaking
along with economic and technical considerations;
(C) include in every recommendation or report on propor-
als for legislation and other major Federal actions signifi-
cantly affecting the quality of the human environment, a de-
tailed statement by the responsible official on—
(i) the environmental impact of the proposed action,
(ii) any adverse environmental effects which cannot
be avoided should the proposal be implemented,
(iii) alternatives to the proposed action,
(iv) the relationship between local short-term uses of
man's environment and the maintenance and enhance-
ment of long-term productivity, and
(v) any irreversible and irretrievable commitments of
resources which would be involved in the proposed action
should it be implemented.
Prior to making any detailed statement, the responsible Fed-
eral official shall consult with and obtain the comments of any
Federal agency which has jurisdiction by law or special ex-
pertise with respect to any environmental impact involved.
Copies of such statement and the comments and views of the
appropriate Federal, State, and local agencies, which are au-
thorized to develop and enforce environmental standards,
shall be made available to the President, the Council on Envi-
ronmental Quality and to the public as provided by section
552 of Title 5, and shall accompany the proposal through the
existing agency review processes;
(D) study, develop, and describe appropriate alternatives
to recommended courses of action in any proposal which in-
volves unresolved conflicts concerning alternative uses of
available resources;
(E) recognize the worldwide and long-range character of
environmental problems and, where consistent with the for-
eign policy of the United States, lend appropriate support to
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initiatives, resolutions, and programs designed to maximize-
international cooperation in anticipating and preventing a
decline in the quality of mankind's world environment;
(F) make available to States, counties, municipalities, in-
stitutions, and individuals, advice and information useful in
restoring, maintaining, and enhancing the quality of the envi-
ronment ;
(G) initiate and utilize ecological information in the plan-
ning and development of resource-oriented projects; and
(H) assist the Council on Environmental Quality estab-
lished by subchapter II of this chapter.
Pub.L. 91-190, Title I, § 102, Jan. 1,1970, 83 Stat 853.
§ 4333. Conformity of administrative procedures to national
environmental policy
All agencies of the Federal Government shall review their pres-
ent statutory authority, administrative regulations, and current
policies and procedures for the purpose of determining whether
there are any deficiencies or inconsistencies therein which prohibit
full compliance with the purposes and provisions of this chapter
and shall propose to the President not later than July 1,1971, such
measures as may be necessary to bring their authority and policies
into conformity with the intent, purposes, and procedures set
forth in this chapter.
Pub.L. 91-190, Title I, § 103, Jan. 1,1970, 83 Stat. 854.
§ 4334. Other statutory obligations of agencies
Nothing in section 4332 or 4333 of this title shall in any way
affect the specific statutory obligations of any Federal agency (1)
to comply with criteria or standards of environmental quality, (2)
to coordinate or consult with any other Federal or State agency,
or (3) to act, or refrain from acting contingent upon the recom-
mendations or certification of any other Federal or State agency.
Pub.L. 91-190, Title I,§ 104, Jan. 1,1970, 83 Stat. 854.
§ 4335. Efforts supplemental to existing authorizatons
The policies and goals set forth in this chapter are supplemen-
tary to those set forth in existing authorizations of Federal agen-
cies.
Pub.L. 91-190, Title I, § 105, Jan. 1,1970,83 Stat. 854.
SUBCHAPTER II.—COUNCIL ON ENVIRONMENTAL QUALITY
§ 4341. Reports to Congress; recommendations for legislation
The President shall transmit to the Congress annually begin-
ning July 1, 1970, an Environmental Quality Report (hereinafter
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referred to as the "report") which shall set forth (1) the status
and condition of the major natural, manmade, or altered environ-
mental classes of the Nation, including, but not limited to, the air,
the aquatic, including marine, estuarine, and fresh water, and the
terrestrial environment, including, but not limited to, the forest,
dryland, wetland, range, urban, suburban, and rural environment;
(2) current and foreseeable trends in the quality, management
and utilization of such environments and the effects of those
trends on the social, economic, and other requirements of the Na-
tion; (3) the adequacy of available natural resources for fulfilling
human and economic requirements of the Nation in the light of
expected population pressures; (4) a review of the programs and
activities (including regulatory activities) of the Federal Govern-
ment, the State and local governments, and nongovernmental enti-
ties or individuals, with particular reference to their effect on the
environment and on the conservation, development and utilization
of natural resources; and (5) a program for remedying the defi-
ciencies of existing programs and activities, together with recom-
mendations for legislation.
Pub.L. 91-190, Title II, § 201, Jan. 1,1970, 83 Stat. 854.
§ 4342. Establishment; membership; Chairman; appointments
There is created in the Executive Office of the President a Coun-
cil on Environmental Quality (hereinafter referred to as the
"Council"). The Council shall be composed of three members who
shall be appointed by the President to serve at his pleasure, by and
with the advice and consent of the Senate. The President shall
designate one of the members of the Council to serve as Chairman.
Each member shall be a person who, as a result of his training,
experience, and attainments, is exceptionally well qualified to ana-
lyze and interpret environmental trends and information of all
kinds; to appraise programs and activities of the Federal Govern-
ment in the light of the policy set forth in subchapter I of this
chapter; to be conscious of and responsive to the scientific, eco-
nomic, social, esthetic, and cultural needs and interests of the
Nation; and to formulate and recommend nati' nal policies to pro-
mote the improvement of the quality of the em ./- onent.
Pub.L. 91-190, Title II, § 202, Jan. 1,1970, 83 Stat. 854.
§ 4343. Employment of personnel, experts and consultants
The Council may employ such officers and employees as may be
necessary to carry out its functions under this chapter. In addi-
tion, the Council may employ and fix the compensation of such
experts and consultants as may be necessary for the carrying out
of its functions under this chapter, in accordance with section
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3109 of Title 5 (but without regard to the last sentence thereof).
Pub.L. 91-190, Title II, § 203, Jan. 1,1970, 83 Stut. 855.
§ 4314. Duties and functions
It shall be the duty and function of the Council—
(1) to assist and advise the President in the preparation of
the Environmental Quality Report required by section 4341 of
this title;
(2) to gather timely and authoritative information con-
cerning the conditions and trends in the quality of the envi-
ronment both current and prospective, to analyze and inter-
pret such information for the purpose of determining
whether such conditions and trends are interfering, or are
likely to interfere, with the achievement of the policy set
forth in subchapter I of this chapter, and to compile and
submit to the President studies relating to such conditions
and trends;
(3) to review and appraise the various programs and activ-
ities of the Federal Government in the light of the policy set
forth in subchapter I of this chapter for the purpose of deter-
mining the extent to which such programs and activities are
contributing to the achievement of such policy, and to make
recommendations to the President with respect thereto;
(4) to develop and recommend to the President national
policies to foster and promote the improvement of environ-
mental quality to meet the conservation, social, economic,
health, and other requirements and goals of the Nation;
(5) to conduct investigations, studies, surveys, research,
and analyses relating to ecological systems and environmental
quality;
(6) to document and define changes in the natural environ-
ment, including the plant and animal systems, and to accumu-
late necessary data and other information for a continuing
analysis of these changes or trends and an interpretation of
their underlying causes;
(7) to report at least once each year to the President on th§
state and condition of the environment; and
(8) to make and furnish such studies, reports thereon, and
recommendations with respect to matters of policy and legis-
lation as the President may request.
Pub.L. 91-190, Title II, § 204, Jan. 1,1970, 83 Stat. 855.
§ 4345. Consultation ivith the Citizen's Advisory Committee on
Environmental Quality and other representatives
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In exercising its powers, functions, and duties under this chap-
ter, the Council shall—.
(1) consult with the Citizens' Advisory Committee on En-
vironmental Quality established by Executive Order num-
bered 11472, dated May 29, 1969, and with such representa-
tives of science, industry, agriculture, labor, conservation or-
ganizations, State and local governments and other groups, as
it deems advisable; and
(2) utilize, to the fullest extent possible, the services, facili-
ties, and information (including statistical information) of
public and private agencies and organizations, and individu-
als, in order that duplication of effort and expense may be
avoided, thus assuring that the Council's activities will not
unnecessarily overlap or conflict with similar activities au-
thorized by law and performed by established agencies.
Pub.L. 91-190, Title II, § 205, Jan. 1,1970, 83 Stat. 855.
§ 4346. Tenure and compensation of members
Members of the Council shall serve full time and the Chairman
of the Council shall be compensated at the rate provided for Level
II of the Executive Schedule Pay Rates. The other members of the
Council shall be compensated at the rate provided for Level IV or
the Executive Schedule Pay Rates.
Pub.L. 91-190, Title II, § 206, Jan. 1,1970, 83 Stat. 856.
§ 4347. Authorization of appropriations
There are authorized to be appropriated to carry out the provi-
sions of this chapter not to exceed $300,000 for fiscal year 1970,
$700,000 for firical year 1971, and $1,000,000 for each fiscal year
thereafter.
Pub.L. 91-190, Title II, § 207, Jan. 1,1970, 83 Stat. 856.
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NATIONAL HISTORIC PRESERVATION ACT
OF 1966
Section 106
Effect of Federal undertakings upon property
listed in the National Register; comment by Ad-
sory Council on Historic Preservation.
The head of any Federal agency having direct or
Indirect jurisdiction over a proposed Federal or fed-
erally assisted undertaking in any State and the head
of any Federal department or independent agency
having authority to license any undertaking shall,
prior to the approval of the expenditure of any Fed-
eral funds on the undertaking or prior to the issuance
of any license, as the case may be, take into account
the effect of the undertaking on any district, site,
building, structure, or object that is included in the
National Register. The head of any such Federal
agency shall afford the Advisory Council on Historic
Preservation established under sections 470i to 470n
of this title a reasonable opportunity to comment
with regard to such undertaking. (Pub. L. 89-665,
title I, § 106, Oct. 15, 1966, 80 Stat. 917.)
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EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
February 9, 1971 CIRCULAR NO. A-9 5
Revised
TO THE HEADS OF EXECUTIVE DEPARTMENTS AND ESTABLISHMENTS
SUBJECT: Evaluation, review, and coordination of Federal
and federally assisted programs and projects
1. Purpose. This Circular furnishes guidance to Federal
agencies for added cooperation with State and local govern-
ments in the evaluation, reviexv, and coordination of Federal
assistance programs and projects. The Circular promulgates
regulations (Attachment A) which provide, in part, for:
a. Encouraging the establishment of a project notifica-
tion and review system to facilitate coordinated planning on
an intergovernmental basis for certain Federal assistance
programs in furtherance of section 204 of the Demonstration
Cities and Metropolitan Development Act of 1966 and Title IV
of the Intergovernmental Cooperation Act of 1968 (Attach-
ment B) .
b. Coordination of direct Federal development programs
and projects with State, regional, and local planning and
programs pursuant to Title IV of the Intergovernmental
Cooperation Act of 1968.
c. Securing the comments and views of State and local
agencies which are authorized to develop and enforce environ-
mental standards on certain Federal or federally assisted
projects affecting the environment pursuant to section
102(2) (C) of the National Environmental Policy Act of 1969
(Attachment C) and regulations of the Council on Environmental
Quality.
This Circular supersedes Circular Mo. A-95, dated July 24,
1969, as amended by Transmittal Memorandum No. 1, dated
December 27, 1969. It will become effective April 1,
1971.
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'•• * Basis. This Circular has been prepared pursuant to:
a. Section 401(a) of the intergovernmental Cooperation
Act of 1968 which provides, in part, that
"The President shall . . . establish rules and
regulations governing the formulation, evaluation,
and review of Federal programs and projects having
a significant impact on area and community develop-
ment ..."
and the President's Memorandum of November 8, 1968, to the
Director of the Bureau of the Budget ("Federal Register,"
Vol. 33, No. 221, November 13, 1968) which provides:
"By virtue of the authority vested in me by
section 301 of title 3 of the United States Code
and section 401(a) of the intergovernmental Coop-
eration Act of 1968 (Public Law 90-577), I hereby
delegate to you the authority vested in the President
to establish the rules and regulations provided for
in that section governing the formulation, evaluation,
and review of Federal programs and projects having a
significant impact on area and community development,
including programs providing Federal assistance to
the States and localities, to the end that they shall
most effectively serve these basic objectives.
"In addition, I expect the Bureau of the Budget
to generally coordinate the actions of the depart-
ments and agencies in exercising the new authoriza-
tions provided by the Intergovernmental Cooperation
Act, with the objective of consistent and uniform
action by the Federal Government."
b. Title IV, section 403, of the Intergovernmental Coop-
eration Act of 1968 which provides that:
"The Bureau of the Budget, or such other agency
as may be designated by the President, shall prescribe
such rules and regulations as are deemed appropriate
for the effective administration of this Title."
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ATTACHMENT A
Circular No. A-95
Revised
REGULATIONS UNDER SECTION 204 OF THE DEMONSTRATION
CITIES AND METROPOLITAN DEVELOPMENT ACT OF 1966,
TITLE IV OF THE INTERGOVERNMENTAL COOPERATION ACT
OF 1968, AND SECTION 102 (2)(C) OF THE NATIONAL
ENVIRONMENTAL POLICY ACT OF 1969
PART I: PROJECT NOTIFICATION AND REVIEW SYSTEM
1. Purpose. The purpose of this Part is to:
a. Further the policies and directives of Title IV of
the Intergovernmental Cooperation Act of 1968 by encouraging
the establishment of a network of State, regional, and metro-
politan planning and development clearinghouses which will aid
in the coordination of Federal or federally assisted projects
and programs with State, regional, and local planning for
orderly growth and development;
b. Implement the requirements of section 204 of the
Demonstration Cities and Metropolitan Development Act of 1966
for metropolitan areas within that network:
c. Implement, in part, requirements of section 102(2)(C)
of the National Enviromental Policy Act of 1969, which require
State and local views of the environmental impact of Federal
or federally assisted projects;
d. Encourage, by means of early contact between applicants
for Federal assistance and State and local governments and
agencies, an expeditious process of intergovernmental coordi-
nation and review of proposed projects.
2. Notification.
a. Any agency of State or local government or any
organization or individual undertaking to apply for assist-
ance to a project under a Federal program listed in Attachment
D will be required to notify the planning and development
clearinghouse of the State (or States) and the region, if there
is one, or of the metropolitan area in which the project is to
be located, of its intent to apply for assistance. Notification
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c. Section 204 (c) of the Demonstration Cities and
Metropolitan Development Act of 1966 which provides that:
"The Bureau of the Budget, or such other agency
as may be designated by the President, shall pre-
scribe such rules and regulations as are deemed
appropriate for the effective administration of
this section," and
d. Reorganization Plan No. 2 of 1970 and Executive Order
No. 11541 of July 1, 1970, which vest all functions of the
Bureau of the Budget or the Director of the Bureau of the
Budget in the Director of the Office of Management and Budget.
3. Coverage. The regulations promulgated by this Circular
(Attachment A) will have applicability to:
a. Under Part I, all projects (or significant changes
thereto) for which Federal assistance is being sought under
the programs listed in Attachment D. Limitations and provi-
sion for exceptions are noted therein.
b. Under Part II, all direct Federal development activi-
ties, including the acquisition, use, and disposal of Federal
real property.
c. Under Part III, all Federal programs requiring, by
statute or administrative regulation, a State plan as a
condition of assistance.
d. Under Part IV, all Federal programs providing assist-
ance to State, local, and regional projects and activities
that are planned on a multijurisdictional basis.
4. Inquiries. Inquiries concerning this Circular may be
addressed to the Office of Management and Budget, VJashington,
D. C. 20503, telephone (202) 395-3031 (Government dial code
103-3031).
GEORGE P. SHULTZ
Director
Attachments
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will be accompanied by a summary description of the project
for which assistance will be sought. The summary description
will contain the following information:
(1) Identity of the applicant agency, organization,
or individual.
(2) The geographic location of the project to be
assisted.
(3) A brief description of the proposed project by
type, purpose, general size or scale, estimated cost, bene-
ficiaries, or other characteristics which will enable the
clearinghouses to identify agencies of State or local govern-
ment having plans, programs, or projects that might be affected
by the proposed projects.
(4) A brief statement of whether or not an environ-
mental impact statement is required and, if so, an indication
of the nature and extent of environmental impact anticipated.
(5) The Federal program and agency under which assis-
tance will be sought as indicated in the Catalog of Federal
Domestic Assistance (April 1970 and subsequent editions).
(6) The estimated date by which time the applicant
expects to formally file an application.
Many clearinghouses have developed notification forms and
instructions. Applicants are urged to contact their clearing-
houses for such information in order to expedite clearinghouse
revj «=w.
b. In order to assure maximum time for effective coordi^
nation and so as not to delay the timely submission of the
completed application to the Federal agency, such notifications
should be sent at the earliest feasible time.
3. Clearinghouse functions. Clearinghouse functions include:
a. Evaluating the significance of proposed Federal or
federally assisted projects to State, areawide or local plans
and programs, as appropriate.
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b. Receiving and disseminating project notifications
to appropriate State agencies in the case of the state
clearinghouse and to appropriate local governments and agencies
in the case of regional or metropolitan clearinghouses; and
providing liaison, as may be necessary, between such agencies
or bodies and the applicant.
c. Assuring, pursuant to section 102(2)(C) of the
National Environmental Policy Act of 1969, that appropriate
State, metropolitan, regional, or local agencies which are
authorized to develop and enforce environmental standards are
informed of and are given opportunity to review and comment on
the environmental significance of proposed projects for which
Federal assistance is sought.
d. Providing, pursuant to Part II of these regulations,
liaison between Federal agencies contemplating direct Federal
development projects and the State or areawide agencies or
local governments having plans or programs that might be
affected by the proposed project.
4. Consultation and review
a. State, metropolitan, and regional clearinghouses may
have a period of 30 days after receipt of a project notifica-
tion in which to inform State agencies, other local or regional
bodies, etc., that may be affected by the project (including
agencies authorized to develop and enforce environmental
standards) and to arrange, as may be necessary, to consult
with the applicant on the proposed project.
b. During this period and during the period in which the
application is being completed, the clearinghouse may work
with the applicant in the resolution of any problems raised
by the proposed project.
c. Clearinghouses may have, if necessary, an additional
30 days to review the completed application and to transmit
to the applicant any comments or recommendations the clearing-
house (or others) may have.
d. In the case of a project for which Federal assistance
is sought by a special purpose unit of government, clearing-
houses will assure that any unit of general local government,
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having jurisdiction over the area in which the project is to
be located, has opportunity to confer, consult, and comment
upon the project and the application.
e. Applicants will include with the completed application
as submitted to the Federal agency:
(1) Any comments and recommendations made by or
through clearinghouses/ along with a statement that such
comments have been considered prior to submission of the
application; or
(2) A statement that the procedures outlined in this
section have been followed and that no comments or recommenda-
tions have been received.
f. Where regional or metropolitan areas are contiguous,
coordinative arrangements should be established between the
clearinghouses in such areas to assure that project^ in one
area which may have an impact on the development of a contig-
uous area are jointly studied. Any comments and recommenda-
tions made by or through a clearinghouse in one area on a
project in a contiguous area will accompany the application
for assistance to that project.
5. Subject matter of comments and recommendations. Comments
and recommendations made by or through clearinghouses with
respect to any project are for the purpose of assuring maxi-
mum consistency of such project with State, regional and local
comprehensive plans. They are also intended to assist the
Federal agency (or State agency, in the case of projects for
which the State under certain Federal grants has final proj-
ect approval) administering such a program in determining
whether the project is in accord with applicable Federal law.
Comments or recommendations, as may be appropriate, may
include information about:
a. The extent to which the project is consistent with or
contributes to the fulfillment of comprehensive planning for
the State, region, metropolitan area, or locality.
b. The extent to which the project contributes to the
achievement of State, regional, metropolitan, and local objec-
tives as specified in section 401(a) of the Intergovernmental
Cooperation Act of 1968, as follows:
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(1) Appropriate land uses for housing, commercial,
industrial, governmental, institutional, and other purposes;
(2) Wise development and conservation of natural
resources, including land, water, minerals, wildlife, and
others;
(3) Balanced transportation systems, including
highway, air, water, pedestrian, mass transit, and other
modes for the movement of people and goods;
(4) Adequate outdoor recreation and open space;
(5) Protection of areas of unique natural beauty,
historical and scientific interest;
(6) Properly planned community facilities, including
utilities for the supply of power, water, and communications,
for the safe disposal of wastes, and for other purposes; and
(7) Concern for high standards of design.
c. As provided under section 102(2) (C) of the National
Environmental Policy Act of 1969, the extent to which the
project significantly affects the environment including
consideration of:
(1) The environmental impact of the proposed
project;
(2) Any adverse environmental effects which cannot
be avoided should the proposed project be implemented;
(3) Alternatives to the proposed project;
(4) The relationship between local short term uses
of man's environment and the maintenance and enhancement of
long term productivity; and
(5) Any irreversible and irretrievable commitments
of resources which would be involved in the proposed project
or action, should it be implemented.
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d. In the case of a project for which assistance is
being sought by a special purpose unit of government,
whether the unit of general local government having juris-
diction over the area in which the project is to be located
has applied, or plans to apply for assistance for the same
or similar type project. This information is necessary to
enable the Federal (or State) agency to make the judgments
required under section 402 of the intergovernmental
Cooperation Act of 1968.
6. Federal agency procedures. Federal agencies having
programs covered under this Part (see Attachment D) will
develop appropriate procedures for:
a. Informing potential applicants for assistance under
such programs of the requirements of this Part (1) in pro-
gram information materials, (2) in response to inquiries
respecting application procedures, (3) in pre-application
conferences, or (4) by other means which will assure
earliest contact between applicant and clearinghouses.
b. Assuring that all applications for assistance under
programs covered by this part have been submitted to appro-
priate clearinghouses for review.
c. Notifying clearinghouses within seven days of any
action (approvals, disapprovals, return for amendment, etc.)
taken on applications that have been reviewed by such
clearinghouses. Where a State clearinghouse has assigned
an identification number to an application, the Federal
agency will refer to such identification number in notifying
clearinghouses of actions taken on the application.
d. Assuring, in the case of an application submitted
by a special purpose unit of government, where accompanying
comments indicate that the unit of general local government
having jurisdiction over the area in which the project is
to be located has submitted or plans to submit an application
for assistance for the same or a similar type project, that
appropriate considerations and preferences as specified in
section 402 of the Intergovernmental Cooperation Act of 1968,
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are accorded the unit of general local government. Where
such preference cannot be so accorded, t*ie agency shall
supply, in writing, to the unit of general local government
and the Office of Management and Budget its reasons therefor,
7. HUD housing programs. Because of the unique nature of
the application and development process for the housing
programs of the Department of Housing and Urban Development,
a variation of the review procedure is necessary. For HUD
programs in the 14.100 series listed in Attachment D, the
following procedure for review will be followed:
a. The HUD Area or Insuring Office will transmit to the
appropriate State clearinghouse and metropolitan or regional
clearinghouse a copy of the initial application for HUD
program approval.
b. The clearinghouses will have 15 days to review the
applications and to forward to the Area or insuring office
any comments which they may have, including observations
concerning the consistency of the proposed project with
State and areawide development plans and identification of
ma'jor environmental concerns. Processing of applications
in the Area or Insuring office will proceed concurrently
with the clearinghouse review.
c. This procedure will include only applications in-
volving new construction and will apply to:
(1) Subdivisions having 50 or more lots involving
any HUD home mortgage insurance program.
(2) Multifamily projects having 100 or more dwell-
ing units under any HUD mortgage insurance program, or under
conventional or turnkey public housing programs.
(3) Mobile home courts with 100 or more spaces.
(4) College housing provided under the debt service
or direct loan programs for 200 or more students.
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All other applications for assistance under the 1IUD programs
in the 14.100 series listed in Attachment D are exempt from
the requirements of this Circular.
8. Reports and directories.
a. The Director of the Office of Management and Budget
may require reports, from time to time, on the implementation
of this Part.
b. The Office of Management and Budget will maintain and
distribute to appropriate Federal agencies a directory of
State, regional, and metropolitan clearinghouses.
c. The Office of Management and Budget will notify
clearinghouses and Federal agencies of any excepted categories
of projects under programs listed in Attachment D.
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PART II: DIRECT FEDERAL DEVELOPMENT
1. Purpose. The purpose of this Part is to:
a. Provide State and local government with information
on projected Federal development so as to facilitate
coordination with State, regional and local plans and
programs.
b. Provide Federal agencies with information on the
relationship of proposed direct Federal development projects
and activities to State, regional, and local plans and pro-
grams; and to assure maximum feasible consistency of Federal
developments with State, regional, and local plans and
programs.
c. Provide Federal agencies with information on the
possible impact on the environment of proposed Federal
development.
2• Coordination of direct Federal development projects with
State, regional, and local development.
a. Federal agencies having responsibility for the plan-
ning and construction of Federal buildings and installations
or other Federal public works or development or for the
acquisition, use, and disposal of Federal land and real
property will establish procedures for:
(1) Consulting with Governors, regional and metro-
politan clearinghouses, and local elected officials at the
earliest practicable stage in project or development planning
on the relationship of any plan or project to the development
plans and programs of the State, region, or localities in
which the project is to be located.
(2) Assuring that any such Federal plan or project
is consistent or compatible with State, regional, and local
development plans and programs identified in the course of
such consultations. Exceptions will be made only where there
is clear justification.
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(3) Providing State, metropolitan, regional, and
local agencies which are authorized to develop and er.force
environmental standards with adequate opportunity to review
such Federal plane and projects pursuant to section 102(2) (C)
of the National Environmental Policy Act of 1969. Any com-
ments of such agencies will accompany the environmental impact
statement submitted by the Federal agency.
3. Use of clearinghouses. The State, regional, and metropo-
litan planning and development clearinghouses established
pursuant to Part I will be utilized to the greatest extent
practicable to effectuate the requirements of this Part.
Agencies are urged to establish early contact with clearing-
houses to work out arrangements for carrying out the con-
sultation and review required under this Part, including
identification of types of projects considered appropriate
lor consultation and review.
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PART III: STATE PLANS
1- Purpose. The purpose of this Part is to provide Federal
agencies with information about the relationship of State
plans required under various Federal programs to State com-
prehensive planning and to other State plans.
2. Review of state plans. To the extent not presently
required by statute or administrative regulation, Federal
agencies administering programs requiring by statute or
regulation a State plan as a condition of assistance under
such programs will require that the Governor be given the
opportunity to comment on the relationship of such state
plan to comprehensive and other State plans and programs.
Governors will be afforded a period of forty-five days in
which to make such comments, and any such comments will be
transmitted with the plan.
3. State plan. A State plan under this Part is defined to
include any required supporting reports or documentation
that indicate the programs, projects, and activities for
which Federal funds will be utilized.
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PART IV: COORDINATION OF PLANNING
IN MULTIJURISDICTIONAL AREAS
1. Policies and objectives. The purposes of this Part are:
a. To encourage and facilitate State and local initiative
and responsibility in developing organizational and procedural
arrangements for coordinating comprehensive and functional
planning activities.
b. To eliminate overlap, duplication, and competition in
State and local planning activities assisted or required under
Federal programs and to encourage the most effective use of
State and local resources available for development planning.
c. To minimize inconsistency among Federal administrative
and approval requirements placed on State, regional, and metro-
politan development planning activities.
d. To encourage the States to exercise leadership in de-
lineating and establishing a system of planning and develop-
ment districts or regions in each State, which can provide a
consistent geographic base for the coordination of Federal,
State and local development programs.
2. Common or consistent planning and development districts or
.regions. Prior to the designation or redesignation (or approval
thereof) of any planning and development district or region
under any Federal program, Federal agency procedures will pro-
vide a period of thirty days for the Governor(s) of the State(s)
in which the district or region will be located to review the
boundaries thereof and comment upon its relationship to plan-
ning and development districts or regions established by the
State. Where the State has established such planning and
development districts, the boundaries of designated areas
will conform to them unless there is clear justification for
not doing so. Where the State has not established planning
and development districts or regions which provide a basis for
evaluation of the boundaries of the area proposed for designation,
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major units of general local government and Federal agencies
administering related programs in such area will also be con-
sulted prior to designation of the area to assure consistency
with districts established under interlocal agreement and
under related Federal programs.
3. Common and consistent planning bases and coordination of
related activities in multijurisdictional areas. Each agency
will develop checkpoint procedures and requirements for ap-
plications for planning and development assistance under
appropriate programs to assure the fullest consistency and
coordination with related planning and development being
carried on under other Federal programs or under State and
local programs in any multijurisdictional areas.
The checkpoint procedures will incorporate provisions covering
the following points:
a. Identification by the applicant of planning activities
being carried on for related programs within the multijuris-
dictional area, including those covering a larger area within
which such multijurisdictional area is located, subareas of
the area, and areas overlapping the multijurisdictional area.
Metropolitan or regional clearinghouses established under
Part I of this Circular, may assist in providing such iden-
tification.
b. Evidence of explicit organizational or procedural
arrangements that have been or are being established by the
applicant to assure maximum coordination of planning for such
related functions, programs, projects and activities within the
multijurisdictional area. Such arrangements might include
joint or common boards of directors or planning staffs,
umbrella organizations, common referral or review procedures,
information exchanges, etc.
c. Evidence of cooperative arrangements that have been or
are being made by the applicant respecting joint or common use
of planning resources (funds/ personnel, facilities, and ser-
vices, etc.) among related programs within the area; and
d. Evidence that planning being assisted will proceed
from base data, statistics, and projections (social, economic,
417-801 0-11-1
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demographic, etc.) and assumptions that are common to or
consistent with those being employed for planning related
activities within the area.
4. Joint funding. Where it will enhance the quality, compre-
hensive scope, and coordination of planning in multijurisdic-
tional areas, Federal agencies will, to the extent practicable
provide for joint funding of planning activities being carried
on therein.
5. Coordination of agency procedures and requirements. With
respect to the steps called for in paragraphs 2 and 3 of this
Part, departments and agencies will develop for relevant pro-
grams appropriate draft procedures and requirements. Copies
of such drafts will be furnished to the Director of the Office
of Management and Budget and to the heads of departments and
agencies administering related programs. The Office, in con-
sultation with the agencies, will review the draft procedures
to assure the maximum obtainable consistency among them.
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PART V: DEFINITIONS
Terms used in this Circular will have the following meanings:
1. Federal agency — any department, agency, or instrumen-
tality in the executive branch of the Government and any
wholly owned Government corporation.
2. State^ — any of the several States of the United States,
the District of Columbia, Puerto Rico, any territory or pos-
session of the United States, or any agency or instrumentality
of a State, but does not include the governments of the poli-
tical subdivisions of the State.
3. Unit of general local government — any city, county, town,
parish, village,or other general purpose political subdivision
of a State.
4. Special purpose unit of local government — any special
district, public purpose corporation, or other strictly limited
purpose political subdivision of a State, but shall not include
a school district.
5. Federal assistancey Federal financial assistance, Federal
assistance programs, or federally assisted program — programs
that provide assistance through grant or contractual arrange-
ments. They include technical assistance programs, or programs
providing assistance in the form of loans, loan guarantees, or
insurance. The term does not include any annual payment by the
United States to the District of Columbia authorized by article
VI of the District of Columbia Revenue Act of 1947 (D.C. Code
sec. 47-2501a and 47-2501b).
6. Comprehensive planning, to the extent directly related to
area needs or needs of a unit of general local government, in-
cludes the following:
a. Preparation, as a guide for governmental policies and
action, of general plans with respect to:
(1) Pattern and intensity of land use,
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(2) Provision of public facilities (including trans-
it..;: cation facilities) and other government services.
(3) Effective development and utilization of human and
natural .resources.
b. Preparation of long range physical and fiscal plans
for such action.
c. Programming of capital improvements and other major
expenditures, based on a determination of relative urgency,
together with definitive financing plans for such expenditures
in the earlier years of the program.
d. Coordination of all related plans and activities of
the State and local governments and agencies concerned.
e. Preparation of regulatory and administrative measures
in support of the foregoing.
7. Metropolitan area — a standard metropolitan statistical
area as established by the Office of Management and Budget,
subject, however, to such modifications and extensions as the
Office of Management and Budget may determine to be appropriate
for the purposes of section 204 of the Demonstration Cities
and Metropolitan Development Act of 1966, and these Regulations,
8. Areawide agency — an official State or metropolitan or
regional agency empowered under State or local laws or under
an interstate compact or agreement to perform comprehensive
planning in an area; an organization of the type referred to
in section 701 (g) of the Housing Act of 1954; or such other
agency or instrumentality as may be designated by the Governor
(or, in the case of metropolitan areas crossing State lines,
any one or more of such agencies or instrumentalities as may be
designated by the Governors of the States involved) to perform
such planning.
9. Planning and development clearinghouse or clearinghouse
includes:
a. An agency of the State Government designated by the
Governor or by State law.
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b. A nonmetropolitan regional comprehensive planning
agency (herein referred to as "regional clearinghouse")
designated by the Governor (or Governors in the case of
regions extending into more than one State) or by State law.
c. A metropolitan areawide agency that has been recognized
by the Office of Management and Budget as an appropriate agency
to perform review functions under section 204 of the Demonstra-
tion Cities and Metropolitan Development Act of 1966.
10. Multijurisdictional area — any geographical area compri-
sing, "eiicolnpaFiTiTg^ or extending into more than one unit of
general local government.
11. Planning and development district or region — a multi-
jurisdictional area that has been formally designated or
recognized as an appropriate area for planning under State law
or Federal program requirements.
12. Direct Federal development -- planning and construction of
public works, physical facilities, and installations or land and
real property development (including the acquisition, use, and
disposal of real property) undertaken by or for the use of the
Federal Government or any of its agencies.
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ATTACHMENT B
Circular No. A-95
Revised
SECTION 204 OF THE DEMONSTRATION CITIES AND
METROPOLITAN DEVELOPMENT ACT OF 1966,
as amended (80 Stat. 1263, 82 Stat. 208)
"Sec. 204. (a) All applications made after June 30,
1967 for Federal loans or grants to assist in carrying
out open-space land projects or for planning or con-
struction of hospitals, airports, libraries, water
supply and distribution facilities, sewerage facili-
ties and waste treatment works, highways, transpor-
tation facilities, law enforcement facilities, and
water development and land conservation projects
within any metropolitan area shall be submitted for
review--
"(1) to any areawide agency which is desig-
nated to perform metropolitan or regional planning
for the area within which the assistance is to be
used, and which is, to the greatest practicable
extent, composed of or responsible to the elected
officials of a unit of areawide government or of
the units of general local government within whose
jurisdiction such agency is authorized to engage in
such planning, and
"(2) if made by a special purpose unit of local
government, to the unit or units of general local govern-
ment with authority to operate in the area within which
the project is to be located.
"(b)(1) Except as provided in paragraph (2) of this
subsection, each application shall be accompanied (A) by
the comments and recommendations with respect to the pro-
ject involved by the areawide agency and governing bodies
of the units of general local government to which the
application has been submitted for review, and (B) by a
statement by the applicant that such comments and recom-
mendations have been considered prior to formal submis-
sion of the application. Such comments shall include
information concerning the extent to which the project
is consistent with comprehensive planning developed or
in the process of development for the metropolitan area
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or the unit of general local government, as the case may
be, and the extent to which such project contributes to
the fulfillment of such planning. The comments and
recommendations and the statement referred to in this
paragraph shall, except in the case referred to in para-
graph (2) of this subsection, be reviewed by the agency
of the Federal Government to which such application is
submitted for the sole purpose of assisting it in deter-
mining whether the application is in accordance with the
provisions of Federal law which govern the making of the
loans or grants.
"(2) An application for a Federal loan or grant
need not be accompanied by the comments and recommenda-
tions and the statements referred to in paragraph (1) of
this subsection, if the applicant certifies that a plan
or description of the project, meeting the requirements
of such rules and regulations as may be prescribed under
subsection (c), or such application, has lain before an
appropriate areawide agency or instrumentality or unit
of general local government for a period of sixty days
without comments or recommendations thereon being made
by such agency or instrumentality.
"(3) The requirements of paragraphs (1) and (2)
shall also apply to any amendment of the application which,
in light of the purposes of this title, involves a major
change in the project covered by the application prior to
such amendment.
"(c) The Bureau of the Budget, or such other agency
as may be designated by the President, is hereby author-
ized to prescribe such rules and regulations as are deemed
appropriate for the effective administration of this section."
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TITLE IV OF THE INTERGOVERNMENTAL COOPERATION
ACT OF 1968 (82 Stab. 1103)
"TITLE IV — COORDINATED INTERGOVERNMENTAL
POLICY AND ADMINISTRATION OF DEVELOP-
MENT ASSISTANCE PROGRAMS"
"DECLARATION OF DEVELOPMENT ASSISTANCE POLICY"
"Sec. 401. (a) The economic and social development of the
Nation and the achievement of satisfactory levels of living
depend upon the sound and orderly development of all areas,
both urban and rural. Moreover, in a time of rapid urbaniza-
tion, the sound and orderly development of urban communities
depends to a large degree upon the social and economic health
and the sound development of smaller communities and rural
areas. The President shall, therefore, establish rules and
regulations governing the formulation, evaluation, and review
of Federal programs and projects having a significant impact
on area and community development, including programs provi-
ding Federal assistance to the States and localities, to the
end that they shall most effectively serve these basic
objectives. Such rules and regulations shall provide for full
consideration of the concurrent achievement of the following
specific objectives and, to the extent authorized by law,
reasoned choices shall be made between such objectives when
they conflict:
"(1) Appropriate land uses for housing, commercial,
industrial, governmental, institutional, and other purposes;
"(2) Wise development and conservation of natural re-
sources, including land, water, minerals, wildlife, and others;
"(3) Balanced transportation systems, including high-
way, air, water, pedestrian, mass transit, and other modes for
the movement of people and goods;
"(4) Adequate outdoor recreation and open space;
"(5) Protection of areas of unique natural beauty,
historical and scientific interest;
"(6) Properly planned community facilities, including
utilities for the supply of power, water, and communications,
for the safe disposal of wastes, and for other purposes; and
"(7) Concern for high standards of design.
"(b) All viewpoints — national, regional, State and local
— shall, to the extent possible, be fully considered and taken
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into account in planning Federal or federally assisted develop-
ment programs and projects. State and local government objec-
tives, together with the objectives of regional organizations
shall be considered and evaluated within a framework of national
public objectives, as expressed in Federal law, and available
projections of future national conditions and needs of regions,
States, and localities shall be considered in plan formulation,
evaluation, and review.
"(c) To the maximum extent possible, consistent with national
objectives, all Federal aid for development purposes shall be
consistent with and further the objectives of State, regional,
and local comprehensive planning. Consideration shall be given
to all developmental aspects of our total national community,
including but not limited to housing, transportation, economic
development, natural and human resources development, community
facilities, and the general improvement of living environments.
"(d) Each Federal department and agency administering a
development assistance program shall, to the maximum extent
practicable, consult with and seek advice from all other sig-
nificantly affected Federal departments and agencies in an
effort to assure fully coordinated programs.
" (e) Insofar as possible, systematic planning required by
individual Federal programs (such as highway construction, urban
renewal, and open space) shall be coordinated with and, to the
extent authorized by law, made part of comprehensive local and
areawide development planning."
"FAVORING UNITS OF GENERAL LOCAL GOVERNMENT"
"Sec. 402. Where Federal law provides that both special-
purpose units of local government and units of general local
government are eligible to receive loans or grants-in-aid,
heads of Federal departments and agencies shall, in the ab-
sence of substantial reasons to the contrary, make such loans
or grants-in-aid to units of general local government rather
than to special-purpose units of local government."
"RULES AND REGULATIONS"
"Sec. 403. The Bureau of the Budget, or such other agency
as may be designated by the President, is hereby authorized to
prescribe such rules and regulations as are deemed appropriate
for the effective ao.i..:nistration of this title."
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ATTACHMENT C
Circular No. A-95
Revised
SECTION 102 (2) (C) OF THE NATIONAL ENVIRON-
MENTAL POLICY ACT OF 1969 (~83 Stat. 853)
"Sec. 102. The Congress authorizes and directs that,
to the fullest extent possible; (1) the policies, regulations,
and public laws of the United States shall be interpreted and
administered in accordance with the policies set forth in this
Act, and (2) all agencies of the Federal Government shall—....
"(C) include in every recommendation or report
on proposals for legislation and other major Federal
actions significantly affecting the quality of the
human environment, a detailed statement by the respon-
sible official on—
"(i) the environmental impact of the proposed
action,
"(ii) any adverse environmental effects which
cannot be avoided should the proposal be implemented,
" (iii) alternatives to the proposed action,
"(iv) the relationship between local short-term
use of man's environment and the maintenance and
enhancement of long-term productivity, and
11 (v) any irreversible or irretrievable commitments
of resources which would be involved in the proposed
action should it be implemented.
"Prior to making any detailed statement, the responsible Federa."
official shall consult with and obtain the comments of any
Federal agency which has jurisdiction by law or special exper-
tise with respect to any environmental impact involved. Copies
of such statement and the comments and views of the appropriate
Federal, State, and local agencies, which are authorized to
develop and enforce environmental standards, shall be made
available to the President, the Council on Environmental
Quality and to the public as provided by section 552 of Title 5,
United States Code, and shall accompany the proposal through
the existing agency review processes;...."
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ATTACHMENT D (revised)
Circular No. A-95
Revised
COVERAGE OF PROGRAMS UNDER ATTACHMENT A. Part I
1. Programs are listed below pursuant to section 204 of the
Demonstration Cities and Metropolitan Development Act of 1966
and the Intergovernmental Cooperation Act of 1968. They are
referenced by Catalog of Federal Domestic Assistance identifi-
cation numbers (1971 Edition).
2. Heads of Federal departments and agencies may, with the
concurrence of the Office of Management and Budget, exclude
certain categories of projects or activities under listed pro-
grams from the requirements of Attachment A, Part I. OMB con-
currence will be based on the following criteria:
a. Lack of geographic identifiability with respect to
location or impact (e.g., certain types of technical studies);
b. Small scale or size;
c. Essentially local impact (within the applicant juris-
diction) ; and
d. Other characteristics that make review impractical.
OMB will notify clearinghouses of such exclusions.
3. Covered programs
Department of Agriculture
Farmers Home Administration
10.400 Comprehensive Areawide Water and Sewer
Planning Grants
10.409 Irrigation, Drainage and Other Soil and
Conservation Loans
(No. A-95)
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10.414 Resource Conservation and Development
Loans
10.418 Water and Waste Disposal Systems for
Rural Communities
10.419 Watershed Protection and Flood Prevention
Loans
Soil Conservation Service
10.901 Resource Conservation and Development
10.904 Watershed Protection and Flood Prevention
Department of Commerce
Economic Development Administration
11.300 Economic Development — Grants and Loans
for Public Works and Development
Facilities
11.302 Economic Development — Planning Assistance
11.303 Economic Development — Technical Assistance
Department of Defense
Department of the Army, Office of the Chief of
Engineers
12.101 Beach Erosion Control
12.106 Small Flood Control Projects
12.107 Small Navigation Projects
12.108 Snagging and Clearing for Flood Control
(No. A-95)
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Department of Health, Education, and Welfare
Health Services and Mental Health Administration
13.206 Comprehensive Health Planning --
Areawide Grants
13.220 Health Facilities Construction —
Hospitals and Public Health Centers
13.235 Mental Health — Community Assistance
Grants for Narcotic Addiction
(Construction Only)
13.249 Regional Medical Programs — Operational
and Planning Grants (Planning and
Construction Only)
13.253 Health Facilities Construction - Loans
and Loan Guarantees
National Institutes of Health
13.340 Health Professions Facilities Construction
13.350 Medical Library Assistance — Regional
Medical Libraries
13.369 Schools of Nursing — Facilities Con-
struction
Office of Education
13.408 Construction of Public Libraries
13.456 Higher Education Academic Facilities —
State Comprehensive Planning
13.457 Higher Education Academic Facilities
Construction — Interest Subsidization
(NO. A-95)
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13.459 Higher Education Academic Facilities
Construction — Public Community
Colleges and Technical Institutes
13.477 School Assistance in Federally Affected
Areas — Construction
13.493 Vocational Education — Basic Grants to
States (Construction Only)
Social and Rehabilitation Service
13.711 Juvenile Delinquency Planning, Prevention,
and Rehabilitation (Planning and
Construction Only)
13.746 Vocational Rehabilitation Services —
Basic Support (Construction Only)
13.753 Developmentally Disabled - Basic support
(Construction Only)
13.755 Vocational Rehabilitation - Construction
Grants
Department of Housing and Urban Development
Housing Production and Mortgage Credit/FHA
Note: The following programs are subject to the
limitations and procedures set forth in
paragraph 7, Part I, of the Circular.
14.100 Housing for Educational Institutions
14.103 Interest Reduction Payments - Rental and
Cooperative Housing for Lower Income
Families (236)
(No. A-95)
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14.105 Interest Subsidy - Homes for Lower Income
Families (235(i))
14.112 Mortgage Insurance - Construction or Rehabil-
itation of Condominium Projects (234 (d))
14.115 Mortgage Insurance - Development of Sales
Type Cooperative Projects (213)
14.117 Mortgage Insurance - Homes (203(b))
14.118 Mortgage Insurance - Homes for Certified
Veterans (203(b))
14.119 Mortgage Insurance - Homes for Disaster
Victims (203(h))
14.120 Mortgage Insurance - Homes for Low and
Moderate Income Families (221(d)(2))
14.121 Mortgage Insurance - Homes in Outlying
Areas (203(i))
14.122 Mortgage Insurance - Homes in Urban Renewal
Areas (220 homes)
14.124 Mortgage Insurance - Investor Sponsored
Cooperative Housing (213)
14.125 Mortgage Insurance - Land Development and
New Communities (Title X)
14.126 Mortgage Insurance - Management Type
Cooperative Projects (213)
14.127 Mortgage Insurance - Mobile Home Courts (207)
14.134 Mortgage Insurance - Rental (207)
14.13 Mortgage Insurance - Rental Housing for
Moderate Income Families (221 (d) (4))
(No. A-95)
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14.137 Mortgage Insurance - Rental Housing for Low
and Moderate Income Families, Market Interest
Rate (221(d) (3))
14.138 Mortgage Insurance - Rental Housing for the
Elderly (231)-
14.139 Mortgage Insurance - Rental Housing in Urban
Renewal Areas (220)
14.146 Public Housing - Acquisition, Construction,
Rehabilitation (New Construction Only)
14.149 Rent Supplements - Rental Housing for Low
Income Families
Community Planning and Management
14.203 Comprehensive Planning Assistance
14.207 New Communities — Loan Guarantees
14.208 New Communities — Supplementary Grants
14.214 Urban Systems Engineering Demonstration
Grants
Community Development
14.300 Model Cities Supplementary Grants
14.301 Basic Water and Sewer Facilities - Grants
14.303 Open Space Land Programs
14.304 Public Facility Loans
(No. A-95)
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14.306 Neighborhood Development
14.307 Urban Renewal Projects
Department of the Interior
Bureau of Outdoor Recreation
15.400 Outdoor Recreation — Acquisition & Development
15.401 Outdoor Recreation State Planning — Financial
Assistance
Bureau of Reclamation
15.501 Irrigation Distribution System Loans
15.503 Small Reclamation Projects
National Park Service
15.904 Historic Preservation
Department of Justice
Law Enforcement Assistance Administration
16.500 Law Enforcement Assistance — Comprehens'ive
Planning Grants
16.501 Law Enforcement Assistance — Discretionary
Grants
16.502 Law Enforcement Assistance — Improving and
Strengthening Law Enforcement
(No. A-95)
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Department of Labor
Manpower Administration
17.205 Cooperative Area Manpower Planning System
Department of Transportation
Federal Aviation Administration
20.102 Airport Development Aid Program
20.103 Airport Planning Grant Program
Federal Highway Administration
20.201 Forest Highways
20.204 Highway Beautification — Landscaping
and Scenic Enhancement
20.205 Highway Planning and Construction
20.206 Highway Planning and Research Studies
20.209 Public Lands Highways
20.211 Traffic Operations Program to Increase
Capacity and Safety (Construction Only)
Urban Mass Transportation Administration
20.500 Urban Mass Transportation Capital Improvement
Grants (Planning & Construction Only)
20.501 Urban Mass Transportation Capital Improvement
Loans (Planning & Construction Only)
20.505 Urban Mass Transportation Technical Studies
Grants (Planning and Construction Only)
(No. A-95)
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Appalachian Regional Commission
23.003 Appalachian Development Highway System
23.004 Appalachian Health Demonstrations (Planning
and Construction only)
23.008 Appalachian Local Access Roads
23.010 Appalachian Mine Area Restoration
23.012 Appalachian Vocational Education Facilities
National Science Foundation
47.036 Intergovernmental Science Programs
Office of Economic Opportunity
49.002 Community Action (excluding administration,
research, training and technical assistance,
and evaluation).
Water Resources Council
65.001 Water Resources Planning
Environmental Protection Agency
Air Pollution Control Office
66.001 Air Pollution Control Program Grants
(Planning Only)
Solid Waste Management Office
66.300 Solid Waste Demonstration and Resource
Recovery System Grants
66.301 Solid Waste Planning Grants
(No. A-95)
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Water Quality Office
66.400 Construction Grants for Wastewater Treatment
Works
66.401 Water Pollution Control Comprehensive Basin
Planning Grants
66.407 Water Pollution Control - State and Inter-
state Program Grants
(No. A-95)
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EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
OMB CIRCULAR NO. A-95 (REVISED)
WHAT IT IS -- HOW IT WORKS
Revised Circular No. A-95, in-addition to implementing (in part)
Title IV of the Intergovernmental Cooperation Act of 1968 and Section
204 of the Demonstration Cities and Metropolitan Development Act of
1966, assists in the implementation of Section 102(2)(C) of the
National Environmental Policy of 1969.
-- Title IV, among other things, directs the President to
"establish rules and regulations governing the formulation, evalua-
tion, and review of Federal programs and projects having a significant
impact on area and community development." The basic objectives of
this mandate center about the importance of sound and orderly develop-
ment of urban and rural areas on the economic and social development
of the Nation. Section 401 (b) of the Act requires that "all view-
points -- national, State, regional, and local -- shall, to the extent
possible, be taken into account in planning Federal or federally as-
sisted development programs and projects." Section 401(c) states,
moreover, that "to the maximum extent possible, consistent with
national objectives, all Federal aid for development purposes shall
be consistent with and further the objectives of State, regional and
local planning."
-- Section 204 of the Demonstration Cities and Metropolitan
Development Act of 1966, requires that applications for Federal
assistance to a wide variety of public facilities type projects (high-
ways, hospitals, etc.).in metropolitan areas must be accompanied by
the comments of an areawide comprehensive planning agency as to the
relationship of the proposed project to the planned development of
the area.
-- Section 102(2)(C) requires that Federal agencies prepare
statements evaluating the impact of any actions they may take that
significantly affect the environment. Such statements are submitted
to the Council on Environmental Quality. Provision is made for inputs
to these "environmental impact statements" by State and local govern-
mental environmental quality agencies.
The following paragraphs are aimed at clarifying the Regulations
promulgated by Circular No. A-95.
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PART I: PROJECT NOTIFICATION AND REVIEW SYSTEM
The Project Notification and Review System (PNRS) may be thought
of as an "early warning system"Jto facilitate coordination of State,
regional, and local planning and development assisted under various
Federal programs. Coordination is sought through review of applica-
tions for Federal assistance by State and metropolitan or regional
clearinghouses. There are State clearinghouses in all fifty States
(as well cs in the District of Columbia and Puerto Rico). A network
of over 350 metropolitan and regional (nonmetropolitan) clearinghouses
covers nearly one-half of the Nation's counties which comprise approxi-
mately 85 per cent of the population.
The "early warning system" - project notifications. Under earlier
regulations ir.tplementing section 204 of the Demonstration Cities and
Metropolitan Development Act of 1966 the normal course of action for a
State or local agency applying for Federal assistance was to prepare the
application and submit it to the reviewing agency which had 60 days
in which to file comments. However, this approach not only added 60
days to the time necessary for applying for aid, it often did not
permit sufficient opportunity for effective coordination or constructive
change in the application pursuant to the review. In some metropolitan
areas, the areawide reviewing agency was able to persuade the applicant
to consult with it prior to completion of the application. Early con-
sultation permitted the review agency to assist the applicant in
developing the project so as to avoid conflict with plans and programs
of other jurisdictions.
It is this early consultation approach that the project notifica-
tion approach seeks to encourage.
A potential applicant (State or local agency, or other) for assist-
ance under a program covered by Part I is required, when he has decided
to apply for a grant, to notify both the State and, as appropriate, the
regional (nonmetropolitan) or metropolitan clearinghouse of his intent
to do so. The notification is to include a brief eutamary description
of the proposed project. The clearinghouses have 30 days in which to
indicate their interest and to arrange for consultation on the pro-
ject. If the clearinghouses notify the applicant that they have no
interest in or problems with the proposed project, the applicant has
fulfilled his obligation and need consult no further with them before
completing and submitting the application to the Federal agency, un-
less the clearinghouse indicates an interest in reviewing the com-
pleted application.
If a clearinghouse indicates during the Initial 30 day period a
wish to confer with the applicant, conferences are arranged. During
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this period and subsequently, the applicant will be preparing his
application. If conferences with the clearinghouse surface issues
or conflicts over the proposed project, the clearinghouse may assist
in the resolution of such problems. At any time problems are resolved,
the clearinghouse may "sign, off", concluding the review.
Thus, with the advice and assistance of the clearinghouses, by the
time the application is completed either (1) all issues (if any) will
have been resolved or (2) any remaining issues will be clearly iden-
tified. If necessary, a clearinghouse may have an additional 30 days
in which to file comments to accompany the application.
(Note: The PNRS under the revised Circular no longer distinguishes
between programs covered pureuant to Section 204 of the Demonstration
Cities and Metropolitan Development Act of 1966 and those added pursuant
to Title IV of the Intergovernmental Cooperation Act of 1968. All
clearinghouses have 30 days to consider a project description - i.e.,
the "project notification" - and, if necessary, 30 days to consider the
completed application (or a more complete description), prior to its
submission to the Federal agency. This is true of all applications
whether or not in a metropolitan area).
Notification: form and content. The amount and detail of infor-
mation provided at the project notification stage will - because of
the great diversity of programs covered - tend to be highly variable.
For some projects, the application may be developed quickly and easily.
In such cases, the application itself may serve as the notification.
In such cases, of course, the clearinghouse will want to expedite
review as much as possible so as not to unnecessarily slow up the
application process. For other types of projects, many months may be
required to develop the application, and it may be that the informa-
tion that can be provided at the notification stage may be quite sparse
and sketchy. The important thing, however, is that the clearinghouse
is put on notice. If information is inadequate, it can be fed in as
it becomes available, but the clearinghouse may serve the applicant
best if it is informed at the earliest stage. This permits the clearing-
house to steer the applicant away from conflicts or towards opportunity
as he develops the specifics of the project for which he is seeking
Federal aid.
For some programs, Federal agencies have developed what are, in
effect, pre-application forms that can also serve quite effectively
as project notifications. Standard Form 101 for water, sewer, and
waste disposal assistance from HUD, USDA/FHA, FWQA and EDA is an
example, as is OEO Form 46 for community action projects and activi-
ties. Inasmuch as a number of clearinghouses have developed their
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own forms, OMB has told Federal agencies that Federal forms are to
be considered options! as project notification forms. However,
where these have to be filled out anyway by the applicant, a double
burden is put on him. Where this is the case, clearinghouses should
consider the effects of this added effort on the applicant. What is
important about the notification is the information that it carries,
not the form on which it is written.
While the primary purpose of the PNRS is to coordinate Federally
supported programs with State, areawide, and local plans and programs,
it should be remembered that the purpose of the Federal programs is to
help the applicant in the solution of a problem. Therefore, the PNRS
emphasis should be on helping the applicant to develop the best pos-
sible project to achieve his objectives in a manner that will not do
violence to the plans and programs of other jurisdictions and agencies.
Clearinghouse functions. There are three types of clearinghouses:
(1) State clearinghouse, a State agency with comprehensive plan-
ning capacity, designated by the Governor.
(2) Regional clearinghouse, a nomnetropolitan areawide agency
with general planning capability, designated by the Governor,.
(3) Metropolitan clearinghouse, a metropolitan areawide agency
recognized as such as by the Office of Management and Budget for the
purposes of section 204 of the Demonstration Cities and Metropolitan
Development Act of 1966.
The term, "clearinghouse" is meant to fully reflect the functions
of these agencies:
-- to identify the relationship of any project to Statewide or
areawide comprehensive plans,
-- to identify the relationship of any project to the plans or
programs of particular State agencies or local governments.
While clearinghouses are expected to have comprehensive planning
capabilities or direct access to such capabilities in order to identify
the compatibility of proposed projects to Statewide or areawide plans,
the "clearinghouse" aspect is equally important. It can yell happen
that a project which is not inconsistent with State or areawide com-
prehensive planning may be in conflict with the plans or programs of
a particular State or local agency.
Thus, when an applicant sends a notification to the State clearing-
house, the clearinghouse will not only examine the project from the
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standpoint of State comprehensive planning but will forward a copy
of the notification to any State agencies having plans or programs
that might be affected to ascertain their interest in participating
in any follow-up conferences with the applicant. The regional or
metropolitan clearinghouse to which the applicant also sends the
nitification will, similarly, contact specific local governments
and agencies which might be affected.
For example, community action or model cities agencies should
receive notifications of projects which could have an impact on
the poor; or agencies responsible for environmental quality should
receive notifications of projects having an anticipated environ-
mental impact.
It should be noted that when comments of these other parties
are submitted through clearinghouses, the clearinghouses must trans-
mit those comments to the applicant, and they too must accompany the
application.
Relationships established with State and local agencies - in-
cluding quasi-governmental and private agencies - through conscientious
application of the "clearinghouse" aspect of the PNRS can enhance the
status of the individual clearinghouse as a focal point for planning
coordination. In addition the expert inputs of these agencies to the
review process represent a useful supplement to the clearinghouse's
own review resources and capabilities.
Applications from special purpose units of government. One important
aspect of local government liaison function of the regional and metro-
politan clearinghouses is the implementation of section 402 of the
Intergovernmental Cooperation Act, which provides that:
"Where Federal law provides that both special-purpose
units of local government and units of general local govern-
ment are eligible to receive loans or grants-in-aid, heads of
of Federal departments and agencies shall, in the absence of
substantial reasons to the contrary, make such loans or grants-
in-aid to unit of general local government rather than to
special-purpose units of local government."
Thus, when an application is to come from a special-purpose unit
of government, it is a clearinghouse responsibility to assure that
the Federal agency is informed as to the intentions of the general-
purpose units within which the project is located so that it can act
in compliance with section 402.
Inter-Clearinghouse relationships.
1. S tat e/Me t ropolit an; While State and Metropolitan clearing-
houses may conduct reviews quite independently of each other, it is
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desirable that they establish cooperative arrangements for coor-
dinating their reviews, A well coordinated State-metropolitan (or
regional) review system will provide much better service to the
applicant. It can reduce duplication of effort by clearinghouoes
as well as time spent by the applicant in conference and consulta-
tion. While it is possible that State and metropolitan clearing-
houses may disagree over the merits of a project, a coordinated
review is likely to produce a more consistent and thoroughgoing
project evaluation.
2. Metropolitan/regional; In some States a rather more com-
plex situation has risen which requires even closer coordination.
Some Governors have designated regional clearinghouses that overlap
or encompass metropolitan clearinghouse jurisdictions. Thus, an
applicant may find himself in two clearinghouse jurisdictions, not
knowing where his responsibilities lie.
OMB has urged clearinghouses to develop coordinative arrange-
ments, particularly to alleviate applicant confusion. While such
arrangements are being worked out, the OMB Clearinghouse Directory
may list overlapped counties (which include municipalities, and
other applicants therein) under both clearinghouse Jurisdictions.
This, 'however, still leaves the applicant with the burden of sending
notifications to both metropolitan and regional clearinghouses as
well as to the State clearinghouse. OMB has notified overlapping
clearinghouses that it will accept any arrangements agreed to by
major parties at interest, but it regards the problem as one for
State and local determination.
This problem is further exacerbated in the case of interstate
metropolitan areas where parts of the metropolitan clearinghouse
jurisdiction may be included in regional clearinghouse areas in two
or more States. A possible solution is to have notifications from
within the metropolitan Jurisdiction sent only to the metropolitan
clearinghouse. It, in turn, would be required to pass on copies of
the notification to the appropriate regional clearinghouse. This
approach, of course, is equally possible in the case of intra-State
clearinghouse overlaps.
3. AdTacent clearinghpuses. Because projects in one region or
metropolitan area may adversely affect an adjacent region ---airports,
pollution facilities, for example -- clearinghouses in adjacent areas
are required to establish coordinative arrangements to identify and
mitigate possible interarea conflicts.
Federal agency responsibilities under the PNRS. Federal agency respon-
sibilities under the PNRS are quite simple, and involve the following:
1. The Federal agency Is responsible for informing potential
applicants that they are required to submit to appropriate State and
metropolitan clearinghouses notifications of intent to apply for
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assistance under the particular program. Applicants should be
told that no applications will be considered unless they have
gone through the process. Directories of clearinghouses are
supplied to Federal agencies by OMB. Contents of notifications
are described in paragraph 5, Part I of the Circular.
2. Any comments accompanying applications are to be utilized
by agency people in evaluating applications. A special case exists
where an application is from a special purpose unit of government.
If comments indicate a similar application is coining from the
general purpose unit of government within which the applicant is
located, preference will be given to the general purpose unit.
3. When any substantive action is taken on an application --
approval, return for amendment, rejection, etc. -- the Federal agency
must so inform the clearinghouses through which the application has
passed within 7 days after such action has been taken.
This latter responsibility is the most frequently overlooked among
Federal agency responsibilities, yet it is extremely important to the
clearinghouses. Most are comprehensive planning agencies and .feedback
information permits them to keep a running inventory of what develop-
ment is taking place - or is not likely to happen.
Federal agencies may use any means of transmitting such infor-
mation. Perhaps the simplest means is by copy of the letter that
informs the applicant of the action. For approvals, a copy of
Form 240 informing States of grant approvals under Circular No. A-98
may be used.
Environmental impact. Section 102(2)(C) of the National Environmental
Policy Act requires Federal agencies to submit to the Council on Environ-
mental Quality - on any action significantly affecting the environment
- an "environmental impact statement." While it is the Federal agency
that must submit the statement, many or most agencies administering
grant-in-aid programs will require the applicant to submit informa-
tion on such projects, on which environmental impact statements can
be based.
Section 102(2)(C) provides for an input to environmental impact
statements by State and local agencies which are authorized to
develop and enforce enviionmental quality standards. Thus, it is
the responsibility of clearinghouses to identify State or local
environmental agencies, provide them with project notifications,
and assure them opportunity to make such comments as they may
deem appropriate. Of course, in some cases the clearinghouse
itself may have direct environmental responsibilities.
Beyond this, the clearinghouse, if it so desires, may assist
applicants in the preparation of necessary environmental impact data
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or provide its own comment* on the environmental impact of both Federal
and Federally-assisted projects, or undertake other related action in
assisting or facilitating State and local inputs into environmental
impact statements.
Program coverage under Part I. Attachment D of Circular No. A-95 lists
- by reference to the Catalog of Federal Domestic Assistance numbers
and titles - the programs under which applications for assistance are
subject to the requirements of Part I. These are mostly programs
assisting physical development, although a number of social or human
resource programs are covered as well.
In order to focus the review resources of clearinghouses on pro-
jects of areawide or interjurisdictional significance, provision is
made for exclusion of certain categories of projects under various
programs. Such exclusions would oeed to meet certain criteria such
as lack of geographical identification (e.g., certain broadly based
research projects) or purely local input (e.g., a 1/2 acre tot-lot).
Exclusions would be proposed by the Federal agency administering the
program and would need the concurrence of CMB in consultation with
appropriate public interest groups. Clearinghouses will be notified
of any exclusions. Beyond this, of course, any clearinghouse may choose
to further limit the scope of its reviews. Local circumstance and
clearinghouse resources will indicate the feasibility of further limi-
tations .
Housing reviews. The revised Circular covers HUD housing assistance
and mortgage insurance programs for projects of certain minimum sizes:
in subdividions, 50 or more lots;
in multi«family projects, 100 or more dwelling units;
in mobile home courts, 100 or more units; and
in college housing, accommodations for 200 or more students.
The review process under the PNRS is different for these projects. Under
HUD housing assistance procedures, a developer submits what is, in effect,
a preliminary application to a HUD area or insuring office. The applica-
tion contains a description of the project, detailed enough for HUD to
evaluate it, but lacking detailed construction plans. Generally, the
evaluation is made quite rapidly, taking no more than a matter of
several weeks, and the developer is notified as to whether the project
appears approvable for mortgage insurance commitment or other support.
Even if FHA mortgage insurance is not going to be sought, some mort-
gage lenders will require a favorable FHA report before they will
make a construction loan.
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The A-95 review process for HUD housing programs will operate
with respect to this pre-application phase and consequently may
cover not only projects which will be insured or supported by HUD
but also some whose financing will be conventional.
The process will operate as follows: when the HUD area or in-
suring office receives a request for what is called a "feasibility
analysis", it will send copies to the appropriate State and metro
or regional clearinghouses. The clearinghouses will have 15 days
to submit comments on the relationship of the proposed project to
State or areawide plans and programs or on any quections of environ-
mental impact. Since HUD approvals require conformance to local
zoning and subdivision regulations, the locality normally would
already have been contacted by the prospective developer.
While the time span is very short for housing reviews, this
stage of the application process is the most critical for clearing-
house inputs. It is also extremely critical for the developer, and
to extend the review time for clearinghouse reviews in view of the
relatively short HUD processing time at this stage would be a dis-
service. Clearinghouses are urged to establish early liaison with
the appropriate HUD offices to acquaint themselves with the HUD
housing programs and procedures and to acquaint HUD officials with
clearinghouse missions and operations in order to maximize the ef-
fectiveness of housing reviews.
Because of local zoning and subdivision controls or local com-
prehensive plan requirements, clearinghouse inputs may be minimal with
respect to many or most individual projects except those of major size
or strategic location. The primary value of notifications to clearing-
houses is the intelligence they provide of emerging growth patterns
that will have to be considered in the areawide comprehensive planning
process.
A-95 and A-98 relationships. The substance of Circular No. A-98 was
originally Part III of Circular No. A-95. Circular No. A-98 promul-
gates a standard form (No. 240) for Federal agencies to use in reporting
the amount and purpose of grants-in-aid made within each State as re-
quired by Section 201 of the Intergovernmental Cooperation Act of 1968.
This information is useful to State for budgetary planning and program-
ming. Many states, particularly where the State clearinghouse also
handles grant award information, have developed a computerized system
for handling this information and have tied it to the PNRS under A-95.
The objective of the tie-in is to trace Federal grants from the initial
application to Federal funding. This permits the State to not only
know what grants have actually been made (A-98) but to anticipate
grants that may be made (A-95), giving additional perspectives for
State planning, programming and budgeting.
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Of course, the notice of grant awards under A-98 covers a sub-
stantially greater range of grant programs than does A-95. At the
present time, also, not all States have tried to integrate A-95 and
A-98 information, nor have metropolitan and regional clearinghouses
who do not receive A-98 information directly, although the States
are required to make it available to them.
PART II: DIRECT FEDERAL DEVELOPMENT
Part II requires that Federal agencies engaged in direct develop-
ment of Federal projects such as Federal civil works, military or
scientific installations, public buildings, etc., must consult with
State and local governments that might be affected by those projects.
Where projects are not in conformity with State, regional or local
plans the Federal agency will be required to justify any departures.
The requirement applies not only to construction but to the acquisition,
use, and disposal of Federal real property.
In addition, in the preparation of environmental impact statements
pursuant to Section 102(2)(C) of the National Environmental Policy Act,
these Federal development agencies are required to seek the views and
comments of State and local environmental agencies. Regulations of
the Council on Environmental Quality indicate the clearinghouses as
the appropriate channel through which to secure the required State
and local views and comments.
The clearinghouses designated pursuant to Part I of the Circular
provide the most effective vehicle available to Federal development
agencies to assure that all appropriate State and local agencies are
consulted on proposed projects. The clearinghouses are generally the
State, metropolitan, or regional comprehensive planning agencies; and
in conducting the PNRS reviews they have occasion to identify the
interests of all development agencies at State and local levels.
Thus, Federal agencies will generally need to touch base with clearing-
houses in any event. And while the nature of Federal development may
not always lend itself to the project notification and review system
per s_e, the clearinghouses can greatly facilitate the consultation re-
quired under Part II of revised Circular No. A-95.
PART III: STATE PLANS
Numerous Federal assistance programs require, as a condition of
assistance, submission of State plans. These are highly variable in
nature and content. While some are plans in the normal sense - "What
do I want to do and how am I going to do it?" -- others only indicate
the basic administrative apparatus through which the program will be
carried out. However, associated documentation required to be pre-
pared or submitted on a periodic basis will generally provide informa-
tion as to the specific activities for which program funds will be
spent, even though this information does not appear in the "plan" itself.
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Part III requires that Governors be given an opportunity to
review such plans or associated documents indicating proposed pro-
gram activities. This will permit the Governor to relate development
strategies among the various Federally supported State programs to
each other and to any overall strategies developed through the State
comprehensive planning process,
PART IV: COORDINATION OF PLANNING AND DEVELOPMENT IN MULTIJITRIS-
DICTIONAL AREAS
Part IV of the Regulations was developed to offset a growing
tendency among Federal programs to promote the establishment of regic-al
planning activities that were uncoordinated, geographically or func-
tionally. In nonraetropolitan areas this hao meant a serious drain on
already limited planning resources. In metropolitan areas it has in-
tensified confusion and general duplication of effort.
Part IV of the Regulations is closely related to Part I. By en-
couraging the States to develop systems of sub-State planning areas,
it sets the stage for a more complete geographic coverage of the
Project Notification and Review System. Similarly, the PNRS by re-
quiringfcdearinghouse review of projected planning and development
activities under various Federal programs, sets the stage for the more
systematic and continuing planning coordination envisioned under Part IV
While the most obvious aspect of Part IV is its emphasis on con-
forming the boundaries of Federally sponsored planning and development
districts with each other and State-established districts, an equally
significant requirement (paragraph 3) of Part IV is often overlooked.
This is the requirement that applicants for Federal assistance to ac-
tivities planned on a multijurisdictional basis coordinate their plan-
ning with planning for related programs in the area. This would in-
volve identifying related planning activities and organizations and
demonstrating what coordinative arrangements have been or are being
established.
Paragraph 3 of Part IV provides in effect, an operational defin-'-
tion of planning coordination and identifies — but does not prescript;
-- various coordinative techniques such as the establishment of umbr^' la
organizations under which various organizations could be coordinated
operationally and policy-wise while maintaining their own identities,
If that is necessary. Metropolitan and regional clearinghouses cduld
lend themselves well to this role in many cases.
Coordinative devices that c«n prevent overlap and duplication of
planning include arrangements for Joint staffing and facilities, coop-
erative research and data gathering, and utilization of common and
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consistent statistics, projections, and assumptions about the area
and itp future. The latter is extremely important, both in terms
of resource savings and in eliminating one of the most basic sources
of plan conflicts.
The achievement of these coordinatlve arrangements, then, ia a
necessary concomitant effort with confoming boundaries; for a
common territorial base by itself does not assure coordination.
There must be contsct, communication, and cooperation between organi-
zations planning for various aspects of area development for that to
occur.
SUMMARY
OMB Circular No. A-95 is fundamentally an effort to create a
climate where intergovernmental cooperation can take root and flourish.
It does this by creating opportunities for contact and communication
within and between the several levels of government. This contact and
communication is a necessary precondition for coordination.
In order to take full advantage of those opportunities, it is im-
portant that the various actors have an appreciation of the require-
ments as opportunities, rather than as administrative obstacles.
-- The applicant should recognize the opportunity to develop a
better project through avoidance of conflict and the discovery of
means for getting "more bang for the buck" out of its investment.
-- The Federal agency should recognize the opportunity for in-
creasing program effectiveness through the same means and through
applicant awareness of the need for sound planning and coordination.
-- The clearinghouses should recognize the opportunities for pro-
viding real service to applicants which will enhance their credibility
and status na a constructive force in the area or in the management of
the State goverrnnent.
In sura, the Regulations promulgated under Bureau of the Budget
Circular No. A-95 are aimed at promoting more effective coordination
of planning and development activities carried on or assisted by the
Federal Government. The major device of the Regulation is encourage-
ment of systematic communications between the Federal Government and
State and local governments carrying out related planning and develop-
ment activities. Used judiciously by State and local governments and
regional bodies, the processes set forth in the Regulations can result
In more expeditious, more effective, and more economical development.
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EXHIBIT 1
PROJECT NOTIFICATION AND REVIEW SYSTEM
The following outlines the process of the "Project Notification
System" developed to implement, in part, Title IV of the Inter-
governmental Cooperation Act.
STEP 1.
STEP 2.
STEP 3.
STEP 4a.
b.
STEP 7.
STEPS.
Potential applicant desiring Federal assistance
makes inquiries of Federal agency.
Federal agency informs applicant that, among other
things, it must notify both State and regional (or
metropolitan) clearinghouses about the project for
which it intends to apply for assistance.
Applicant notifies clearinghouses.
State clearinghouse notifies State agencies which
might have programs affected by proposed project,
including where appropriate, environmental agencies.
Regional or metropolitan clearinghouse notifies local
government agencies whose interests might be affected
by the proposed project, including where appropriate,
local and regional environmental agencies.
State agencies or local governments inform clearinghouse
of interest, if any.
Clearinghouse arranges conference with applicant withir.
30 days of notification pursuant to its own or other
State or local interest.
Conferences are held to:
a. Explore project in greater detail.
b. Identify possible conflicts or mutuality of
interest.
If continuing Interest, applicant and clearinghouses
(vlth any State or local interest), cooperate in devel
oping application to:
t. Resolve conflicts
b. Strengthen project
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STEP 9. If conflicts are not resolved, clearinghouse
notifies applicant that it will have comments
to accompany the application. Qtote: Con-
flicts may arise as between clearinghouses or
particular State agencies or local governments
as to the merit of a project, so such consents
may be variably supportive or critical.)
STEP 10. Applicant submits application (or adequate project
description) to clearinghouse(s) for comment, pro-
viding 30 days therefor.
STEP 11. Clearinghouse (s) submits any formal cotrments of its
own or of particular State agencies or local govern-
ments to applicant.
STEP 12. Applicant submits application to Federal agency,
including comments, if any; or, if none, a statement
that requirement has been followed.
STEP 13. Federal agency considers application and.comments
and informs clearinghouses of action taken thereon.
It is possible for the process to come to a satisfactory conclusion
at the completion of Steps 5, 7, or 8 as well as, of course, Step 13.
At either of the earlier Steps, clearinghouses can inform applicant
of general satisfaction with the project and that they will have no
(or supportive) comment. In such case, the applicant completes the
application and submits it to the Federal agency with a statement
that the requirement has been followed (or with any supportive consnent),
Step 13 - Information to clearinghouses on action taken on the
application by the Federal agency is. of course, always required.
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EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
BULLETIN NO. 72-6 September 14, 1971
TO THE HEADS OF EXECUTIVE DEPARTMENTS AND ESTABLISHMENTS
SUBJECT: Proposed Federal actions affecting the environment
1. Purpose. This Bulletin establishes procedures to be
followed in certain instances by Federal agencies in tak-
ing or proposing actions coming within the scope of Section
102(2)(C) of the National Environmental Policy Act of 1969
(Public Law 91-190).
2. Background. Section 102(2)(c) of the National Environ-
mental Policy Act requires that, in connection with recom-
mendations or reports on proposals for legislation and other
major Federal actions significantly affecting the quality of
the human environment, Federal agencies shall prepare de-
tailed statements concerning the environmental impact of
such actions. Such statements are to be prepared after con-
sultation with, and in consideration of comments made by
appropriate Federal, State, and local agencies. The Council
on Environmental Quality has published guidelines for imple-
menting the statutory requirement (36 F. R., 7724-7729).
3. Requirements
a. Proposed legislation and reports on bills. Agen-
cies are responsible, as set forth in the guidelines of the
Council on Environmental Quality, for determining which of
their legislative proposals or reports require preparation
of a Section 102(2)(C) environmental impact statement, and
for obtaining the comments of the appropriate Federal,
State, or local agencies. Where a 102 (2) (C) statement is
determined to be required, in connection with the submission
of a legislative proposal or report to the Office of Manage-
ment and Budget for clearance pursuant to Circular No. A-19,
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the responsible agency shall make every effort to have
a statement prepared in time for information copies of
such statement to accompany the proposal or report; where
this is not possible, the responsible agency should in-
dicate when such a statement will be available. OMB will
consult with CEQ in all cases where the responsible agency
has submitted, or indicated need for, a 102(2)(c) state-
ment. In those cases where the clearance process discloses
the need for a 102(2) (C) statement and none is under pre-
paration, the responsible agency will be requested to
develop such a statement.
In connection with any modifications of the proposal or
report resulting from the clearance process, the responsi-
ble agency will make any revisions in its proposed 102(2)
(C) statement that may be required. Compliance with the
102(2) (C) statement does not, of course, relieve any agency
or Office of Management and Budget from responsibility for
giving the fullest consideration to environmental factors
in developing its views on legislative proposals or reports
in accordance with Circular A-19. The responsible agency
should transmit its 102(2)(c) statements on legislative
proposals and reports to the appropriate Congressional
committees in accordance with Section 10 (c) of the revised
guidelines of the Council on Environmental Quality.
b. Annual budget estimates. Annual budget estimates
shall be accompanied by a summary list of those specific
actions covered by the estimates which, in accordance with
agency procedures, require the preparation of a 102(2)(C)
statement. The list shall include, in the form illustrated
in Exhibit 1, the following information by appropriation
or fund account:
Column A - Action, project or activity. Identify
the agency actions and individual projects and activities
requiring the preparation of a 102(2) (C) statement.
Column B - Funds involved. Identify the amount
of funds involved in the budget year, expressed in terms
of budget authority and outlays, for those items listed in
Column A.
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Column C - Status of statement. Indicate, in
each instance, if a draft statement has been completed,
whether comments from interested parties have been received,
and whether final statements have been completed.
Column D - Unusual aspects. Briefly identify
unresolved issues, potential controversy, and unusual
nature or degree of impact upon the environment.
In the case of programs for which it is not possible to
make an assessment of the potential impact on the environ-
ment, or to identify 102(2) (c) statements that will be
required, agencies may include a narrative statement con-
taining information about general environmental impact and
as to when decisions are expected on the need for 102(2) (c)
statement^.
In addition to submitting the summary list prescribed above,
to facilitate consideration by the Office of Management and
Budget of environmental aspects of budget items, each agency
shall, at the earliest time possible, notify the appropriate
budget examiner of the Office of Management and Budget of
any action expected to be included in the agency's budget
estimate which will have impact upon the environment of
particularly significant and/or potentially controversial
nature.
Individual draft or final statements and information to
update the listings required above shall be provided by
the agencies to members of the staff of the Office of
Management and Budget upon their request.
c. Water resource project reports. Project reports re-
viewed by the Office of Management and Budget pursuant to
Executive Orders 9384 and 10654 often involve proposed
actions that may require application of Section 102(2)(C)
procedures. In such cases, either a draft or final state-
ment, as available, shall accompany the project report
when it is referred for comments to interested Federal,
State, and local agencies. The final statement and
associated comments shall accompany the project report
when submitted to the Office of Management and Budget for
review.
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4. Review of Federal actions by State and local governments.
Section 102(2) (C) requires agencies to include the comments
and views of the appropriate Federal, State, and local
agencies which are authorized to develop and enforce environ-
mental standards. The Council on Environmental Quality
Guidelines and the Office of Management and Budget Circular
No. A-95 establish the procedures to be followed in obtaining
Federal, State, and local review of proposed actions subject
to Section 102(2) (C) .
5. Exceptions to these procedures. Should instances arise
in which an agency believes compelling reasons exist for
departure from these procedures, the matter should be raised
with appropriate staff members of the Office of Management
and Budget. *
6. Rescission of previous Bulletin. Office of Management
and Budget Bulletin No. 71-3, dated August 31, 1970, is
rescinded, effective this date.
GEORGE P. SHULTZ
Director
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EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
December 31, 197U CIRCULAR NO. A-106
TO THE HEADS OF EXECUTIVE DEPARTMENTS AND ESTABLISHMENTS
SUBJECT: Reporting Requirements in Connection With the
Prevention, Control, and Abatement of
Environmental Pollution at Existing Federal
Facilities
1. Purpose. This Circular provides procedures ,to be
followed by Federal agencies in carrying out the provision
of Section 3(a)(3) of Executive Order No. 11752 of December
17, 1973, pertaining to the control of environmental
pollution from existing Federal facilities.
2. Rescission. This Circular, supercedes and rescinds
Office of Management and Budget (OMB) Circulars No. A-78 and
A-81 dated May 18, 1970.
3. Definitions.
a. The term "Federal agencies" means the departments,
agencies, establishments, and instrumentalities of the
executive branch.
b. The term "facilities" means the buildings,
installations, structures, land, public works, equipment,
aircraft, vessels, and other vehicles and property, owned
by, or constructed or manufactured for the purpose of
leasing to, the Federal Government.
c. The term "project" means an action to achieve needed
corrective measures relative to identified environmental
pollution sources within a Federal facility.
d. The term "cost" means the amount of funds required
for putting in place the necessary environmental protection
measures. These costs include the capital costs of
structure and equipment, irrespective of the appropriation
chargeable, but not the annual maintenance and operating
costs,
(No. A-106)
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e. The term "lease-construction" means construction of
a facility by a private entrepreneur to meet requirements of
a Federal agency in consideration of a commitment by the
agency to lease the facility at a specified price for a
specified time period.
f. The term "Director" means the Director of the Office
of Management and Budget.
g. The term "Administrator" means the Administrator of
the Environmental Protection Agency.
4. standards. All facilities are to conform to the
requirements specified in Section 4 of the Order. Those
requirements are as follows:
a. Federal, State, interstate, and local air quality
standards and emission limitations adopted in accordance
with or effective under the provisions of the Clean Air Act,
as amended.
b. Federal, State, interstate, and local water quality
standards and effluent limitations respecting the discharge
or runoff of pollutants adopted in accordance with or
effective under the provisions of the Federal Water
Pollution Control Act, as amended.
c. Federal regulations and guidelines respecting
dumping of material into ocean waters adopted in accordance
with the Marine Protection, Research, and Sanctuaries Act of
1972, and the Federal Water Pollution Control Act, as
amended.
d. Guidelines for solid waste recovery, collection,
storage, separation, and disposal systems issued by the
Administrator pursuant to the Solid Waste Disposal Act, as
amended.
e. Federal noise emission standards for products
adopted in accordance with provisions of the Noise Control
Act of 1972 and State, interstate, and local standards for
control and abatement of environmental noise.
f. Federal guidance on radiation and generally
applicable environmental radiation standards promulgated or
recommended by the Administrator and adopted in accordance
with the Atomic Energy Act, as amended (42 U.S.C. 2011), and
(No. A-106)
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rules, regulations, requirements, and guidelines on
discharges of radioactivity as prescribed by the Atomic
Energy Commission.
g. Federal regulations and guidelines respecting
manufacture, transportation, purchase, use, storage, and
disposal of pesticides promulgated pursuant to the
provisions of tho Federal Insecticide, Fungicide, and
Rodenticide Act, as amended by the Federal Environmental
Pesticide Control Act of 1972.
5. Agency Responsibilities. Pursuant to their
responsibilities under the Order, Federal agencies:
a. Should cooperate with State, interstate, and local
pollution control agencies and with other Federal agencies
in the evaluation of their pollution control needs.
b. May seek the assistance of the Administrator to
determine the standards and the appropriate implementation
schedules applicable to particular facilities.
6. ^Pollution Control Plans.
a. Federal agencies must develop plans to assure that
their facilities meet the standards listed in paragraph b of
this Circular.
b. Such plans are to cover existing facilities as
defined in paragraph 3b of this Circular. "Lease-
construction" is an example of a type of facility covered
under this provision, but facilities used under ordinary
leases are not covered. Remedial measures required for
buildings and equipment owned by non-Federal lessees on
Federal land are not to be reported under this Circular
unless the responsible Federal agency attests that they are
constructed and operated for a Federal purpose. In cases
where lease agreements with non-Federal lessees obligate the
Federal Government to provide pollution control measures,
remedial measures are to be reported under this Circular.
c. The agency plan should include all projects
involving "costs," as defined in paragraph 3d of this
Circular, which are necessary to bring existing facilities
into compliance with applicable standards. Funds required
for studies, management and monitoring associated with the
definition and development of corrective measures and
(No. A-106)
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necessary equipment to assure compliance with standards
should also be included in the plan.
d. In determining the most cost-effective remedial
measxires necessary for a particular facility to meet the
standards, agencies should take into account such factors
as: the future use of the facility; the best practicable
technology available; the need for control system reserve
capacity; the various alternative methods of control
including process change; and the use of joint or regional
pollution control facilities.
e. Agency plans should include the milestones for the
design, construction, and completion of projects which, when
submitted to the Director, will represent an agency
commitment to comply with applicable standards considering
the Federal budgetary process and assuming that the
requested funds will be appropriated by the Congress and
allocated to the agency as planned.
f. Facilities may be exempted from applicable standards
in the interest of national security or in extraordinary
cases in which it is in the paramount interest of the United
States. Such exemptions must be made in accordance with the
provisions of Section 5 of the Order.
7. Reports.
a. Agency plans are to be reported in accordance with
procedures prescribed by the Administrator. Such procedures
will provide for submission of pertinent details of each
individual project and a summary status report of the
overall plan.
b. The reports will be submitted semiannually on
December 31 and June 30 to the Director thru the
Administrator. After review of the reports, the
Administrator will forward the agency's reports to the
Director.
c. By September 30 of each year the Administrator will
also forward to the Director an evaluation of each agency's
report.
8. Communications with the Administrator. Communications
withtheAdministrator should be directed to the
Environmental Protection Agency, attention: Office of
(No. A-106)
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Federal Activities, 401 M Street, S.W., Washington, D.C.
20460, phone 755-0790 (code 138).
9. Communications with the Director. Questions regarding
the "implementation of this Circular should be addressed to
the Office of Management and Budget, Washington, D.C.
20503, phone 395-6827 (code 103).
ROY L. ASH
DIRECTOR
(No. A-106)
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Environmental Protection Agency
Procedures for Reporting Proposed Pollution
Abatement Projects -for Federal Facilities
Section 3(a)-(3) of Executive Order1 11^52, dated
December 17, 1973, requires that the heads of Federal agencies
present to the Director of the Office of Management and Budget,
annually, plans for pollution abatement and waste management
at facilities under their jurisdiction. The plans are to
identify those projects necessary to bring Federal facilities
Into compliance with applicable environmental standards on air
and water quality, noise control, solid waste management,
and uses of radioactive materials and pesticides. When sub-
mitted- to the Director, the plans will represent an agency
commitment-to comply with applicable standards considering
tJie Federal budgetary process and assuming that the' requested
£un4s will.be.appropriated by the Congress and allocated" to
tfee- agency as planned.
OMB Circular No. A-106, issued December 31, 1974, sets
forth the general £r_c-oedures to be followed in the preparation
aad submission of the plans. The Circular stipulates that
the agency plans are to be submitted to the Administrator of
tfce Environmental Protection Agency in accordance with such
detailed procedures as he may pre'scr-ibe". Such procedures
are to jDrovisle for submission of 'pertinent details of each
individual pollution abatement and waste management project
and a summary -status report of the overall plan The
procedures are set forth herein.
Effective Date: The procedures set forth hereunder
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are effective immediately upon the date of publication-
DATE:
ra:
Administrator
Procedures for Reporting Proposed Pollution
Abatement Projects for Federal Facilities
1. Exhibit 1 - Proposed Project Report
a. On August 1, 1974, the Federal agencies were to
report all active pollution control projects
including those reported under the rescinded
Circulars No. A-78 and A-81. Exhibit 1's were
»
submitted for projects proposed for inclusion in
the fiscal year 1976 budget and all active projects
for which funds have been appropriated. Projects
proposed for funding in fiscal year 1976 were reported
in the format required herein (Exhibit 1). Funded
projects were reported in the format prescribed by
the rescinded Circulars No. A-78 and A-81. Completed
projects were not to be reported.
B. After the initial report, submission of Exhibit 1 is
required only for new projects or to report signi-
ficant changes in the information provided in a
previous Exhibit 1. These new or revised Exhibit 1's
will be submitted semiannually on December 31 and
June 30 of each year using the new format. Each
revision of Exhibit 1 will show the latest information
as" of" 60 days prior to the semiannual reporting date.
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c. For tach submission, fo.tr copies are to be sent to
the Administrator, Environmental Protection Agency,
attention: Office of Federal Activities, 401 M. St.,
S.W., Washington, B.C. 20460.
d. Each project will be identified as to the category
of pollution control project involved (i.e., air,
water, solid waste, noise, radiation, pesticides).
All reported projects within each category will
be assigned consecutive numbers, beginning with "1."
Project numbers are for permanent identification and
raay not be reassigned to new projects. Projects
numbered under the rescinded OMB Circulars No. A-78 and
A-81 are to be continued under their original assigned
numbers'.
0. Projects at the same facility required for distinct
and separate purposes, are to be considered as
separate projects. Such separate projects will be
reported individually using appropriate project
numbers.
f. Item 10 of Exhibit 1 will include information not
shown elsewhere on the Exhibit which is necessary
for the- evaluation of the project. For example,
where th*e agency knows of changing circumstances
which will affect the practicability of under-
taking a project at a particular facility (e.g.,
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facility renovation or a change in mission of
the facility which would alter control needs),
these are to be indicated. If a project is dis-
continued, state in this item the reasons and
circumstances, if any, which might lead to a
reactivation of the project.
For leased facilities subject to the provisions
of this circular, describe under this item the
lease arrangements that would affect the possibil-
ity and practicability of utilizing control measures
for such facilities. Projects involving such
circumstances will be included on Exhibit 2 with
a reference to the explanation given on Exhibit 1.
If a project proposed in one environmental category
is likely to generate pollution of other kinds,
item 10 is to include a description of such addi-
tional impacts.
Any environmentally-related litigation which may
involve the project is to be described under
item 10.
g. Every item is to be completed for each project.
In addition, specific information is required for
the following areas:
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AIR: Item 2. Identify the pollutant(s) by name
for which the project will be required (for
example: particulate matter, sulfur oxides,
hydrocarbons, carbon monoxide, nitrogen
oxides, etc.).
Item 3. State the actual amount of pollu-
tants emitted by each point of emission being
controlled within the facility. These amounts
of pollution should be expressed in the
t«rms of the applicable emission standard
(«.g., Ib/hr, ppm, etc.) in item 8 at maximum
process operating rate.
Item 4. Identify the specific emission point(s)
which the project will control. This identi-
fication should be specific (e.g., "incinerator
in building xyz" rather than just "incinerator")
Item 5. Specify the existing pollution control
raeasures at the individual emission points.
If-.no control measures are being utilized,
state this.
Item 6. Indicate the percentage of the pollu-
tant which the control device removes.
Item 7. Indicate the type control device or
process modification to be utilized to control
emissions.
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Item 8. Indicate the applicable Federal, State,
or local air pollution emission control standard
which the facility is required to meet, refer-
encing the specific code, chapter, and part.
Also include the effective date of the standard.
Item 9. Indicate the project schedules proposed
fry the agency and as required by the standards
listed in item 8. If the agency schedule for
achieving compliance differs from statutory,
regulatory, or other milestones and deadlines,
indicate the dates the facility will meet them
and explain why the required dates will not be
Item 2. Describe specific pollution and nature
9f.problem/ e.g., unintercepted washrack wastes
containing oil and grease; overloaded sewage
treatment plant bypasses raw or partly treated
sewage to river; combined sewage overflow
carries untreated sewage to lake, etc. Use
•this item and items 3, 6, and 7 as appropriate
to describe infiltration inflow problems and
Measures required by "Spill Control and Counter-
measure Plans" formulated pursuant to 40 CFR 112,
"Qdl Pollution Prevention."
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Item 3. Show amount of waste generated and treated.
Indicate gallons per day (gpd), thousand gallons
per day (tgd), and million gallons per day (mgd).
Item 4. Identify the specific discharge point(s).
Show whether discharge is to water (name of
receiving water and location thereon), sewer
system (name), land application, subsurface
(e.g., septic system, drainfield, etc., or
underground strata through well injection).
Item 5. If problem as described in items 2
and 4 does not relate to an existing or pro-
posed treatment plant, identify in this item
the .plant/ if any, which ultimately receives,
or will receive, and treats the wastewater.
Item 6 and 7. In appropriate item, show
existing and proposed parts per million and/or
pounds in influent and effluent and percent
removal for all principal polluting constituents.
As 9 minimum biological oxygen demand (BOD)
(chemical oxygen demand (COD) and total organic
carbon (TOC) where applicable) and suspended
solids data should be shown wherever possible.
Item 8. This item should show exact portions
(citations where possible) of statutes and
regulations which impose the specific require-
ment to which the project responds. In
addition, enter the exact requirement (cri-
teria, etc.). Enter compliance schedules in
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item 9. Summarize unquantified or general
requirements if necessary. For discharge(s)
subject to NPDES requirements (PL 92-500,
§402; 40 CFR 125), state:
(1) whether a permit application has been
submitted;
(2) the application and/or permit number, and
the effective and expiration dates of any
permit(s) issued; and
(3) in summary, the conditions of each permit,
other than schedules to be entered in item 9.
Item 9. Indicate the project schedules pro-
posed by the agency and as required by the
standards listed in item 8. Where issued,
NPDES permit schedules should be entered in
the Regulation Schedule column. If the agency
schedule for achieving compliance differs
from statutory, regulatory, or permit mile-
stones and deadlines, indicate the dates the
facility will meet them and explain why
the required dates will not be met.
Item 10. Under lease construction arrangements,
state who is responsible for obtaining NPDES
permits or for meeting schedules and require-
ments.
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SOLID WASTE: Item 2. Indicate type of operation which is
aot in compliance, i.e., incinerator, landfill,
Item 3. If specific amounts of pollution are
known, give details; otherwise indicate "not
applicable. "
Item 4. Give details of the problem, i.e.,
whatever it is that is not in compliance.
Item 5. Indicate quantities, types, and sources
of solid waste handled; frequency of operation;
year of original construction/operation and
design life.
Item 6. Discuss effectiveness of existing
solid waste management system or practices,
if applicable.
Item 7. Give technical description of proposed
project which will bring operation into com-
pliance.
Item 8 . Specify the EPA solid waste management
guideline applicable and the specific require-
ment that makes the project necessary.
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NOISE: Item 2. Specify the character of the noise.
Types are as follows (1) broad band-continuous
noise (example: air conditioner), (2) narrow band-
continuous noise (example: circular saw), (3) pure
tones (example: turbin noise), (4) impulsive (impact)
noise (example: gun shot), (5) repeated impulsive
(impact) noise (example: typewriter), and (6) inter-
mittent (example: vehicle passby).
Item 3. Specify (1) measured sound level,
(2) measurement methodology utilized, (3) elevation of
the source and distance from the source to the impacts
area (if applicable), and (4) the facilities or
areas affected under the present violations.
Item 8. Specify exact portions of statutes and
regulations to which the project responds and
the acceptable sound level permitted thereunder.
Item 9. Indicate the project schedules proposed by
the agency and as required by the standards listed
in item 8. If the agency schedule for achieving
compliance differs from statutory, regulatory, or
other milestones and deadlines, indicate the dates
the facility will meet their, and explain why the
required dates will not be met.
PESTICIDES: All projects being reported should involve the
control and abatement of pesticide pollution
and not be a description of proposed and/or
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current programs involving the use of pesti-
cides. Those programs are now reviewed by
the Federal Working Group on Pest Management,
Cduncil on Environmental Quality.
Item 2. Identify the pesticide that is the
source of pollution and indicate the reason
for disposition.
Item 7. Describe the method of disposal.
2. Exhibit 2 Status Report
a. Exhibit 2 will indicate the estimated or actual "costs"
for all active projects in the agency plan and the
current status of the projects. Design costs need
not be included for individual projects if they are
not normally reflected in appropriations for indi-
vidual projects. A separate Exhibit 2 is to be com-
pleted for each category of projects (i.e., air,
water, solid waste, noise, radiation, pesticides, etc.)
b. An updated Exhibit 2 is to be submitted with the
Exhibit 1's on August 1, 1974, and on each December 31
and June 30 thereafter.
c. The Exhibit 2 will contain all active projects plus
those completed or discontinued aftar submission
of the previous report. Once a project is reported
completed or discontinued it should be dropped from
the report. The June 30 report should contain all
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projects which the agency will submit in their next
fiscal year budget request to the Director. In
addition, it should reflect all congressional appro-
priation actions taken by.the time of submission.
d. To facilitate the semiannual submission of Exhibit 2»
the Environmental Protection Agency's data system
will be utilized as follows:
CD Each reporting agency will receive ten,
updated, computer printed copies of their
Exhibit 2's for each pollutant media 30
days after receipt of the agency's semi-
annual report at EPA.
(2) ,When submitting, their next semi-annual report,
each'agency will make corrections to one copy
of the printout described in subparagraph (1).
An_asterisk. is to be placed in the left hand margin to
indicate those projects which have been completed,
discontinued, or changed. New projects are
to be added to the bottom of the appropriate
pollution media printout. If no corrections
a^e made to the printout for the reporting
date, enter "no changes" at the top of the
appropriate printout. .One corrected copy of
ea.ch printout is to be submitted with the
agencies' semiannual report.
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(3) For initial submission of projects concerning
pollution media not already contained in a
printout, an Exhibit 2 as described in Section 2
of Attachment A should be submitted,
(4) Corrected printouts will then be returned to
each reporting agency in accordance with
subparagraph (1) above for use in the next
report submittal.
e. Each revision of Exhibit 2 will show the latest
information as of 60 days prior to the semiannual
reporting date.
f. Exhibit 2 will indicate the amount included or
proposed to be included in the President's budget
for each project or the amount actually appropriated
or funded when relevant. With regard to any fiscal
year for which the President's budget has already
been submitted, only projects which have actually
been included in that budget or funded may be
listed under that fiscal year. Agency totals
should be shown at the bottom of the Exhibit.
g. Under lease construction arrangements, identify
the agency and account responsible for funding,
and the agency and account responsible for opera-
tion.
h. Special care should be taken in filling out the
*Status" column on Exhibit 2 so as to give all
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relevant information indicated below. It is
requested that the agency use the following format:
Indicate "PP " if the project is in the
preliminary planning stage. The blank pro-
vided should contain the estimated completion
date for construction.
Indicate "DBS " if the project is under
design or has been designed, but is not
radar construction. The blank provided
should contain the estimated completion date
for construction.
Indicate "CONSTR " if the project is under
construction. The blank provided should con-
tain the estimated completion date.
Indicate "COMPL " if the project has been
completed. The blank provided should contain
the actual completion date.
Indicate "DISC" if the project has been dis-
continued or dropped. Reasons should be given.
Indicate "DEFER " if the project has been
deferred or significantly delayed. The blank
Provided should contain the estimated date of
Completion of construction. Reasons and what
corrective actions, if any, the agency plans
take should be given.
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Indicate "OTHER" if other than the above cir-
cumstances apply. An explanation should be
given.
i. Exhibit 2 should be a consolidated summary of all
active projects for all of the regions and divisions
of the reporting agency.
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EXAMPLE
EXHIBIT 1
Circular No.
ENVIRONMENTAL POLLUTION CONTROL
Proposed Project Report
AGENCY: Project No.:
Media: Date Prepared:
Date Revised:
SSA Inventory Control No.:
1. Facility
Name:
Address: (city, county, state)
Agency Contact: (name, title, telephone)
2. Specific Type of Pollution:
3. Amount of Pollution;
4. Pollution Source, and Discharge, Emission, or Deposit Point-:
5. Existing Treatment and Other Control Measures;
6. Effectiveness of Existing Treatment and Control:
7. Remedial Measures Proposed and Estimated Effect in
Correcting Problem;
9. Applicable Standards; (Cite the specific State, interstate,
local, or Federal regulation and specific requirement
which the project is needed.)
9. Project Schedule:
Agency Schedule Regulation Schedule
Mo./YearMo./Year
Design(Completion)
Construction (Start)
Construction (Completion)
Operation (Start)
Final Compliance
10. Other Relevant Information:
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-147-
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EXAMPLE
EXHIBIT 1
Circular No.
ENVIRONMENTAL POLLUTION CONTROL
Proposed Project Report
AGENCY: Department of the Army Project No.: A-078C
Media: Air Date Prepared: 5/26/73
Bate Revised; 2/11/74
SSA Inventory Control No.:
1. Facility
Name: ABC Army Ammunition Plant
Address: Kingstown, George County, S.C.
Agency Contact: MJR B.A. Smith Facility Engineer
(*15) 765-4321
2. Specific Type of Pollution; NO
3. Amount of Pollution; 4,500 #/hr when process is operated
at maximun rate;
4. Pollution Source, and Discharge, Emission, or Deposit Point:
Mitruc Acid Plant No. 13, Bldg. A.
5. Existing Treatment and Other Control Measures:
MO control measures.
6. Effectiveness of Existing Treatment and Control:
O% Removal efficiency.
7. Remedial Measures Proposed and Estimated Effect, in
Correcting Problem!
Construct packed column control device J4'£ efficient to
achieve full compliance.
8. Applicable Standards:
(1) State: State Air Code, Chapter V, Sll3.a(ii)
(2) Region:
(3) Actual standard or exact citation: Maximum of 450 £/hr
allowed as per the XYZ test method; effective date of
emission standard is 1/31/72.
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9. Project Schedule;
Agency Schedule Regulabion Schedule
Mo./YearMo./Year
Design (Completion) 4/74 4/74
Construction (Start) 8/74 9/74
Construction (Completion) 10/74 11/74
Operation (Start) 4/75 5/75
Final Compliance 5/75 6/75
10. Other Relevant Information;
Citizens complaints received on 12/15/73.
Suits initiated on 12/30/73 by Onaconda Environmental Study
Group.
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EXAMPLE
EXHIBIT 1
Circular No.
ENVIRONMENTAL POLLUTIONS-CONTROL
Proposed Project Report
AGENCY: Department of the Army Project No.: A-999b.
Media: Water Date Prepared: 2-29-72
Date Revised: 12-26-73
GSA Inventory Control No.: 45678
1. Facility
Name: Camp Faraway
Address: Mulch City, Enny County, S.D.
Agency Contact: Col. John Smith, Facilities Engineer
(€15) 755-0022
2. Specific Type of Pollution:
Domestic sewage, partly treated. Existing treatment plant
overloaded. Excess flow bypassed to river. Influent
includes small amounts ( .01 mgd) of filter backwash from
water treatment plant containing precipitates of alum, iron,
and manganese.
3. Amount of Pollution:
Total flow: 6.2 mgd. Treated: 4.0 mgd.
4. Pollution Source, and Discharge, Emission, or Deposit Point;
Secondary treatment plant discharges to Obstacle River,
3 miles below Mulch City water supply intake.
5« Existing Treatment and Other Control Measures:
Secondary - high rate trickling filter plant, final
sedimentation, and chlorination. Design Capacity = 4.0 mgd.
6. Effectiveness of Existing Treatment and Contro1:
Principal Constituent
BOD 5
Suspended solids
Total phosphorous as P
Total Nitrogen as N
Influent
235 ppm
392 ppm
8.98 ppm
24.96 ppir.
Treated Effluent 1
3 6 ppm
60 ppm
4.67 ppm
21.14 ppr1.
fc Removal
83
85
48
15
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7. Remedial Measures Proposed and Estimated Effect in
Correcting Problem;
Replace existing treatment plant with AWT plant: chemical/
activated sludge/multi-media filtration to achieve 95%
removals or better. Design capacity - 7.5 mgd.
8t Applicable Standards;
State Standards;
SD Code: Water Poll - Chapter 61, 1960 Supp.
SD Code: Public Health - Chapter 27, 1960 Supp.
Water Quality Standards for Surface Waters: Reg E-1.10A
Federal Regulations; 40 CFR 125,133
PL 92-500, SS 301, 313
PL 92-500, S 402-NPDES
NPDES Permit Number - SD0012345
Permit Period - 1974 - 1979
9. Project Schedule;
Agency Schedule Regulation Schedule
Mo. /Year Mo. /Year
Design (Completion) 4/75 N/A
Construction (Start) 6/75 5/75
Construction (Completion) 2/77 1/77
Operation (Start) 4/77 N/A
Final Compliance 6/77 7/77
Regulation schedule as required by NPDES permit.
State water quality standard requires adequate secondary treatment
by 1/74.
Onable to meet State requirement because of design problems
and funding cycle. State has permitted delay on condition
NPDES permit deadline is met.
10: Other Relevant Information:
Installation may become surplus in FY 1975 or FY 1976
leading bo project discontinuance.
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EXAMPLE
EXHIBIT X
Circular No.
ENVIRONMENTAL POLLUTION CONTROL
Proposed Project Report
AGENCY: Department of the Army Project No.: A-001
Media: Solid Waste Date Prepared: 2/11/74
Bate Revised:
GSA Inventory Control No.:
1. Facility
Name: Camp Faraway
Address: Mulch City, Enny County, S.D.
Agency Contact: Col. John Smith, Facilities Engineer
(615) 755-0022
2. Specific Type of Pollution;
Camp landfill.
3. Amount of Pollution;
Leachate of high BOD concentration.
4* Pollution Source, and Discharge, Emission, or Deposit Point:
Current landfill contains high piles of uncovered wastes
dumped daily. Due to frequent rains, wastes build up high
moisture content and leachate, which emanates from side of
fill. Also, area is noted to be a common breeding ground
for flies and mosquitos, and is generally unsightly.
5. Existing Treatment and Other Control Measures:
a. Landfill receives 10 tons/day of solid waste altogether,
5 from the Camp and 5 from the nearby Lindberg Air Base.
It consists mainly of normal municipal-type wastes delivered
on Monday, Wednesday and Friday of each week. Once a week
a large load of oily rags is dumped in one corner of the
landfill site.
b. Landfill was first opened in Summer of 1970 and is
designed to operate until 1990.
c. Some control of run-off waters is exercised by a trench on
the downhill side of landfill draining into a settling pond.
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6- Effectiveness of Existing Treatment and Control:
Trench prevents run-off waters from entering local bay
waters, but does not solve vector, or aesthetic problems, nor
does it minimize the amount of leachate forming.
7. Remedial Measures Proposed and Estimated Effect in
Correcting Problem;
Purchase of bulldozer to compact and cover wastes, minimize
formation of leachate, control vectors, and improve general
appearance.
8. Applicable Standards:
EPA Guidelines for Land Disposal of Solid Wastes, published
in Federal Register July 1, 1974, requirements under
sections 241.204, 241.207, 241.208, 241.209, and 241.210.
Project Schedule:
Agency Schedule Regulation Schedule
Mo./YearMo./Year
Design(Completion) N/A N/R
Construction (Start) N/A N/A
Construction (Completion) N/A N/A
Begin Procurement Action 7/74 N/A
Operation (Start) 1/75 N/A
Final Compliance 1/75 N/A
'- Other Relevant Information:
Station planning to build an incinerator in 1980 to extend
life of landfill.
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EXAMPLE
EXHIBIT 1
Circular No.
ENVIRONMENTAL POLLUTION CONTROL
Proposed Project Report
AGENCY: _Department ,of the Army Project No.: A-001
Media: Noise Date Prepared: 6/1/74
Date Revised:
GSA Inventory Control No.: 45678
1. Facility
Name: Camp Faraway
Address: Mulch City/ Enny County, S.D.
Agency Contact: Col. John Smith, Facilities Engineer
f€15) 755-0022
2. Specific Type of Pollution;
Noise is broadband with discernible tones.
3. Amount of Pollution;
The source measures 75 dBA at the property line per American
National Standard SI.4-1971. Source is 20 feet from boundar
line at a height of 15 feet.
Facilities of areas affected: civilian school and housing
(off the installation).
4. Pollution Source/ and Discharge, Emission, or Deposit Point;
One air conditioning unit for Office Building No. 10.
'5. Existing Treatment and Other Control Measures:
None.
6. Effectiveness of Existing Treatment and Control:
None.
7. Remedial Measures Proposed and Estimated Effect in
Correcting Problem:
Installation of commercially available mufflers. It is
expected that this action will lover the sound level
below the background noise.
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8. Applicable Standards:
Mulch Noise Ordinance, Section 4-12, Chapter 17 of
the Municipal Code of Mulch, requires that the noise
level at the boundary line in business and commercial
districts not exceed 62 dBA.
9. Project Schedule:
Agency Schedule Regulation Schedule
Mo./YearMo./Year
Design (Completion) 9/74 N/A
Construction (Start) 11/74 N/A
Construction (Completion) 2/75 N/A
Operation (Start) 3/75 N/A
Final Compliance 4/75 N/A
The standards require immediate compliance. Agency
schedule provides for earliest possible installation of
control measures.
10. Other Relevant Information:
1) Legal action has not been initiated.
21 Community complaints have included 26 telephone calls,
15 letters, and 3 personal visits. Nature of complaints
centered upon annoyance.
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EXHIBIT 1
Circular No.
EXAMPLE
ENVIRONMENTAL POLLUTION
Proposed Project Report
AGENCY: Department of the Army Project No. : A-002
Media: Pesticides Date Prepared: Feb. 15, 1974
Date Revised: _
GSA Inventory Control No. :
1. Facility
Name : Camp Faraway
Address: Mulch City, Enny County, S.D.
Agency Contact: Col. John Smith, Facilities Engineer
ffilS) 755-0022
2. Specific Type of Pollution:
The following pesticides registered for the control of
predators: sodium fluoroacetate (1080), strychnine,
sodium cyanide, and thallium sulfate.
3- Amount of Pollution:
Sodium fluoracetate, 500 Ibs ; strychnine, 176 Ibs; sodium
cyanide, 475 Ibs; and thallium sulfate, 125 Ibs.
4. Pollution Source, and Discharge, Emission, or Deposit Point;
5, Existing Treatment and Other Control Measures:
Storage under minimum security.
6. Effectiveness of Existing Treatment and Control:
Limited protection from loss by stealth and from physical
deterioration .
7. Remedial Measures Proposed and Estimated Effect in
Correcting Problem:
Shipment of all pesticides for storage in newly-remodeled,
high-security building. This building will allow concentrations of
entire inventory of these pesticides in one place. Physical
condition of containers can be checked easily and routinely.
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8. Applicable Standards;
Executive Order #11643--Environmental Safeguards on Activities
for Animal Damage Control on Federal Lands. February 8, 1972.
Additionally, the EPA, under statutory authority of Section 4,
Federal Insecticide, Fungicide, and Rodenticide Act, halted
all interstate shipments of these pesticides.
9. Project Schedule:
Agency Schedule Regulation Schedule
Mo./YearMo./Year
Design(Completion) Oct. 1973 N/A
Construction (Start) Jan. 1974 N/A
Construction (Completion) March 1974 N/A
Operation (Start) April 1974 N/A
Other Relevant Information:
Pesticides to be stored until proper disposal methods are
developed.
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EXAMPLE
EXHIBIT I
Circular No.
ENVIRONMENTAL POLLUTION CONTROL
Proposed Project Report
AGENCY: Department of the Array Project No.: A-001
Media: Radiation Date Prepared: 6/14/74
Bate Revised: 6/15/74
6SA Inventory Control No.:
1. Facility;
Name: Camp Faraway, Fuel Reprocessing Plant
Address: Mulch City, Enny County, S.D,
Agency Contact: Col. John Smith, Facilities Engineer, (615) 755-0022
2. Specific Type of Pollution;
Radioactive noble gases, primarily krypton-85 and small amounts of
xenon-133, released to the atmosphere.
3. Amount of Pollution;
Approximately 4 x*10^ curies per year of krypton-85 are released to
the environment, with the plant operating at a load factor of 80%.
The maximum annual average concentration of krypton-85 in the
prevailing downwind direction was calculated to be 1.5 x 10~" uc/cc,
or 5 times the allowable concentration for uncontrolled areas
specified in AECM 0524,
4. Pollution Source, and Discharge, Emission, or Deposit Point:
The gaseous effluents, containing krypton-85, are produced during the
reprocessing of irradiated fuel elements and released, after
treatment, from a one hundred meter stack located one mile inside
the site boundary.
5. Existing Treatment and Other Control Measures:
The process off-gas, containing krypton-85 and other gaseous and
particulate radioactivity, passes through a waste treatment system
consisting of a scrubber to remove or reduce the radioiodine and
radioactive particulates, a de-mister to remove water vapor, silver
zeolite for final radioiodine removal, and HEPA filters for final
cleanup of particulates prior to release through the one hundred
meter stack.
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6. Effectiveness of Existing Treatment and Control:
The gaseous effluent waste treatment systems presently
in use are not effective in reducing the concentration
of radioactive noble gases in the effluent.
7* Remedial Measures Proposed and Estimated Effect in
Correcting Problem:
It is proposed that a catalytic reductor and a cryogenic
distillation system be designed and installed for use
in removing krypton-85 from the gaseous effluents so
as to bring the plant into compliance with AECM 0524
Radiation Protection Standards. The proposed waste
treatment system essentially dissolves the krypton-85
in liquid nitrogen which is then distilled to remove
the nitrogen. The remaining krypton-85 is then bottled
for subsequent storage and/or disposal. This waste
treatment system is designed to remove in excess of 95%
of the annual krypton-85 releases in the gaseous effluent.
Implementation of these remedial measures will reduce
offsite concentrations to less than 25% of the maximum
permissible concentration specified in AECM 0524 for
krypton-85 in uncontrolled areas.
8. Applicable Standards:
AEC Manual Chapter 0524 specifies a maximum permissible
concentration for krypton-85 in uncontrolled areas.
It permits these concentrations to be averaged over
a period not exceeding one year.
9. Project Schedule:
This modified off-gas waste treatment system can be
designed and constructed in accordance with the following
schedule:
Agency Schedule Regulation Schedule
Mo. /'fear Mo./Year"
Design (Completion) 11/74 M/A
Construction (Start) 2/75 N/A
Construction (Completion) 7/75 N/A
Operation (Start) 8/75 N/A
Final Compliance 9/75 N/A
Standards are currently applicable.
10. Other Relevant In formation:
None.
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RESERVOIR SALVAGE ACT OF 1960
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That it is the purpose
of this Act to further the policy set forth in the Act entitled "An Act
to provide for the preservation of historic American sites, buildings,
objects, and antiquities of national significance, and for other pur-
poses", approved August 21,1935 (16 U.S.C. 461^67), by specifically
providing for the preservation of historical and archeological data
(including relics and specimens) which might otherwise be irreparably
lost or destroyed as the result of flooding, the building of access roads,
the erection of workmen's communities, the relocation of railroads and
highways, and other alterations of the terraifi caused by the construc-
tion of a dam by any agency of the United States, or by any private
person or corporation holding a license issued by any such agency.
SEC. 2. (a) Before any agency of the United States shall undertake
the construction of a dam, or issue a license to any private individual
or corporation for the construction of a dam, it shall give written
notice to the Secretary of the Interior setting forth the site of the
proposed dam and the approximate-area to be flooded and otherwise
changed if such construction is undertaken: Provided, That with
respect to any floodwater retarding dam which provides less than
five thousand acre-feet of detention capacity and with respect to any
other type of dam which creates a reservoir of less than forty surface
acres the provisions of this section shall apply only when the con-
structing agency, in its preliminary surveys, finds, or is presented with
evidence that historical or archeological materials exist or may be
present in the proposed reservoir area.
(b) Upon receipt of any notice, as provided in subsection (a), the
Secretary of the Interior (hereinafter referred to as the "Secretary"),
shall cause a survey to be made of the area proposed to be flooded to
ascertain whether such area contains historical and archeological data
(including relics and specimens) wliich should be preserved in the
public interest Any such survey shall be conducted as expeditiously
as possible. If, as a result of any such survey, the Secretary shall
determine (1) that such data exists in such area, (2) that such data has
exceptional historical or archeological significance, and should be col-
lected and preserved in the public interest, and (3) that it is feasible
to collect and preserve such data, he shall cause the necessary work to
be performed in such area to collect and preserve such data. All such
work shall be performed as expeditiously as possible.
(c) The Secretary shall keep the instigating agency notified at all
times of the progress of any survey made under this Act, or of any
work undertaken as a result of such survey, in order that there will
be as little disruption or delay as possible in the carrying out of the
functions of such agency.
(d) A survey similar to that provided for by section (b) of this
section and the work required to be performed as a result thereof shall
so far as practicable also be undertaken in connection with any dam
the construction of which has been heretofore authorized by any
agency of the United States, or by any private person or corporation
holding a license issued by any such agency.
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(e) The Secretary shall consult •with any interested Federal and
State agencies, educational and scientific organizations, and private
institutions and qualified individuals, with a view to determining
the ownership of and the most appropriate repository for any relics
and specimens recovered as a result of any work performed as provided
for in this section.
SEC. 3. In the administration of this Act, the Secretary may—
(1) enter into contracts or make cooperative agreements with
any Federal or State agency, any educational or scientific organ-
ization, or any institution, corporation, association, or qualified
individual; and
(2) procure the temporary or intermittent services of experts
or consultants or organizations thereof as provided in section 15
of the Act of August 2, 1946 (5 U.S.C. 55a); and
(3) accept and utilize funds made available for salvage archeo-
logical purposes by any private person or corporations holding a
license issued by an agency of the United States for the con-
struction of a dam or other type of water or power control project.
SEC. 4. There are hereby authorized to be appropriated such sums
as may be necessary to carry out the purposes of this Act.
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RIVER AND HARBOR ACT OF 1899
Section 10
SEC. 10. TJii't the crcfukm of any obstruction not affirm-
atively !U) United Stat*--, is Iscro-by pro-
hibited; ,.:>•.', i'. sh.-ill not i >• i:u bi;il coinijj")Kc
the Ixiii']!:..'. •>{ ;uiv vlia^r. ])ifr, (]o'i)!)in. }'"):>n), ^-tij'.
brca];^;.':•!. l i> )•.• ./ -i'ni'-. --
:n,'l ;u:l!' •• cU !._\ 1 !K ;'^''-v1 -t-y •*'•' U''ir: \ •! ,' ;-!I:.M r;»!
i." lrt\\ fu! :• i • : ;-\ ;J oi '' ' i j:: [Ml-, :>;-i ..;•. i lu a!f '>;' "i
J::(yf»fy the fou.v.; '(-;. :; •' - {' i' .>';r' !'. !-. . .; '• • . ,;• id] hv i!-.
-162-
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U.S. Environmental Protection Agency
Region V, Library
230 South Dearborn Street **^
Chicago, Illinois 60604
------- |