§ 4321 . Congressional declaration of purpose
Subchapter I. Policies and Goals
§ 4331 . Congressional declaration of national environmental policy
§ 4332 . Cooperation of agencies; reports; availability of information; recommendations; international and national coordination of efforts
§ 4332a. Accelerated decisionmaking in environmental reviews - Repealed.
§ 4333 . Conformity of administrative procedures to national environmental policy
§ 4334 . Other statutory obligations of agencies
§ 4335 . Efforts supplemental to existing authorizations
§ 4336. Procedure for determination of level of review
§ 4336a. Timely and unified Federal reviews
§ 4336b. Programmatic environmental document
§ 4336c. Adoption of categorical exclusions
§ 4336d. E-NEPA
§ 4336e. Definitions
Subchapter II. Council on Environmental Quality
§ 4341 . Omitted
§ 4342 . Establishment; membership; Chairman; appointments
§ 4343 . Employment of personnel, experts and consultants
§ 4344 . Duties and functions
§ 4345 . Consultation with Citizens' Advisory Committee on Environmental Quality and other representatives
§ 4346 . Tenure and compensation of members
§ 4346a . Travel reimbursement by private organizations and Federal, State, and local governments
§ 4346b . Expenditures in support of international activities
§ 4347 . Authorization of appropriations
Subchapter III. Miscellaneous Provisions
§ 4361 . Repealed. Pub.L. 104-66, Title II, § 2021(k)(1), Dec. 21, 1995, 109 Stat. 728
§ 4361a . Repealed. Pub.L. 104-66, Title II, § 2021(k)(2), Dec. 21, 1995, 109 Stat. 728
§ 4361b . Implementation by Administrator of Environmental Protection Agency of recommendations of "CHESS" Investigative Report; waiver; inclusion of status of implementation requirements in annual revisions of plan for research, development, and demonstration
§ 4361c . Staff management
§ 4362 . Interagency cooperation on prevention of environmental cancer and heart and lung disease
§ 4362a . Membership of Task Force on Environmental Cancer and Heart and Lung Disease
§ 4363 . Continuing and long-term environmental research and development
§ 4363a . Pollution control technologies demonstrations
§ 4364 . Expenditure of funds for research and development related to regulatory program activities
§ 4365 . Science Advisory Board
§ 4366 . Identification and coordination of research, development, and demonstration activities
§ 4366a . Omitted
§ 4367 . Reporting requirements of financial interests of officers and employees of Environmental Protection Agency
§ 4368 . Grants to qualified citizens groups
§ 4368a . Utilization of talents of older Americans in projects of pollution prevention, abatement, and control
§ 4368b . General assistance program
§ 4369 . Miscellaneous reports
§ 4369a . Reports on environmental research and development activities of the Agency
§ 4370 . Reimbursement for use of facilities
§ 4370a . Assistant Administrators of Environmental Protection Agency; appointment; duties
§ 4370b . Availability of fees and charges to carry out Agency programs
§ 4370c . Environmental Protection Agency fees
§ 4370d . Percentage of Federal funding for organizations owned by economically and socially disadvantaged individuals
§ 4370e . Working Capital Fund in Treasury
§ 4370f . Availability of funds after expiration of period for liquidating obligations
§ 4370g . Use of funds for uniforms and for certain services
§ 4370h . Use of funds for construction, alteration, repair, rehabilitation, and renovation of facilities
§ 4370i. Regional liaisons for minority, tribal, and low-income communities
§ 4370j. Municipal Ombudsman
§ 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 stimulate the health and welfare of man; to enrich the understanding of the ecological systems and natural resources important to the Nation; and to establish a Council on Environmental Quality.
CREDIT(S)
(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 maintaining environmental quality to the overall welfare and development of man, declares that it is the continuing policy of the Federal Government, in cooperation with State and local governments, and other concerned public and private organizations, to use all practicable means and measures, including financial and technical assistance, in a manner calculated to foster and promote the general welfare, to create and maintain conditions under which man and nature can exist in productive harmony, and fulfill the social, economic, and other requirements of present and future generations of Americans.
(b) In order to carry out the policy set forth in this chapter, it is the continuing responsibility of the Federal Government to use all practicable means, consistent with other essential considerations 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 environment without degradation, risk to health or safety, or other undesirable and unintended consequences;
(4) preserve important historic, cultural, and natural aspects of our national heritage, and maintain, wherever possible, an environment which supports diversity and variety of 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 approach the maximum attainable recycling of depletable resources.
(c) The Congress recognizes that each person should enjoy a healthful environment and that each person has a responsibility to contribute to the preservation and enhancement of the environment.
CREDIT(S)
(Pub.L. 91-190, Title I, § 101, Jan. 1, 1970, 83 Stat. 852.)
§ 4332. Cooperation of agencies; reports; availability of information; recommendations; international and national coordination of efforts
[Limitation Recognized by Miccosukee Tribe of Indians of Florida v. U.S. Army Corps of Engineers 11th Cir.(Fla.) Sep 15, 2010]
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 chapter, and (2) all agencies of the Federal Government shall--
(A) utilize a systematic, interdisciplinary approach which will ensure the integrated use of the natural and social sciences and the environmental design arts in planning and in decisionmaking which may have an impact on man's environment;
(B) identify and develop methods and procedures, in consultation with the Council on Environmental Quality established by subchapter II of this chapter, which will ensure that presently unquantified environmental amenities and values may be given appropriate consideration in decisionmaking along with economic and technical considerations;
(C) consistent with the provisions of this chapter and except where compliance would be inconsistent with other statutory requirements, 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 responsible official on--
(i) reasonably foreseeable environmental effects of the proposed agency action;
(ii) any reasonably foreseeable adverse environmental effects which cannot be avoided should the proposal be implemented;
(iii) a reasonable range of alternatives to the proposed agency action, including an analysis of any negative environmental impacts of not implementing the proposed agency action in the case of a no action alternative, that are technically and economically feasible, and meet the purpose and need of the proposal;
(iv) the relationship between local short-term uses of man's environment and the maintenance and enhancement of long-term productivity; and
(v) any irreversible and irretrievable commitments of Federal resources which would be involved in the proposed agency action should it be implemented.
Prior to making any detailed statement, the head of the lead agency shall consult with and obtain the comments of any Federal agency which has jurisdiction by law or special expertise 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, and shall accompany the proposal through the existing agency review processes;
(D) ensure the professional integrity, including scientific integrity, of the discussion and analysis in an environmental document;
(E) make use of reliable data and resources in carrying out this chapter;
(F) consistent with the provisions of this chapter, study, develop, and describe technically and economically feasible alternatives;
(G) any detailed statement required under subparagraph (C) after January 1, 1970, for any major Federal action funded under a program of grants to States shall not be deemed to be legally insufficient solely by reason of having been prepared by a State agency or official, if:
(i) the State agency or official has statewide jurisdiction and has the responsibility for such action,
(ii) the responsible Federal official furnishes guidance and participates in such preparation,
(iii) the responsible Federal official independently evaluates such statement prior to its approval and adoption, and
(iv) after January 1, 1976, the responsible Federal official provides early notification to, and solicits the views of, any other State or any Federal land management entity of any action or any alternative thereto which may have significant impacts upon such State or affected Federal land management entity and, if there is any disagreement on such impacts, prepares a written assessment of such impacts and views for incorporation into such detailed statement.
The procedures in this subparagraph shall not relieve the Federal official of his responsibilities for the scope, objectivity, and content of the entire statement or of any other responsibility under this chapter; and further, this subparagraph does not affect the legal sufficiency of statements prepared by State agencies with less than statewide jurisdiction.1
(H) study, develop, and describe appropriate alternatives to recommended courses of action in any proposal which involves unresolved conflicts concerning alternative uses of available resources;
(I) consistent with the provisions of this chapter, recognize the worldwide and long-range character of environmental problems and, where consistent with the foreign policy of the United States, lend appropriate support to initiatives, resolutions, and programs designed to maximize international cooperation in anticipating and preventing a decline in the quality of mankind's world environment;
(J) make available to States, counties, municipalities, institutions, and individuals, advice and information useful in restoring, maintaining, and enhancing the quality of the environment;
(K) initiate and utilize ecological information in the planning and development of resource-oriented projects; and
(L) assist the Council on Environmental Quality established by subchapter II of this chapter.
CREDIT(S)
(Pub.L. 91-190, Title I, § 102, Jan. 1, 1970, 83 Stat. 853; Pub.L. 94-83, Aug. 9, 1975, 89 Stat. 424; Pub.L. 118-5, Div. C, Title III, § 321(a), June 3, 2023, 137 Stat. 38.)
EXECUTIVE ORDERS
EXECUTIVE ORDER NO. 13352
<Aug. 26, 2004, 69 F.R. 52989>
Facilitation of Cooperative Conservation
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
Section 1. Purpose. The purpose of this order is to ensure that the Departments of the Interior, Agriculture, Commerce, and Defense and the Environmental Protection Agency implement laws relating to the environment and natural resources in a manner that promotes cooperative conservation, with an emphasis on appropriate inclusion of local participation in Federal decisionmaking, in accordance with their respective agency missions, policies, and regulations.
Sec. 2. Definition. As used in this order, the term “cooperative conservation” means actions that relate to use, enhancement, and enjoyment of natural resources, protection of the environment, or both, and that involve collaborative activity among Federal, State, local, and tribal governments, private for-profit and nonprofit institutions, other nongovernmental entities and individuals.
Sec. 3. Federal Activities. To carry out the purpose of this order, the Secretaries of the Interior, Agriculture, Commerce, and Defense and the Administrator of the Environmental Protection Agency shall, to the extent permitted by law and subject to the availability of appropriations and in coordination with each other as appropriate:
(a) carry out the programs, projects, and activities of the agency that they respectively head that implement laws relating to the environment and natural resources in a manner that:
(i) facilitates cooperative conservation;
(ii) takes appropriate account of and respects the interests of persons with ownership or other legally recognized interests in land and other natural resources;
(iii) properly accommodates local participation in Federal decisionmaking; and
(iv) provides that the programs, projects, and activities are consistent with protecting public health and safety;
(b) report annually to the Chairman of the Council on Environmental Quality on actions taken to implement this order; and
(c) provide funding to the Office of Environmental Quality Management Fund (42 U.S.C. 4375) for the Conference for which section 4 of this order provides.
Sec. 4. White House Conference on Cooperative Conservation. The Chairman of the Council on Environmental Quality shall, to the extent permitted by law and subject to the availability of appropriations:
(a) convene not later than 1 year after the date of this order, and thereafter at such times as the Chairman deems appropriate, a White House Conference on Cooperative Conservation (Conference) to facilitate the exchange of information and advice relating to (i) cooperative conservation and (ii) means for achievement of the purpose of this order; and
(b) ensure that the Conference obtains information in a manner that seeks from Conference participants their individual advice and does not involve collective judgment or consensus advice or deliberation.
Sec. 5. General Provision. This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, instrumentalities or entities, its officers, employees or agents, or any other person.
George W. Bush
Footnotes
1 So in original. The period probably should be a semicolon.
Pub.L. 114-94, Div. A, Title I, § 1304(j)(2), Dec. 4, 2015, 129 Stat. 1386
§ 4333. Conformity of administrative procedures to national environmental policy
All agencies of the Federal Government shall review their present 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.
CREDIT(S)
(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 recommendations or certification of any other Federal or State agency.
CREDIT(S)
(Pub.L. 91-190, Title I, § 104, Jan. 1, 1970, 83 Stat. 854.)
§ 4335. Efforts supplemental to existing authorizations
The policies and goals set forth in this chapter are supplementary to those set forth in existing authorizations of Federal agencies.
CREDIT(S)
(Pub.L. 91-190, Title I, § 105, Jan. 1, 1970, 83 Stat. 854.)
§ 4336. Procedure for determination of level of review
(a) Threshold determinations
An agency is not required to prepare an environmental document with respect to a proposed agency action if--
(1) the proposed agency action is not a final agency action within the meaning of such term in chapter 5 of Title 5;
(2) the proposed agency action is excluded pursuant to one of the agency's categorical exclusions, another agency's categorical exclusions consistent with section 4336c of this title, or another provision of law;
(3) the preparation of such document would clearly and fundamentally conflict with the requirements of another provision of law; or
(4) the proposed agency action is a nondiscretionary action with respect to which such agency does not have authority to take environmental factors into consideration in determining whether to take the proposed action.
(b) Levels of review
(1) Environmental impact statement
An agency shall issue an environmental impact statement with respect to a proposed agency action requiring an environmental document that has a reasonably foreseeable significant effect on the quality of the human environment.
(2) Environmental assessment
An agency shall prepare an environmental assessment with respect to a proposed agency action that does not have a reasonably foreseeable significant effect on the quality of the human environment, or if the significance of such effect is unknown, unless the agency finds that the proposed agency action is excluded pursuant to one of the agency's categorical exclusions, another agency's categorical exclusions consistent with section 4336c of this title, or another provision of law. Such environmental assessment shall be a concise public document prepared by a Federal agency to set forth the basis of such agency's finding of no significant impact or determination that an environmental impact statement is necessary.
(3) Sources of information
In making a determination under this subsection, an agency--
(A) may make use of any reliable data source; and
(B) is not required to undertake new scientific or technical research unless the new scientific or technical research is essential to a reasoned choice among alternatives, and the overall costs and time frame of obtaining it are not unreasonable.
CREDIT(S)
(Pub.L. 91-190, Title I, § 106, as added Pub.L. 118-5, Div. C, Title III, § 321(b), June 3, 2023, 137 Stat. 39.)
§ 4336a. Timely and unified Federal reviews
(a) Lead agency
(1) Designation
(A) In general
If there are two or more participating Federal agencies, such agencies shall determine, by letter or memorandum, which agency shall be the lead agency based on consideration of the--
(i) magnitude of agency's involvement;
(ii) project approval or disapproval authority;
(iii) expertise concerning the action's environmental effects;
(iv) duration of agency's involvement; and
(v) sequence of agency's involvement.
(B) Joint lead agencies
In making a determination under subparagraph (A), the participating Federal agencies may appoint such State, Tribal, or local agencies as joint lead agencies as the involved Federal agencies shall determine appropriate. Joint lead agencies shall jointly fulfill the role described in paragraph (2).
(2) Role
A lead agency shall, with respect to a proposed agency action--
(A) supervise the preparation of an environmental document if, with respect to such proposed agency action, there is more than one participating Federal agency;
(B) request the participation of each cooperating agency at the earliest practicable time;
(C) in preparing an environmental document, give consideration to any analysis or proposal created by a cooperating agency;
(D) develop a schedule, in consultation with each cooperating agency, the applicant, and such other entities as the lead agency determines appropriate, for completion of any environmental review, permit, or authorization required to carry out the proposed agency action;
(E) if the lead agency determines that a review, permit, or authorization will not be completed in accordance with the schedule developed under subparagraph (D), notify the agency responsible for issuing such review, permit, or authorization of the discrepancy and request that such agency take such measures as such agency determines appropriate to comply with such schedule; and
(F) meet with a cooperating agency that requests such a meeting.
(3) Cooperating agency
The lead agency may, with respect to a proposed agency action, designate any Federal, State, Tribal, or local agency that has jurisdiction by law or special expertise with respect to any environmental impact involved in a proposal to serve as a cooperating agency. A cooperating agency may, not later than a date specified in the schedule established by the lead agency, submit comments to the lead agency.
(4) Request for designation
Any Federal, State, Tribal, or local agency or person that is substantially affected by the lack of a designation of a lead agency with respect to a proposed agency action under paragraph (1) may submit a written request for such a designation to a participating Federal agency. An agency that receives a request under this paragraph shall transmit such request to each participating Federal agency and to the Council.
(5) Council designation
(A) Request
If the participating Federal agencies are unable to agree on the designation of a lead agency within 45 days of the request under paragraph (4), then the Federal, State, Tribal or local agency or person that is substantially affected by the lack or a designation of a lead agency may request that the Council designate a lead agency. Such request shall consist of--
(i) a precise description of the nature and extent of the proposed agency action; and
(ii) a detailed statement with respect to each participating Federal agency and each factor listed in paragraph (1) regarding which agency should serve as lead agency.
(B) Transmission
The Council shall transmit a request received under subparagraph (A) to each participating Federal agency.
(C) Response
A participating Federal agency may, not later than 20 days after the date of the submission of a request under subparagraph (A), submit to the Council a response to such request.
(D) Designation
Not later than 40 days after the date of the submission of a request under subparagraph (A), the Council shall designate the lead agency with respect to the relevant proposed agency action.
(b) One document
To the extent practicable, if a proposed agency action will require action by more than one Federal agency and the lead agency has determined that it requires preparation of an environmental document, the lead and cooperating agencies shall evaluate the proposal in a single environmental document.
(c) Request for public comment
Each notice of intent to prepare an environmental impact statement under section 4332 of this title shall include a request for public comment on alternatives or impacts and on relevant information, studies, or analyses with respect to the proposed agency action.
(d) Statement of purpose and need
Each environmental document shall include a statement of purpose and need that briefly summarizes the underlying purpose and need for the proposed agency action.
(e) Page limits
(1) Environmental impact statements
(A) In general
Except as provided in subparagraph (B), an environmental impact statement shall not exceed 150 pages, not including any citations or appendices.
(B) Extraordinary complexity
An environmental impact statement for a proposed agency action of extraordinary complexity shall not exceed 300 pages, not including any citations or appendices.
(2) Environmental assessments
An environmental assessment shall not exceed 75 pages, not including any citations or appendices.
(f) Sponsor preparation
A lead agency shall prescribe procedures to allow a project sponsor to prepare an environmental assessment or an environmental impact statement under the supervision of the agency. Such agency may provide such sponsor with appropriate guidance and assist in the preparation. The lead agency shall independently evaluate the environmental document and shall take responsibility for the contents.
(g) Deadlines
(1) In general
Except as provided in paragraph (2), with respect to a proposed agency action, a lead agency shall complete, as applicable--
(A) the environmental impact statement not later than the date that is 2 years after the sooner of, as applicable--
(i) the date on which such agency determines that section 4332(2)(C) of this title requires the issuance of an environmental impact statement with respect to such action;
(ii) the date on which such agency notifies the applicant that the application to establish a right-of-way for such action is complete; and
(iii) the date on which such agency issues a notice of intent to prepare the environmental impact statement for such action; and
(B) the environmental assessment not later than the date that is 1 year after the sooner of, as applicable--
(i) the date on which such agency determines that section 4336(b)(2) of this title requires the preparation of an environmental assessment with respect to such action;
(ii) the date on which such agency notifies the applicant that the application to establish a right-of-way for such action is complete; and
(iii) the date on which such agency issues a notice of intent to prepare the environmental assessment for such action.
(2) Delay
A lead agency that determines it is not able to meet the deadline described in paragraph (1) may extend such deadline, in consultation with the applicant, to establish a new deadline that provides only so much additional time as is necessary to complete such environmental impact statement or environmental assessment.
(3) Petition to court
(A) Right to petition
A project sponsor may obtain a review of an alleged failure by an agency to act in accordance with an applicable deadline under this section by filing a written petition with a court of competent jurisdiction seeking an order under subparagraph (B).
(B) Court order
If a court of competent jurisdiction finds that an agency has failed to act in accordance with an applicable deadline, the court shall set a schedule and deadline for the agency to act as soon as practicable, which shall not exceed 90 days from the date on which the order of the court is issued, unless the court determines a longer time period is necessary to comply with applicable law.
(h) Report
(1) In general
The head of each lead agency shall annually submit to the Committee on Natural Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that--
(A) identifies any environmental assessment and environmental impact statement that such lead agency did not complete by the deadline described in subsection (g); and
(B) provides an explanation for any failure to meet such deadline.
(2) Inclusions
Each report submitted under paragraph (1) shall identify, as applicable--
(A) the office, bureau, division, unit, or other entity within the Federal agency responsible for each such environmental assessment and environmental impact statement;
(B) the date on which--
(i) such lead agency notified the applicant that the application to establish a right-of-way for the major Federal action is complete;
(ii) such lead agency began the scoping for the major Federal action; or
(iii) such lead agency issued a notice of intent to prepare the environmental assessment or environmental impact statement for the major Federal action; and
(C) when such environmental assessment and environmental impact statement is expected to be complete.
CREDIT(S)
(Pub.L. 91-190, Title I, § 107, as added Pub.L. 118-5, Div. C, Title III, § 321(b), June 3, 2023, 137 Stat. 40.)
§ 4336b. Programmatic environmental document
When an agency prepares a programmatic environmental document for which judicial review was available, the agency may rely on the analysis included in the programmatic environmental document in a subsequent environmental document for related actions as follows:
(1) Within 5 years and without additional review of the analysis in the programmatic environmental document, unless there are substantial new circumstances or information about the significance of adverse effects that bear on the analysis.
(2) After 5 years, so long as the agency reevaluates the analysis in the programmatic environmental document and any underlying assumption to ensure reliance on the analysis remains valid.
CREDIT(S)
(Pub.L. 91-190, Title I, § 108, as added Pub.L. 118-5, Div. C, Title III, § 321(b), June 3, 2023, 137 Stat. 43.)
§ 4336c. Adoption of categorical exclusions
An agency may adopt a categorical exclusion listed in another agency's NEPA procedures for a category of proposed agency actions for which the categorical exclusion was established consistent with this paragraph. The agency shall--
(1) identify the categorical exclusion listed in another agency's NEPA procedures that covers a category of proposed actions or related actions;
(2) consult with the agency that established the categorical exclusion to ensure that the proposed adoption of the categorical exclusion to a category of actions is appropriate;
(3) identify to the public the categorical exclusion that the agency plans to use for its proposed actions; and
(4) document adoption of the categorical exclusion.
CREDIT(S)
(Pub.L. 91-190, Title I, § 109, as added Pub.L. 118-5, Div. C, Title III, § 321(b), June 3, 2023, 137 Stat. 43.)
(a) Permitting portal study
The Council on Environmental Quality shall conduct a study and submit a report to Congress within 1 year of the enactment of this Act, on the potential for online and digital technologies to address delays in reviews and improve public accessibility and transparency under section 4332(2)(C) of this title including, but not limited to, a unified permitting portal that would--
(1) allow applicants to--
(A) submit required documents or materials for their project in one unified portal;
(B) upload and collaborate with the applicable agencies to edit documents in real-time, as required;
(C) upload and display visual features such as video, animation, geographic information system displays, and three-dimensional renderings; and
(D) track the progress of individual applications;
(2) include a cloud based, digital tool for more complex reviews that would enhance interagency coordination in consultation by--
(A) centralizing, across all necessary agencies, the data, visuals, and documents, including but not limited to geographic information system displays, other visual renderings, and completed reports and analyses necessary for reviews;
(B) streamlining communications between all necessary agencies and the applicant;
(C) allowing for comments and responses by and to all necessary agencies in one unified portal;
(D) generating analytical reports to aid in organizing and cataloguing public comments; and
(E) be1 accessible on mobile devices;
(3) boost transparency in agency processes and present information suitable for a lay audience, including but not limited to--
(A) scientific data and analysis; and
(B) anticipated agency process and timeline; and
(4) include examples describing how at least five permits would be reviewed and processed through this portal.
(b) Authorization of appropriations
There is authorized to be appropriated $500,000 for the Council on Environmental Quality to carry out the study directed by this section.
CREDIT(S)
(Pub.L. 91-190, Title I, § 110, as added Pub.L. 118-5, Div. C, Title III, § 321(b), June 3, 2023, 137 Stat. 44.)
In this subchapter:
(1) Categorical exclusion
The term “categorical exclusion” means a category of actions that a Federal agency has determined normally does not significantly affect the quality of the human environment within the meaning of section 4332(2)(C) of this title.
(2) Cooperating agency
The term “cooperating agency” means any Federal, State, Tribal, or local agency that has been designated as a cooperating agency under section 4336a(a)(3) of this title.
(3) Council
The term “Council” means the Council on Environmental Quality established in subchapter II.
(4) Environmental assessment
The term “environmental assessment” means an environmental assessment prepared under section 4336(b)(2) of this title.
(5) Environmental document
The term “environmental document” means an environmental impact statement, an environmental assessment, or a finding of no significant impact.
(6) Environmental impact statement
The term “environmental impact statement” means a detailed written statement that is required by section 4332(2)(C) of this title.
(7) Finding of no significant impact
The term “finding of no significant impact” means a determination by a Federal agency that a proposed agency action does not require the issuance of an environmental impact statement.
(8) Participating Federal agency
The term “participating Federal agency” means a Federal agency participating in an environmental review or authorization of an action.
(9) Lead agency
The term “lead agency” means, with respect to a proposed agency action--
(A) the agency that proposed such action; or
(B) if there are 2 or more involved Federal agencies with respect to such action, the agency designated under section 4336a(a)(1) of this title.
(10) Major Federal action
(A) In general
The term “major Federal action” means an action that the agency carrying out such action determines is subject to substantial Federal control and responsibility.
(B) Exclusion
The term “major Federal action” does not include--
(i) a non-Federal action--
(I) with no or minimal Federal funding; or
(II) with no or minimal Federal involvement where a Federal agency cannot control the outcome of the project;
(ii) funding assistance solely in the form of general revenue sharing funds which do not provide Federal agency compliance or enforcement responsibility over the subsequent use of such funds;
(iii) loans, loan guarantees, or other forms of financial assistance where a Federal agency does not exercise sufficient control and responsibility over the subsequent use of such financial assistance or the effect of the action;
(iv) business loan guarantees provided by the Small Business Administration pursuant to section 7(a) or (b) and of the Small Business Act ( U.S.C. 636(a))1, or title V of the Small Business Investment Act of 1958 (15 U.S.C. 695 et seq.);
(v) bringing judicial or administrative civil or criminal enforcement actions;
(vi) extraterritorial activities or decisions, which means agency activities or decisions with effects located entirely outside of the jurisdiction of the United States; or
(vii) activities or decisions that are non-discretionary and made in accordance with the agency's statutory authority.
(11) Programmatic environmental document
The term “programmatic environmental document” means an environmental impact statement or environmental assessment analyzing all or some of the environmental effects of a policy, program, plan, or group of related actions.
(12) Proposal
The term “proposal” means a proposed action at a stage when an agency has a goal, is actively preparing to make a decision on one or more alternative means of accomplishing that goal, and can meaningfully evaluate its effects.
(13) Special expertise
The term “special expertise” means statutory responsibility, agency mission, or related program experience.
CREDIT(S)
(Pub.L. 91-190, Title I, § 111, as added Pub.L. 118-5, Div. C, Title III, § 321(b), June 3, 2023, 137 Stat. 44.)
Footnotes
1 So in original. Probably should read “pursuant to section 7(a) or (b) of the Small Business Act (15 U.S.C. 636(a))”.
Subchapter II. Council on Environmental Quality
§ 4342. Establishment; membership; Chairman; appointments
There is created in the Executive Office of the President a Council 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 analyze and interpret environmental trends and information of all kinds; to appraise programs and activities of the Federal Government in the light of the policy set forth in subchapter I of this chapter; to be conscious of and responsive to the scientific, economic, social, esthetic, and cultural needs and interests of the Nation; and to formulate and recommend national policies to promote the improvement of the quality of the environment.
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(Pub.L. 91-190, Title II, § 202, Jan. 1, 1970, 83 Stat. 854.)
§ 4343. Employment of personnel, experts and consultants
(a) The Council may employ such officers and employees as may be necessary to carry out its functions under this chapter. In addition, 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 3109 of Title 5 (but without regard to the last sentence thereof).
(b) Notwithstanding section 1342 of Title 31, the Council may accept and employ voluntary and uncompensated services in furtherance of the purposes of the Council.
(CREDIT(S)
(Pub.L. 91-190, Title II, § 203, Jan. 1, 1970, 83 Stat. 855; Pub.L. 94-52, § 2, July 3, 1975, 89 Stat. 258.)
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 concerning the conditions and trends in the quality of the environment both current and prospective, to analyze and interpret 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 activities of the Federal Government in the light of the policy set forth in subchapter I of this chapter for the purpose of determining 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 environmental 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 environment, including the plant and animal systems, and to accumulate 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 the 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 legislation as the President may request.
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(Pub.L. 91-190, Title II, § 204, Jan. 1, 1970, 83 Stat. 855.)
§ 4345. Consultation with Citizens' Advisory Committee on Environmental Quality and other representatives
In exercising its powers, functions, and duties under this chapter, the Council shall--
(1) consult with the Citizens' Advisory Committee on Environmental Quality established by Executive Order numbered 11472, dated May 29, 1969, and with such representatives of science, industry, agriculture, labor, conservation organizations, State and local governments and other groups, as it deems advisable; and
(2) utilize, to the fullest extent possible, the services, facilities, and information (including statistical information) of public and private agencies and organizations, and individuals, 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 authorized by law and performed by established agencies.
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(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 (5 U.S.C. 5313). The other members of the Council shall be compensated at the rate provided for Level IV or [FN1] the Executive Schedule Pay Rates (5 U.S.C. 5315).
[FN1] So in original. Probably should be "of".
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(Pub.L. 91-190, Title II, § 206, Jan. 1, 1970, 83 Stat. 856.)
§ 4346a. Travel reimbursement by private organizations and Federal, State, and local governments
The Council may accept reimbursements from any private nonprofit organization or from any department, agency, or instrumentality of the Federal Government, any State, or local government, for the reasonable travel expenses incurred by an officer or employee of the Council in connection with his attendance at any conference, seminar, or similar meeting conducted for the benefit of the Council.
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(Pub.L. 91-190, Title II, § 207, as added Pub.L. 94-52, § 3, July 3, 1975, 89 Stat. 258.)
§ 4346b. Expenditures in support of international activities
The Council may make expenditures in support of its international activities, including expenditures for: (1) international travel; (2) activities in implementation of international agreements; and (3) the support of international exchange programs in the United States and in foreign countries.
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(Pub.L. 91-190, Title II, § 208, as added Pub.L. 94-52, § 3, July 3, 1975, 89 Stat. 258.)
§ 4347. Authorization of appropriations
There are authorized to be appropriated to carry out the provisions of this chapter not to exceed $300,000 for fiscal year 1970, $700,000 for fiscal year 1971, and $1,000,000 for each fiscal year thereafter.
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(Pub.L. 91-190, Title II, § 209, formerly § 207, Jan. 1, 1970, 83 Stat. 856; renumbered § 209, Pub.L. 94-52, § 3, July 3, 1975, 89 Stat. 258.)
Subchapter III. Miscellaneous Provisions
§ 4361. Repealed. Pub.L. 104-66, Title II, § 2021(k)(1), Dec. 21, 1995, 109 Stat. 728
§ 4361a. Repealed. Pub.L. 104-66, Title II, § 2021(k)(2), Dec. 21, 1995, 109 Stat. 728
§ 4361b. Implementation by Administrator of Environmental Protection Agency of recommendations of "CHESS" Investigative Report; waiver; inclusion of status of implementation requirements in annual revisions of plan for research, development, and demonstration
The Administrator of the Environmental Protection Agency shall implement the recommendations of the report prepared for the House Committee on Science and Technology entitled "The Environmental Protection Agency Research Program with primary emphasis on the Community Health and Environmental Surveillance System (CHESS): An Investigative Report", unless for any specific recommendation he determines (1) that such recommendation has been implemented, (2) that implementation of such recommendation would not enhance the quality of the research, or (3) that implementation of such recommendation will require funding which is not available. Where such funding is not available, the Administrator shall request the required authorization or appropriation for such implementation. The Administrator shall report the status of such implementation in each annual revision of the five-year plan transmitted to the Congress under section 4361 of this title.
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(Pub.L. 95-155, § 10, Nov. 8, 1977, 91 Stat. 1262.)
(a) Appointments for educational programs
(1) The Administrator is authorized to select and appoint up to 75 full-time permanent staff members in the Office of Research and Development to pursue full-time educational programs for the purpose of (A) securing an advanced degree or (B) securing academic training, for the purpose of making a career change in order to better carry out the Agency's research mission.
(2) The Administrator shall select and appoint staff members for these assignments according to rules and criteria promulgated by him. The Agency may continue to pay the salary and benefits of the appointees as well as reasonable and appropriate relocation expenses and tuition.
(3) The term of each appointment shall be for up to one year, with a single renewal of up to one year in appropriate cases at the discretion of the Administrator.
(4) Staff members appointed to this program shall not count against any Agency personnel ceiling during the term of their appointment.
(b) Post-doctoral research fellows
(1) The Administrator is authorized to appoint up to 25 Post-doctoral Research Fellows in accordance with the provisions of section 213.3102(aa) of title 5 of the Code of Federal Regulations.
(2) Persons holding these appointments shall not count against any personnel ceiling of the Agency.
(c) Non-Government research associates
(1) The Administrator is authorized and encouraged to utilize research associates from outside the Federal Government in conducting the research, development, and demonstration programs of the Agency.
(2) These persons shall be selected and shall serve according to rules and criteria promulgated by the Administrator.
(d) Women and minority groups
For all programs in this section, the Administrator shall place special emphasis on providing opportunities for education and training of women and minority groups.
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(Pub.L. 95-477, § 6, Oct. 18, 1978, 92 Stat. 1510.)
§ 4362. Interagency cooperation on prevention of environmental cancer and heart and lung disease
(a) Not later than three months after August 7, 1977, there shall be established a Task Force on Environmental Cancer and Heart and Lung Disease (hereinafter referred to as the "Task Force"). The Task Force shall include representatives of the Environmental Protection Agency, the National Cancer Institute, the National Heart, Lung, and Blood Institute, the National Institute of Occupational Safety and Health, and the National Institute on Environmental Health Sciences, and shall be chaired by the Administrator (or his delegate).
(b) The Task Force shall--
(1) recommend a comprehensive research program to determine and quantify the relationship between environmental pollution and human cancer and heart and lung disease;
(2) recommend comprehensive strategies to reduce or eliminate the risks of cancer or such other diseases associated with environmental pollution;
(3) recommend research and such other measures as may be appropriate to prevent or reduce the incidence of environmentally related cancer and heart and lung diseases;
(4) coordinate research by, and stimulate cooperation between, the Environmental Protection Agency, the Department of Health and Human Services, and such other agencies as may be appropriate to prevent environmentally related cancer and heart and lung diseases; and
(5) report to Congress, not later than one year after August 7, 1977, and annually thereafter, on the problems and progress in carrying out this section.
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(Pub.L. 95-95, Title IV, § 402, Aug. 7, 1977, 91 Stat. 791; Pub.L. 96-88, Title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.)
§ 4362a. Membership of Task Force on Environmental Cancer and Heart and Lung Disease
The Director of the National Center for Health Statistics and the head of the Center for Disease Control (or the successor to such entity) shall each serve as members of the Task Force on Environmental Cancer and Heart and Lung Disease established under section 4362 of this title.
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(Pub.L. 95-623, § 9, Nov. 9, 1978, 92 Stat. 3455.)
§ 4363. Continuing and long-term environmental research and development
The Administrator of the Environmental Protection Agency shall establish a separately identified program of continuing, long-term environmental research and development for each activity listed in section 2(a) of this Act. Unless otherwise specified by law, at least 15 per centum of funds appropriated to the Administrator for environmental research and development for each activity listed in section 2(a) of this Act shall be obligated and expended for such long-term environmental research and development under this section.
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(Pub.L. 96-569, § 2(f), Dec. 22, 1980, 94 Stat. 3337.)
§ 4363a. Pollution control technologies demonstrations
(1) The Administrator shall continue to be responsible for conducting and shall continue to conduct full-scale demonstrations of energy-related pollution control technologies as necessary in his judgment to fulfill the provisions of the Clean Air Act as amended [42 U.S.C.A. § 7401 et seq.], the Federal Water Pollution Control Act as amended [33 U.S.C.A. § 1251 et seq.], and other pertinent pollution control statutes.
(2) Energy-related environmental protection projects authorized to be administered by the Environmental Protection Agency under this Act shall not be transferred administratively to the Department of Energy or reduced through budget amendment. No action shall be taken through administrative or budgetary means to diminish the ability of the Environmental Protection Agency to initiate such projects.
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(Pub.L. 96-229, § 2(d), Apr. 7, 1980, 94 Stat. 327.)
§ 4364. Expenditure of funds for research and development related to regulatory program activities
(a) Coordination, etc., with research needs and priorities of program offices and Environmental Protection Agency
The Administrator of the Environmental Protection Agency shall assure that the expenditure of any funds appropriated pursuant to this Act or any other provision of law for environmental research and development related to regulatory program activities shall be coordinated with and reflect the research needs and priorities of the program offices, as well as the overall research needs and priorities of the Agency, including those defined in the five-year research plan.
(b) Program offices subject to coverage
For purposes of subsection (a) of this section, the appropriate program offices are--
(1) the Office of Air and Waste Management, for air quality activities;
(2) the Office of Water and Hazardous Materials, for water quality activities and water supply activities;
(3) the Office of Pesticides, for environmental effects of pesticides;
(4) the Office of Solid Waste, for solid waste activities;
(5) the Office of Toxic Substances, for toxic substance activities;
(6) the Office of Radiation Programs, for radiation activities; and
(7) the Office of Noise Abatement and Control, for noise activities.
(c) Report to Congress; contents
The Administrator shall submit to the President and the Congress a report concerning the most appropriate means of assuring, on a continuing basis, that the research efforts of the Agency reflect the needs and priorities of the regulatory program offices, while maintaining a high level of scientific quality. Such report shall be submitted on or before March 31, 1978.
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(Pub.L. 95-155, § 7, Nov. 8, 1977, 91 Stat. 1259.)
§ 4365. Science Advisory Board
(a) Establishment; requests for advice by Administrator of Environmental Protection
Agency and Congressional committees
The Administrator of the Environmental Protection Agency shall establish a Science Advisory Board which shall provide such scientific advice as may be requested by the Administrator, the Committee on Environment and Public Works of the United States Senate, or the Committee on Science, Space, and Technology, on Energy and Commerce, or on Public Works and Transportation of the House of Representatives.
(b) Membership; Chairman; meetings; qualifications of members\
Such Board shall be composed of at least nine members, one of whom shall be designated Chairman, and shall meet at such times and places as may be designated by the Chairman of the Board in consultation with the Administrator. Each member of the Board shall be qualified by education, training, and experience to evaluate scientific and technical information on matters referred to the Board under this section.
(c) Proposed environmental criteria document, standard, limitation, or regulation; functions respecting in conjunction with Administrator
(1) The Administrator, at the time any proposed criteria document, standard, limitation, or regulation under the Clean Air Act [42 U.S.C.A. § 7401 et seq.], the Federal Water Pollution Control Act [33 U.S.C.A. § 1251 et seq.], the Resource Conservation and Recovery Act of 1976 [42 U.S.C.A. § 6901 et seq.], the Noise Control Act [42 U.S.C.A. § 4901 et seq.], the Toxic Substances Control Act [15 U.S.C.A. § 2601 et seq.], or the Safe Drinking Water Act [42 U.S.C.A. § 300f et seq.], or under any other authority of the Administrator, is provided to any other Federal agency for formal review and comment, shall make available to the Board such proposed criteria document, standard, limitation, or regulation, together with relevant scientific and technical information in the possession of the Environmental Protection Agency on which the proposed action is based.
(2) The Board may make available to the Administrator, within the time specified by the Administrator, its advice and comments on the adequacy of the scientific and technical basis of the proposed criteria document, standard, limitation, or regulation, together with any pertinent information in the Board's possession.
(d) Utilization of technical and scientific capabilities of Federal agencies and national environmental laboratories for determining adequacy of scientific and technical basis of proposed criteria document, etc.
In preparing such advice and comments, the Board shall avail itself of the technical and scientific capabilities of any Federal agency, including the Environmental Protection Agency and any national environmental laboratories.
(e) Committees
(1) Member committees
(A) In general
The Board is authorized to establish such member committees and investigative panels as the Administrator and the Board determine to be necessary to carry out this section.
(B) Chairmanship
Each member committee or investigative panel established under this subsection shall be chaired by a member of the Board.
(2) Agriculture-related committees
(A) In general
The Administrator and the Board--
(i) shall establish a standing agriculture-related committee; and
(ii) may establish such additional agriculture-related committees and investigative panels as the Administrator and the Board determines to be necessary to carry out the duties under subparagraph (C).
(B) Membership
The standing committee and each agriculture-related committee or investigative panel established under subparagraph (A) shall be--
(i) composed of--
(I) such quantity of members as the Administrator and the Board determines to be necessary; and
(II) individuals who are not members of the Board on the date of appointment to the committee or investigative panel; and
(ii) appointed by the Administrator and the Board, in consultation with the Secretary of Agriculture.
(C) Duties
The agriculture-related standing committee and each additional committee and investigative panel established under subparagraph (A) shall provide scientific and technical advice to the Board relating to matters referred to the Board that the Administrator and the Board determines, in consultation with the Secretary of Agriculture, to have a significant direct impact on enterprises that are engaged in the business of the production of food and fiber, ranching and raising livestock, aquaculture, and all other farming- and agriculture-related industries.
(f) Appointment and compensation of secretary and other personnel; compensation of members
(1) Upon the recommendation of the Board, the Administrator shall appoint a secretary, and such other employees as deemed necessary to exercise and fulfill the Board's powers and responsibilities. The compensation of all employees appointed under this paragraph shall be fixed in accordance with chapter 51 and subchapter III of chapter 53 of Title 5.
(2) Members of the Board may be compensated at a rate to be fixed by the President but not in excess of the maximum rate of pay for grade GS-18, as provided in the General Schedule under section 5332 of Title 5.
(g) Consultation and coordination with Scientific Advisory Panel
In carrying out the functions assigned by this section, the Board shall consult and coordinate its activities with the Scientific Advisory Panel established by the Administrator pursuant to section 136w(d) of Title 7.
(h) Public participation and transparency
The Board shall make every effort, consistent with applicable law, including section 552 of Title 5 (commonly known as the “Freedom of Information Act”) and section 552a of Title 5 (commonly known as the “Privacy Act”), to maximize public participation and transparency, including making the scientific and technical advice of the Board and any committees or investigative panels of the Board publically available in electronic form on the website of the Environmental Protection Agency.
(i) Report to Congress
The Administrator shall annually report to the Committees on Environment and Public Works and Agriculture of the Senate and the Committees on Transportation and Infrastructure, Energy and Commerce, and Agriculture of the House of Representatives regarding the membership and activities of the standing agriculture-related committee established pursuant to subsection (e)(2)(A)(i).
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(Pub.L. 95-155, § 8, Nov. 8, 1977, 91 Stat. 1260; Pub.L. 96-569, § 3, Dec. 22, 1980, 94 Stat. 3337; Pub.L. 103-437, § 15(o), Nov. 2, 1994, 108 Stat. 4593; Pub.L. 104-66, Title II, § 2021(k)(3), Dec. 21, 1995, 109 Stat. 728; Pub.L. 113-79, Title XII, § 12307, Feb. 7, 2014, 128 Stat. 989.).
§ 4366. Identification and coordination of research, development, and demonstration activities
(a) Consultation and cooperation of Administrator of Environmental Protection Agency with heads of Federal agencies; inclusion of activities in annual revisions of plan for research, etc.
The Administrator of the Environmental Protection Agency, in consultation and cooperation with the heads of other Federal agencies, shall take such actions on a continuing basis as may be necessary or appropriate--
(1) to identify environmental research, development, and demonstration activities, within and outside the Federal Government, which may need to be more effectively coordinated in order to minimize unnecessary duplication of programs, projects, and research facilities;
(2) to determine the steps which might be taken under existing law, by him and by the heads of such other agencies, to accomplish or promote such coordination, and to provide for or encourage the taking of such steps; and
(3) to determine the additional legislative actions which would be needed to assure such coordination to the maximum extent possible.
The Administrator shall include in each annual revision of the five-year plan provided for by section 4361 of this title a full and complete report on the actions taken and determinations made during the preceding year under this subsection, and may submit interim reports on such actions and determinations at such other times as he deems appropriate.
(b) Coordination of programs by Administrator
The Administrator of the Environmental Protection Agency shall coordinate environmental research, development, and demonstration programs of such Agency with the heads of other Federal agencies in order to minimize unnecessary duplication of programs, projects, and research facilities.
(c) Joint study by Council on Environmental Quality in consultation with Office of Science and Technology Policy for coordination of activities; report to President and Congress; report by President to Congress on implementation of joint study and report
(1) In order to promote the coordination of environmental research and development activities, and to assure that the action taken and methods used (under subsection (a) of this section and otherwise) to bring about such coordination will be as effective as possible for that purpose, the Council on Environmental Quality in consultation with the Office of Science and Technology Policy shall promptly undertake and carry out a joint study of all aspects of the coordination of environmental research and development. The Chairman of the Council shall prepare a report on the results of such study, together with such recommendations (including legislative recommendations) as he deems appropriate, and shall submit such report to the President and the Congress not later than May 31, 1978.
(2) Not later than September 30, 1978, the President shall report to the Congress on steps he has taken to implement the recommendations included in the report under paragraph (1), including any recommendations he may have for legislation.
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(Pub.L. 95-155, § 9, Nov. 8, 1977, 91 Stat. 1261.)
§ 4367. Reporting requirements of financial interests of officers and employees of Environmental Protection Agency
(a) Covered officers and employees
Each officer or employee of the Environmental Protection Agency who--
(1) performs any function or duty under this Act; and
(2) has any known financial interest in any person who applies for or receives grants, contracts, or other forms of financial assistance under this Act, shall, beginning on February 1, 1978, annually file with the Administrator a written statement concerning all such interests held by such officer or employee during the preceding calendar year. Such statement shall be available to the public.
(b) Implementation of requirements by Administrator
The Administrator shall--
(1) act within ninety days after November 8, 1977--
(A) to define the term "known financial interest" for purposes of subsection (a) of this section; and
(B) to establish the methods by which the requirement to file written statements specified in subsection (a) of this section will be monitored and enforced, including appropriate provision for the filing by such officers and employees of such statements and the review by the Administrator of such statements; and
(2) Omitted.
(c) Exemption of positions by Administrator
In the rules prescribed under subsection (b) of this section, the Administrator may identify specific positions of a nonpolicymaking nature within the Administration and provide that officers or employees occupying such positions shall be exempt from the requirements of this section.
(d) Violations; penalties
Any officer or employee who is subject to, and knowingly violates, this section, shall be fined not more than $2,500 or imprisoned not more than one year, or both.
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(Pub.L. 95-155, § 12, Nov. 8, 1977, 91 Stat. 1263.)
§ 4368. Grants to qualified citizens groups
(1) There is authorized to be appropriated to the Environmental Protection Agency, for grants to qualified citizens groups in States and regions, $3,000,000.
(2) Grants under this section may be made for the purpose of supporting and encouraging participation by qualified citizens groups in determining how scientific, technological, and social trends and changes affect the future environment and quality of life of an area, and for setting goals and identifying measures for improvement.
(3) The term "qualified citizens group" shall mean a nonprofit organization of citizens having an area based focus, which is not single-issue oriented and which can demonstrate a prior record of interest and involvement in goal-setting and research concerned with improving the quality of life, including plans to identify, protect and enhance significant natural and cultural resources and the environment.
(4) A citizens group shall be eligible for assistance only if certified by the Governor in consultation with the State legislature as a bonafide organization entitled to receive Federal assistance to pursue the aims of this program. The group shall further demonstrate its capacity to employ usefully the funds for the purposes of this program and its broad-based representative nature.
(5) After an initial application for assistance under this section has been approved, the Administrator may make grants on an annual basis, on condition that the Governor recertify the group and that the applicant submits to the Administrator annually--
(A) an evaluation of the progress made during the previous year in meeting the objectives for which the grant was made;
(B) a description of any changes in the objectives of the activities; and
(C) a description of the proposed activities for the succeeding one year period.
(6) A grant made under this program shall not exceed 75 per centum of the estimated cost of the project or program for which the grant is made, and no group shall receive more than $50,000 in any one year.
(7) No financial assistance provided under this section shall be used to support lobbying or litigation by any recipient group.
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(Pub.L. 95-477, § 3(d), Oct. 18, 1978, 92 Stat. 1509.)
§ 4368a. Utilization of talents of older Americans in projects of pollution prevention, abatement, and control
(a) Technical assistance to environmental agencies
Notwithstanding any other provision of law relating to Federal grants and cooperative agreements, the Administrator of the Environmental Protection Agency is authorized to make grants to, or enter into cooperative agreements with, private nonprofit organizations designated by the Secretary of Labor under title V of the Older Americans Act of 19651 to utilize the talents of older Americans in programs authorized by other provisions of law administered by the Administrator (and consistent with such provisions of law) in providing technical assistance to Federal, State, and local environmental agencies for projects of pollution prevention, abatement, and control. Funding for such grants or agreements may be made available from such programs or through title V of the Older Americans Act of 1965 and subtitle D of title I of the Workforce Innovation and Opportunity Act2.
(b) Pre-award certifications
Prior to awarding any grant or agreement under subsection (a) of this section, the applicable Federal, State, or local environmental agency shall certify to the Administrator that such grants or agreements will not--
(1) result in the displacement of individuals currently employed by the environmental agency concerned (including partial displacement through reduction of nonovertime hours, wages, or employment benefits);
(2) result in the employment of any individual when any other person is in a layoff status from the same or substantially equivalent job within the jurisdiction of the environmental agency concerned; or
(3) affect existing contracts for services.
(c) Prior appropriation Acts
Grants or agreements awarded under this section shall be subject to prior appropriation Acts.
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(Pub.L. 98-313, § 2, June 12, 1984, 98 Stat. 235; Pub.L. 105-277, Div. A, § 101(f) [Title VIII, § 405(d)(35), (f)(27)], Oct. 21, 1998, 112 Stat. 2681-426, 2681-434; Pub.L. 113-128, Title V, § 512(j), July 22, 2014, 128 Stat. 1709.)
§ 4368b. General assistance program
(a) Short title
This section may be cited as the "Indian Environmental General Assistance Program Act of 1992".
(b) Purposes
The purposes of this section are to--
(1) provide general assistance grants to Indian tribal governments and intertribal consortia to build capacity to administer environmental regulatory programs that may be delegated by the Environmental Protection Agency on Indian lands; and
(2) provide technical assistance from the Environmental Protection Agency to Indian tribal governments and intertribal consortia in the development of multimedia programs to address environmental issues on Indian lands.
(c) Definitions
For purposes of this section:
(1) The term "Indian tribal government" means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation (as defined in, or established pursuant to, the Alaska Native Claims Settlement Act (43 U.S.C.A. § 1601, et seq.)), which is recognized as eligible for the special services provided by the United States to Indians because of their status as Indians.
(2) The term "intertribal consortia" or "intertribal consortium" means a partnership between two or more Indian tribal governments authorized by the governing bodies of those tribes to apply for and receive assistance pursuant to this section.
(3) The term "Administrator" means the Administrator of the Environmental Protection Agency.
(d) General assistance program
(1) The Administrator of the Environmental Protection Agency shall establish an Indian Environmental General Assistance Program that provides grants to eligible Indian tribal governments or intertribal consortia to cover the costs of planning, developing, and establishing environmental protection programs consistent with other applicable provisions of law providing for enforcement of such laws by Indian tribes on Indian lands.
(2) Each grant awarded for general assistance under this subsection for a fiscal year shall be no less than $75,000, and no single grant may be awarded to an Indian tribal government or intertribal consortium for more than 10 percent of the funds appropriated under subsection (h) of this section.
(3) The term of any general assistance award made under this subsection may exceed one year. Any awards made pursuant to this section shall remain available until expended. An Indian tribal government or intertribal consortium may receive a general assistance grant for a period of up to four years in each specific media area.
(e) No reduction in amounts
In no case shall the award of a general assistance grant to an Indian tribal government or intertribal consortium under this section result in a reduction of Environmental Protection Agency grants for environmental programs to that tribal government or consortium. Nothing in this section shall preclude an Indian tribal government or intertribal consortium from receiving individual media grants or cooperative agreements. Funds provided by the Environmental Protection Agency through the general assistance program shall be used by an Indian tribal government or intertribal consortium to supplement other funds provided by the Environmental Protection Agency through individual media grants or cooperative agreements.
(f) Expenditure of general assistance
Any general assistance under this section shall be expended for the purpose of planning, developing, and establishing the capability to implement programs administered by the Environmental Protection Agency and specified in the assistance agreement. Purposes and programs authorized under this section shall include the development and implementation of solid and hazardous waste programs for Indian lands. An Indian tribal government or intertribal consortium receiving general assistance pursuant to this section shall utilize such funds for programs and purposes to be carried out in accordance with the terms of the assistance agreement. Such programs and general assistance shall be carried out in accordance with the purposes and requirements of applicable provisions of law, including the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
(g) Procedures
(1) Within 12 months following October 24, 1992, the Administrator shall promulgate regulations establishing procedures under which an Indian tribal government or intertribal consortium may apply for general assistance grants under this section.
(2) The Administrator shall publish regulations issued pursuant to this section in the Federal Register.
(3) The Administrator shall establish procedures for accounting, auditing, evaluating, and reviewing any programs or activities funded in whole or in part for a general assistance grant under this section.
(h) Authorization
There are authorized to be appropriated to carry out the provisions of this section, such sums as may be necessary for each of the fiscal years 1993, 1994, 1995, 1996, 1997, and 1998.
(i) Report to Congress
The Administrator shall transmit an annual report to the appropriate Committees of the Congress with jurisdiction over the applicable environmental laws and Indian tribes describing which Indian tribes or intertribal consortia have been granted approval by the Administrator pursuant to law to enforce certain environmental laws and the effectiveness of any such enforcement.
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(Pub.L. 95-134, Title V, § 502, as added Pub.L. 102-497, § 11, Oct. 24, 1992, 106 Stat. 3258, and amended Pub.L. 103-155, Nov. 24, 1993, 107 Stat. 1523; Pub.L. 104-233, § 1, Oct. 2, 1996, 110 Stat. 3057.)
(a) Availability to Congressional committees
All reports to or by the Administrator relevant to the Agency's program of research, development, and demonstration shall promptly be made available to the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Environment and Public Works of the Senate, unless otherwise prohibited by law.
(b) Transmittal of jurisdictional information
The Administrator shall keep the Committee on Science, Space, and Technology of the House of Representatives and the Committee on Environment and Public Works of the Senate fully and currently informed with respect to matters falling within or related to the jurisdiction of the committees.
(c) Comment by Government agencies and the public
The reports provided for in section 5910 of this title shall be made available to the public for comment, and to the heads of affected agencies for comment and, in the case of recommendations for action, for response.
(d) Transmittal of research information to the Department of Energy
For the purpose of assisting the Department of Energy in planning and assigning priorities in research development and demonstration activities related to environmental control technologies, the Administrator shall actively make available to the Department all information on research activities and results of research programs of the Environmental Protection Agency.
CREDIT(S)
(Pub.L. 95-477, § 5, Oct. 18, 1978, 92 Stat. 1510; Pub.L. 103-437, § 15(c)(6), Nov. 2, 1994, 108 Stat. 4592.)
§ 4369a. Reports on environmental research and development activities of the Agency
(a) Reports to keep Congressional committees fully and currently informed
The Administrator shall keep the appropriate committees of the House and the Senate fully and currently informed about all aspects of the environmental research and development activities of the Environmental Protection Agency.
(b) Omitted
CREDIT(S)
(Pub.L. 96-229, § 4, Apr. 7, 1980, 94 Stat. 328.)
§ 4370. Reimbursement for use of facilities
(a) Authority to allow outside groups or individuals to use research and test facilities; reimbursement
The Administrator is authorized to allow appropriate use of special Environmental Protection Agency research and test facilities by outside groups or individuals and to receive reimbursement or fees for costs incurred thereby when he finds this to be in the public interest. Such reimbursement or fees are to be used by the Agency to defray the costs of use by outside groups or individuals.
(b) Rules and regulations
The Administrator may promulgate regulations to cover such use of Agency facilities in accordance with generally accepted accounting, safety, and laboratory practices.
(c) Waiver of reimbursement by Administrator
When he finds it is in the public interest the Administrator may waive reimbursement or fees for outside use of Agency facilities by nonprofit private or public entities.
CREDIT(S)
(Pub.L. 96-229, § 5, Apr. 7, 1980, 94 Stat. 328.)
§ 4370a. Assistant Administrators of Environmental Protection Agency; appointment; duties
(a) The President, by and with the advice and consent of the Senate, may appoint three Assistant Administrators of the Environmental Protection Agency in addition to--
(1) the five Assistant Administrators provided for in section 1(d) of Reorganization Plan Numbered 3 of 1970 (5 U.S.C. Appendix);
(2) the Assistant Administrator provided by section 2625(g) of Title 15; and
(3) the Assistant Administrator provided by section 6911a of this title.
(b) Each Assistant Administrator appointed under subsection (a) of this section shall perform such duties as the Administrator of the Environmental Protection Agency may prescribe.
CREDIT(S)
(Pub.L. 98-80, § 1, Aug. 23, 1983, 97 Stat. 485.)
§ 4370b. Availability of fees and charges to carry out Agency programs
Notwithstanding any other provision of law, after September 30, 1990, amounts deposited in the Licensing and Other Services Fund from fees and charges assessed and collected by the Administrator for services and activities carried out pursuant to the statutes administered by the Environmental Protection Agency shall thereafter be available to carry out the Agency's activities in the programs for which the fees or charges are made.
CREDIT(S)
(Pub.L. 101-144, Title III, Nov. 9, 1989, 103 Stat. 858.)
§ 4370c. Environmental Protection Agency fees
(a) Assessment and collection
The Administrator of the Environmental Protection Agency shall, by regulation, assess and collect fees and charges for services and activities carried out pursuant to laws administered by the Environmental Protection Agency.
(b) Amount of fees and charges
Fees and charges assessed pursuant to this section shall be in such amounts as may be necessary to ensure that the aggregate amount of fees and charges collected pursuant to this section, in excess of the amount of fees and charges collected under current law--
(1) in fiscal year 1991, is not less than $28,000,000; and
(2) in each of fiscal years 1992, 1993, 1994, and 1995, is not less than $38,000,000.
(c) Limitation on fees and charges
(1) The maximum aggregate amount of fees and charges in excess of the amounts being collected under current law which may be assessed and collected pursuant to this section in a fiscal year--
(A) for services and activities carried out pursuant ot [FN1] the Federal Water Pollution Control Act [33 U.S.C.A. § 1251 et seq.] is $10,000,000; and
(B) for services and activities in programs within the jurisdiction of the House Committee on Energy and Commerce and administered by the Environmental Protection Agency through the Administrator, shall be limited to such sums collected as of November 5, 1990, pursuant to sections 2625(b) and 2665(e)(2) of Title 15, and such sums specifically authorized by the Clean Air Act Amendments of 1990.
(2) Any remaining amounts required to be collected under this section shall be collected from services and programs administered by the Environmental Protection Agency other than those specified in subparagraphs (A) and (B) of paragraph (1).
(d) Rule of construction
Nothing in this section increases or diminishes the authority of the Administrator to promulgate regulations pursuant to section 9701 of Title 31.
(e) Uses of fees
Fees and charges collected pursuant to this section shall be deposited into a special account for environmental services in the Treasury of the United States. Subject to appropriation Acts, such funds shall be available to the Environmental Protection Agency to carry out the activities for which such fees and charges are collected. Such funds shall remain available until expended.
[FN1] So in original. Probably should be "to".
CREDIT(S)
(Pub.L. 101-508, Title VI, § 6501, Nov. 5, 1990, 104 Stat. 1388-320.)
§ 4370d. Percentage of Federal funding for organizations owned by economically and socially disadvantaged individuals
The Administrator of the Environmental Protection Agency shall, on and after October 6, 1992, to the fullest extent possible, ensure that at least 8 per centum of Federal funding for prime and subcontracts awarded in support of authorized programs, including grants, loans, and contracts for wastewater treatment and leaking underground storage tanks grants, be made available to business concerns or other organizations owned or controlled by socially and economically disadvantaged individuals (within the meaning of section 637(a)(5) and (6) of Title 15), including historically black colleges and universities. For purposes of this section, economically and socially disadvantaged individuals shall be deemed to include women.
CREDIT(S)
(Pub.L. 102-389, Title III, Oct. 6, 1992, 106 Stat. 1602.)
§ 4370e. Working Capital Fund in Treasury
There is hereby established in the Treasury a "Working capital fund", to be available without fiscal year limitation for expenses and equipment necessary for the maintenance and operation of such administrative services as the Administrator determines may be performed more advantageously as central services: Provided, That any inventories, equipment, and other assets pertaining to the services to be provided by such fund, either on hand or on order, less the related liabilities or unpaid obligations, and any appropriations made hereafter for the purpose of providing capital, shall be used to capitalize such fund: Provided further, That such fund shall be paid in advance or reimbursed from funds available to the Agency and other Federal agencies for which such centralized services are performed, at rates which will return in full all expenses of operation, including accrued leave, depreciation of fund plant and equipment, amortization of automated data processing (ADP) software and systems (either acquired or donated), and an amount necessary to maintain a reasonable operating reserve, as determined by the Administrator: Provided further, That such fund shall provide services on a competitive basis: Provided further, That an amount not to exceed four percent of the total annual income to such fund may be retained in the fund for fiscal year 1997 and each fiscal year thereafter, to remain available until expended, to be used for the acquisition of capital equipment and for the improvement and implementation of Agency financial management, ADP, and other support systems: Provided further, That no later than thirty days after the end of each fiscal year amounts in excess of this reserve limitation shall be transferred to the Treasury.
CREDIT(S)
(Pub.L. 104-204, Title III, Sept. 26, 1996, 110 Stat. 2912; Pub.L. 105-65, Title III, Oct. 27, 1997, 111 Stat. 1374; Pub.L. 105-276, Title III, Oct. 21, 1998, 112 Stat. 2499.)
§ 4370f. Availability of funds after expiration of period for liquidating obligations
For fiscal year 2001 and thereafter, the obligated balances of sums available in multiple-year appropriations accounts shall remain available through the seventh fiscal year after their period of availability has expired for liquidating obligations made during the period of availability.
CREDIT(S)
(Pub.L. 106-377, § 1(a)(1) [Title III], Oct. 27, 2000, 114 Stat. 1441, 1441A-44.)
§ 4370g. Use of funds for uniforms and for certain services [FN1]
(Pub.L. 111-8, Div. E, Title II, Mar. 11, 2009, 123 Stat. 728.)
[FN1] Editorially supplied.
§ 4370h. Use of funds for construction, alteration, repair, rehabilitation, and renovation of facilities [FN1]
[FN1] Editorially supplied.
§ 4370i. Regional liaisons for minority, tribal, and low-income communities
(a) In general
The Administrator of the Environmental Protection Agency (referred to in this section as the “Administrator”) shall assign at least one employee in each regional office of the Environmental Protection Agency to serve as a liaison to minority, Tribal, and low-income communities in the relevant region.
(b) Public identification
The Administrator shall identify each regional liaison assigned under subsection (a) on the internet website of--
(1) the relevant regional office of the Environmental Protection Agency; and
(2) the Office of Environmental Justice of the Environmental Protection Agency.
CREDIT(S)
(Pub.L. 115-270, Title IV, § 4305, Oct. 23, 2018, 132 Stat. 3883.)
(a) Establishment
There is established within the Office of the Administrator an Office of the Municipal Ombudsman, to be headed by a Municipal Ombudsman.
(b) General duties
The duties of the Municipal Ombudsman shall include the provision of--
(1) technical assistance to municipalities seeking to comply with the Federal Water Pollution Control Act; and
(2) information to the Administrator to help the Administrator ensure that agency policies are implemented by all offices of the Environmental Protection Agency, including regional offices.
(c) Actions required
The Municipal Ombudsman shall work with appropriate offices at the headquarters and regional offices of the Environmental Protection Agency to ensure that a municipality seeking assistance is provided information regarding--
(1) available Federal financial assistance for which the municipality is eligible;
(2) flexibility available under the Federal Water Pollution Control Act; and
(3) the opportunity to develop an integrated plan under section 402(s) of the Federal Water Pollution Control Act.
(d) Information sharing
The Municipal Ombudsman shall publish on the website of the Environmental Protection Agency--
(1) general information relating to--
(A) the technical assistance referred to in subsection (b)(1);
(B) the financial assistance referred to in subsection (c)(1);
(C) the flexibility referred to in subsection (c)(2); and
(D) any resources developed by the Administrator related to integrated plans under section 402(s) of the Federal Water Pollution Control Act; and
(2) a copy of each permit, order, or judicial consent decree that implements or incorporates such an integrated plan.
CREDIT(S)
(Pub.L. 115-436, § 4, Jan. 14, 2019, 132 Stat. 5560.)