|
The National Environmental Policy Act of 1969, as amended by Pub. L. 91-190,
42 U.S.C. 4321-4347, January 1, 1970, as amended by Pub. L. 94-52, July 3, 1975,
and Pub. L. 94-83, August 9, 1975.
An Act to establish a national policy for the environment, to provide for the
establishment of a Council on Environmental Quality, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States
of America in Congress assembled, That this Act may be cited as the "National
Environmental Policy Act of 1969."
PURPOSE
- Sec. 2. The purposes of this Act are: To declare a national policy
which will encourage productive and enjoyable harmony between man and his
environment and biosphere and stimulate the health and welfare of man; to
enrich the understanding of the ecological system and natural resources
important to the Nation; and to establish a Council on Environmental Quality.
TITLE I
DECLARATION OF THE NATIONAL ENVIRONMENTAL POLICY
- Sec. 101.
- (a) The Congress, recognizing the profound impact on 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 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 Act, it is
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 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 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.
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---
- (A) Utilize a systematic, interdisciplinary approach which will
insure the integrated use of the natural and social sciences and the
environment design arts in planning and in decision making 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 title II of this
Act, which will insure that presently unquantified environmental amenities
and values may be given appropriate consideration in decision making along
with economic and technical considerations;
(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 responsible
official on--
- (i) The environment 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 enhancement 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 Federal
official 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 view 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;
(D) 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 statements 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 Act; and
further, this subparagraph does not affect the legal sufficiency of
statements prepared by State agencies with less than statewide
jurisdiction.
(E) Study, develop, and describe appropriate alternatives to
recommended courses of action in any proposal which involves unresolved
conflicts concerning alternative uses of available resources;
(F) Recognize the worldwide and long-range character of
environmental problems and, 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;
(G) Make available to States, counties, municipalities,
institutions, and individuals, advice and information useful in restoring,
maintaining, and enhancing the quality of the environment;
(H) Initiate and utilize ecological information in the planning
and development of resource-oriented projects; and
(I) Assist the Council on Environmental Quality established by
title II of this Act.
Sec. 103. 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 Act 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 Act.
Sec. 104. Nothing in section 102 or 103 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.
Sec. 105. The policies and goals set forth in this Act are
supplementary to those set forth in existing authorizations of Federal
agencies.
|