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8000 - Miscellaneous Statutes and Regulations


NATIONAL ENVIRONMENTAL POLICY ACT OF 1969

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. [4321] The purposes of this Act 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.

[Codified to 42 U.S.C. 4321]

[Source:  Section 2 of the Act of January 1, 1970 (Pub. L. No. 91--190; 83 Stat. 852), effective January 1, 1970]

TITLE I

DECLARATION OF NATIONAL ENVIRONMENTAL POLICY

SEC. 101. [4331] (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 Act, 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.

[Codified to 42 U.S.C. 4331]

[Source:  Section 101 of title I of the Act of January 1, 1970 (Pub. L. No. 91--190; 83 Stat. 852), effective January 1, 1970]

SEC. 102. [4332] 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 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 title II of this Act, which will insure that presently unquantified environmental amenities and values may be given appropriate consideration in decisionmaking along with economic and technical considerations;

(C)  include in every recommendation or report on 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 environmental impact of the proposed action,

(ii)  any adverse environmental effects which cannot be avoided should the proposal be implemented,

(iii)  alternatives to the proposed action,

(iv)  the relationship between local short-term uses of man's environment and the maintenance and 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 views of the appropriate Federal, State, and local agencies, which are authorized to develop and enforce environmental standards, shall be made available to the President, the Council on Environmental Quality and to the public as provided by section 552 of title 5, United States Code, and shall accompany the proposal through the existing agency review processes;

(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 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 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, 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.

[Codified to 42 U.S.C. 4332]

[Source:  Section 102 of title I of the Act of January 1, 1970 (Pub. L. No. 91--190; 83 Stat. 853), effective January 1, 1970; as amended by the Act of August 9, 1975 (Pub. L. No. 94--83; 89 Stat. 424), effective August 9, 1975]

SEC. 103. [4333] 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.

[Codified to 42 U.S.C. 4333]

[Source:  Section 103 of title I of the Act of January 1, 1970 (Pub. L. No. 91--190; 83 Stat. 854), effective January 1, 1970]

SEC. 104. [4334] 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.

[Codified to 42 U.S.C. 4334]

[Source:  Section 104 of title I of the Act of January 1, 1970 (Pub. L. No. 91--190; 83 Stat. 854), effective January 1, 1970]

SEC. 105. [4335] The policies and goals set forth in this Act are supplementary to those set forth in existing authorizations of Federal agencies.

[Codified to 42 U.S.C. 4335]

[Source:  Section 105 of title I of the Act of January 1, 1970 (Pub. L. No. 91--190; 83 Stat. 854), effective January 1, 1970]

TITLE II

COUNCIL ON ENVIRONMENTAL QUALITY

SEC. 201. [4341] The President shall transmit to the Congress annually beginning July 1, 1970, an Environmental Quality Report (hereinafter referred to as the "report") which shall set forth (1) the status and condition of the major natural, manmade, or altered environmental classes of the Nation, including, but not limited to, the air, the aquatic, including marine, estuarine, and fresh water, and the terrestrial environment, including, but not limited to, the forest, dryland, wetland, range, urban, suburban, and rural environment; (2) current and foreseeable trends in the quality, management and utilization of such environments and the effects of those trends on the social, economic, and other requirements of the Nation; (3) the adequacy of available natural resources for fulfilling human and economic requirements of the Nation in the light of expected population pressures; (4) a review of the programs and activities (including regulatory activities) of the Federal Government, the State and local governments, and nongovernmental entities or individuals, with particular reference to their effect on the environment and on the conservation, development and utilization of natural resources; and (5) a program for remedying the deficiencies of existing programs and activities, together with recommendations for legislation.

[Codified to 42 U.S.C. 4341]

[Source:  Section 201 of title II of the Act of January 1, 1970 (Pub. L. No. 91--190; 83 Stat. 854), effective January 1, 1970]

SEC. 202. [4342] 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 title I of this Act; 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.

[Codified to 42 U.S.C. 4342]

[Source:  Section 202 of title II of the Act of January 1, 1970 (Pub. L. No. 91--190; 83 Stat. 854), effective January 1, 1970]

SEC. 203. [4343] (a) The council may employ such officers and employees as may be necessary to carry out its functions under this Act. 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 Act, in accordance with section 3109 of title 5, United States Code (but without regard to the last sentence thereof).

(b) Notwithstanding section 3679(b) of the Revised Statutes (31 U.S.C. 665(b)), the Council may accept and employ voluntary and uncompensated services in furtherance of the purposes of the Council.

[Codified to 42 U.S.C. 4343]

[Source:  Section 203 of title II of the Act of January 1, 1970 (Pub. L. No. 91--190; 83 Stat 855), effective January 1, 1970, as amended by section 2 of the Act of July 3, 1975 (Pub. L. No. 94--52; 89 Stat. 258), effective July 3, 1975]

SEC. 204. [4344] 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 201;

(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 title I of this Act, 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 title I of this Act 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.

[Codified to 42 U.S.C. 4344]

[Source:  Section 204 of title II of the Act of January 1, 1970 (Pub. L. No. 91--190; 83 Stat 855), effective January 1, 1970]

SEC. 205. [4345] In exercising its powers, functions, and duties under this Act, 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.

[Codified to 42 U.S.C. 4345]

[Source:  Section 205 of title II of the Act of January 1, 1970 (Pub. L. No. 91--190; 83 Stat 855), effective January 1, 1970]

SEC. 206. [4346] 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 of the Executive Schedule Pay Rates (5 U.S.C. 5315).

[Codified to 42 U.S.C. 4346]

[Source:  Section 206 of title II of the Act of January 1, 1970 (Pub. L. No. 91--190; 83 Stat. 856), effective January 1, 1970]

SEC. 207. [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.

[Codified to 42 U.S.C. 4346a]


[Source:  Section 207 of title II of the Act of January 1, 1970 (Pub. L. No. 91--190), effective January 1, 1970, as added by section 3 of the Act of July 3, 1975 (Pub. L. No. 94--52; 89 Stat. 258) effective July 3, 1975]

SEC. 208. [4346b] Expenditures in support of international travel

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.

[Codified to 42 U.S.C. 4346b]

[Source:  Section 208 of title II of the Act of January 1, 1970 (Pub. L. No. 91--190), effective January 1, 1970, as added by section 3 of the Act of July 3, 1975 (Pub. L. No. 94--52; 89 Stat. 258), effective July 3, 1975]

SEC. 209. [4347] There are authorized to be appropriated to carry out the provisions of this Act not to exceed $300,000 for fiscal year 1970, $700,000 for fiscal year 1971, and $1,000,000 for each fiscal year thereafter.

[Codified to 42 U.S.C. 4347]

[Source:  Section 209 [Formerly Section 207] of title II of the Act of January 1, 1970 (Pub. L. No. 91--190; 83 Stat 856), effective January 1, 1970, as amended by section 3 of the Act of July 3, 1975 (Pub. L. No. 94--52; 89 Stat. 258), effective July 3, 1975]

SEC. 4361. Plan for research, development and demonstration

The Administrator of the Environmental Protection Agency shall transmit to the Congress, within 6 months after the date of enactment of this Act [enacted Oct. 11, 1976], a comprehensive 5-year plan for environmental research, development, and demonstration. This plan shall be appropriately revised annually, and such revisions shall be transmitted to the Congress no later than two weeks after the President submits his annual budget to the Congress in such year.

[Codified to 42 U.S.C. 4361]

[Source:  The Act of January 1, 1970 (Pub. L. No. 91--190), effective January 1, 1970, as added by section 5 of the Act of October 11, 1976 (Pub. L. No. 94--475; 90 Stat. 2071), effective October 11, 1976]

SEC. 4361a. Budget projections in annual revisions of plan for research, development, and demonstration

The Administrator of the Environmental Protection Agency, in each annual revision of the five-year plan transmitted to the Congress under section 5 of Public Law 94--475 shall include budget projections for a "no-growth" budget, for a "moderate-growth" budget, and for a "high-growth" budget. In addition, each such annual revision shall include a detailed explanation of the relationship of each budget projection to the existing laws which authorize the Administration's environmental research, development, and demonstration programs.

[Codified to 42 U.S.C. 4361a]

[Source:  The Act of January 1, 1970 (Pub. L. No. 91--190), effective January 1, 1970, as added by section 4 of the Act of November 8, 1977 (Pub. L. No. 95--155; 91 Stat. 1258), effective November 8, 1977]

SEC. 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 5 of Public Law 94--475.

[Codified to 42 U.S.C. 4361b]

[Source:  The Act of January 1, 1970 (Pub. L. No. 91--190), effective January 1, 1970, as added by section 10 of the Act of November 8, 1977 (Pub. L. No. 95--155; 91 Stat. 1262), effective November 8, 1977]

SEC. 4361c. Staff management

(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.

[Codified to 42 U.S.C. 4361c]

[Source:  The Act of January 1, 1970 (Pub. L. No. 91--190), effective January 1, 1970, as added by section 6 of the Act of October 18, 1978 (Pub. L. No. 95--477; 92 Stat. 1510), effective October 18, 1978]

SEC. 4362. Interagency cooperation on prevention of environmental cancer and heart and lung disease

(a)  Not later than three months after the date of enactment of this section [enacted Aug. 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, Education, and Welfare [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 the date of enactment of this section [enacted Aug. 7, 1977] and annually thereafter, on the problems and progress in carrying out this section.

[Codified to 42 U.S.C. 4362]

[Source:  The Act of January 1, 1970 (Pub. L. No. 91--190), effective January 1, 1970, as added by section 402 of title IV of the Act of August 7, 1977 (Pub. L. No. 95--95; 91 Stat. 791), effective August 7, 1977]

SEC. 4362a. Task Force on Environmental Cancer and Heart and Lung Disease; membership of Director of National Center for Health Statistics and of head of Center for Disease Control

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 402 of Public Law 95--95.

[Codified to 42 U.S.C. 4362a]

[Source:  The Act of January 1, 1970 (Pub. L. No. 91--190), effective January 1, 1970, as added by section 9 of the Act of November 9, 1978 (Pub. L. No. 95--623; 92 Stat. 3455), effective November 9, 1978]

SEC. 4363. Continuing and long-term environmental research and development

The Administrator shall establish a separately identified program of continuing, long-term environmental research and development for each activity listed in subsection (a) of this section. 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 subsection (a) of this section shall be obligated and expended for such long-term environmental research and development under this subsection.

[Codified to 42 U.S.C. 4363]

[Source:  The Act of January 1, 1970 (Pub. L. No. 91--190), effective January 1, 1970, as added by section 2(f) of the Act of December 22, 1980 (Pub. L. No. 96--569; 94 Stat. 3337), effective December 22, 1980]

SEC. 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, the Federal Water Pollution Control Act as amended, 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.

[Codified to 42 U.S.C. 4363a]

[Source:  The Act of January 1, 1970 (Pub. L. No. 91--190), effective January 1, 1970, as added by section 2(d) of the Act of April 7, 1980 (Pub. L. No. 96--229; 94 Stat. 327), effective April 7, 1980]

SEC. 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), 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.

[Codified to 42 U.S.C. 4364]

[Source:  The Act of January 1, 1970 (Pub. L. No. 91--190), effective January 1, 1970, as added by section 7 of the Act of November 8, 1977 (Pub. L. No. 95--155; 91 Stat. 1259), effective November 8, 1977]

SEC. 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 Committees 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)  Review and comment on plan for research, development, and demonstration and annual revisions; transmission to Congress. In addition to providing scientific advice when requested by the Administrator under subsection (a), the Board shall review and comment on the Administration's five-year plan for environmental research, development, and demonstration provided for by section 5 of Public Law 94--475 and on each annual revision thereof. Such review and comment shall be transmitted to the Congress by the Administrator, together with his comments thereon, at the time of the transmission to the Congress of the annual revision involved.

(d)  [Repealed]

(e)  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, the Federal Water Pollution Control Act, the Resource, Conservation and Recovery Act of 1976, the Noise Control Act, the Toxic Substances Control Act, or the Safe Drinking Water Act, 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.

(f)  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.

(g)  Member committees and investigative panels; establishment; chairmenship. The Board is authorized to constitute such member committees and investigative panels as the Administrator and the Board find necessary to carry out this section. Each such member committee or investigative panel shall be chaired by a member of the Board.

(h)  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 of the United States Code.

(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 of the United States Code.

(i)  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 25(d) of the Federal Insecticide, Fungicide, and Rodenticide Act, as amended.

[Codified to 42 U.S.C. 4365]

[Source:  The Act of January 1, 1970 (Pub. L. No. 91--190), effective January 1, 1970, as added by section 8 of the Act of November 8, 1977 (Pub. L. No. 95--155; 91 Stat. 1260), effective November 8, 1977; section 3 of the Act of December 22, 1980 (Pub. L. No. 96--569; 94 Stat. 3337), effective December 22, 1980; as amended by section 15(o) of the Act of November 2, 1994 (Pub. L. No. 103--437; 108 Stat. 4593), effective November 2, 1994]

SEC. 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 5 of Public Law 94--475 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) 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.

[Codified to 42 U.S.C. 4366]

[Source:  The Act of January 1, 1970 (Pub. L. No. 91--190), effective January 1, 1970, as added by section 9 of the Act of November 8, 1977 (Pub. L. No. 95--155; 91 Stat. 1261), effective November 8, 1977]

SEC. 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 the date of enactment of this Act [enacted Nov. 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)  report to the Congress on June 1 of each calendar year with respect to such disclosures and the actions taken in regard thereto during the preceding calendar year.

(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.

[Codified to 42 U.S.C. 4367]

[Source:  The Act of January 1, 1970 (Pub. L. No. 91--190), effective January 1, 1970, as added by section 12 of the Act of November 8, 1977 (Pub. L. No. 95--155; 91 Stat. 1263), effective November 8, 1977]

SEC. 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 subsection 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 bona-fide 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 subsection shall be used to support lobbying or litigation by any recipient group.

[Codified to 42 U.S.C. 4368]

[Source:  The Act of January 1, 1970 (Pub. L. No. 91--190), effective January 1, 1970, as added by section 3(d) of the Act of October 18, 1978 (Pub. L. No. 95--477; 92 Stat. 1509), effective October 18, 1978]

SEC. 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 1965 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 title IV of the Job Training Partnership Act.

(b)  Pre-award certifications. Prior to awarding any grant or agreement under subsection (a), 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 Act shall be subject to prior appropriation Acts.

[Codified to 42 U.S.C. 4368a]

[Source:  The Act of January 1, 1970 (Pub. L. No. 91--190), effective January 1, 1970, as added by section 2 of the Act of June 12, 1984 (Pub. L. No. 98--313; 98 Stat. 235), effective June 12, 1984]

SEC. 4369. Miscellaneous reports

(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 11 of Public Law 93--577 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.

[Codified to 42 U.S.C. 4369]

[Source:  The Act of January 1, 1970 (Pub. L. No. 91--190), effective January 1, 1970, as added by section 5 of the Act of October 18, 1978 (Pub. L. No. 95--477; 92 Stat. 1510), effective October 18, 1978; as amended by section 15(c)(6) of the Act of November 2, 1994, (Pub. L. No. 103--437; 108 Stat. 4592), effective November 2, 1994]

SEC. 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)  Annual reports relating requested funds to activities to be carried out with those funds. Each year, at the time of the submission of the President's annual budget request, the Administrator shall make available to the appropriate committees of Congress sufficient copies of a report fully describing funds requested and the environmental research and development activities to be carried out with these funds.

[Codified to 42 U.S.C. 4369a]

[Source:  The Act of January 1, 1970 (Pub. L. No. 91--190), effective January 1, 1970, as added by section 4 of the Act of April 7, 1980 (Pub. L. No. 96--229; 94 Stat. 328), effective April 7, 1980]

SEC. 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.

[Codified to 42 U.S.C. 4370]

[Source:  The Act of January 1, 1970 (Pub. L. No. 91--190), effective January 1, 1970, as added by section 5 of the Act of April 7, 1980 (Pub. L. No. 96--229; 94 Stat. 328), effective April 7, 1980]

SEC. 4370a. Assistant Administrators of the 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) (hereinafter in this Act referred to as the "Reorganization Plan");

(2)  the Assistant Administrator provided by section 26(g) of the Toxic Substances Control Act (15 U.S.C. 2625(g)); and

(3)  the Assistant Administrator provided by section 307(b) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 6911a).

(b)  Each Assistant Administrator appointed under subsection (a) shall perform such duties as the Administrator of the Environmental Protection Agency may prescribe.

[Codified to 42 U.S.C. 4370a]

[Source:  The Act of January 1, 1970 (Pub. L. No. 91--190), effective January 1, 1970, as added by section 1 of the Act of August 23, 1983 (Pub. L. No. 98--80; 97 Stat. 485), effective August 23, 1983]

SEC. 4370b. Utilization of funds in Licensing and Other Services Fund

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.

[Codified to 42 U.S.C. 4370b]

[Source:  The Act of January 1, 1970 (Pub. L. No. 90--190), effective January 1, 1970, as added by title III of the Act of November 9, 1989 (Pub. L. No. 101--144; 103 Stat. 858), effective November 9, 1989]


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