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(continued)
employing a unified approach to the problems of the oceans and
atmosphere, we can increase our knowledge and expand our
opportunities not only in those areas, but in the third major
component of our environment, the solid earth, as well.
Scattered through various Federal departments and agencies, we
already have the scientific, technological, and administrative
resources to make an effective, unified approach possible. What we
need is to bring them together. Establishment of NOAA would do so.
By far the largest of the components being merged would be the
Commerce Department's Environmental Science Services Administration
(ESSA), with some 10,000 employees (70 percent of NOAA's total
personnel strength) and estimated Fiscal 1970 expenditures of
almost $200 million. Placing NOAA within the Department of Commerce
therefore entails the least dislocation, while also placing it
within a Department which has traditionally been a center for
service activities in the scientific and technological area.

COMPONENTS OF NOAA
Under terms of Reorganization Plan No. 4, the programs of the
following organizations would be moved into NOAA:
- The Environmental Science Services Administration (from within
the Department of Commerce).
- Elements of the Bureau of Commercial Fisheries (from the
Department of the Interior).
- The marine sport fish program of the Bureau of Sport Fisheries
and Wildlife (from the Department of the Interior).
- The Marine Minerals Technology Center of the Bureau of Mines
(from the Department of the Interior).
- The Office of Sea Grant Programs (from the National Science
Foundation).
- Elements of the United States Lake Survey (from the Department
of the Army).
In addition, by executive action, the programs of the following
organizations would be transferred to NOAA:
- The National Oceanographic Data Center (from the Department of
the Navy).
- The National Oceanographic Instrumentation Center (from the
Department of the Navy).
- The National Data Buoy Project (from the Department of
Transportation).
In brief, these are the principal functions of the programs and
agencies to be combined:

THE ENVIRONMENTAL SCIENCE SERVICES ADMINISTRATION
(ESSA) comprises the following components:
- The Weather Bureau (weather, marine, river and flood
forecasting and warning).
- The Coast and Geodetic Survey (earth and marine description,
mapping and charting).
- The Environmental Data Service (storage and retrieval of
environmental data).
- The National Environmental Satellite Center (observation of
the global environment from earth-orbiting satellites).
- The ESSA Research Laboratories (research on physical
environmental problems).
ESSA's activities include observing and predicting the state of
the oceans, the state of the lower and upper atmosphere, and the
size and shape of the earth. It maintains the nation's warning
systems for such natural hazards as hurricanes, tornadoes, floods,
earthquakes and seismic sea waves. It provides information for
national defense, agriculture, transportation and industry.
ESSA monitors atmospheric, oceanic and geophysical phenomena on a
global basis, through an unparalleled complex of air, ocean, earth
and space facilities. It also prepares aeronautical and marine maps
and charts.
Bureau of Commercial Fisheries and marine sport fish activities.
- Those fishery activities of the Department of the Interior's U.S.
Fish and Wildlife Service which are ocean related and those which
are directed toward commercial fishing would be transferred. The
Fish and Wildlife Service's Bureau of Commercial Fisheries has the
dual function of strengthening the fishing industry and promoting
conservation of fishery stocks. It conducts research on important
marine species and on fundamental oceanography, and operates a
fleet of oceanographic vessels and a number of laboratories. Most
of its activities would be transferred. From the Fish and Wildlife
Service's Bureau of Sport Fisheries and Wildlife, the marine sport
fishing program would be transferred. This involves five supporting
laboratories and three ships engaged in activities to enhance
marine sport fishing opportunities.
The Marine Minerals Technology Center is concerned with the
development of marine mining technology.
Office of Sea Grant Programs. - The Sea Grant Program was
authorized in 1966 to permit the Federal Government to assist the
academic and industrial communities in developing marine resources
and technology. It aims at strengthening education and training of
marine specialists, supporting applied research in the recovery and
use of marine resources, and developing extension and advisory
services. The Office carries out these objectives by making grants
to selected academic institutions.
The U.S. Lake Survey has two primary missions. It prepares and
publishes navigation charts of the Great Lakes and tributary waters
and conducts research on a variety of hydraulic and hydrologic
phenomena of the Great Lakes' waters. Its activities are very
similar to those conducted along the Atlantic and Pacific coasts by
ESSA's Coast and Geodetic Survey.
The National Oceanographic Data Center is responsible for the
collection and dissemination of oceanographic data accumulated by
all Federal agencies.
The National Oceanographic Instrumentation Center provides a
central Federal service for the calibration and testing of
oceanographic instruments.
The National Data Buoy Development Project was established to
determine the feasibility of deploying a system of automatic ocean
buoys to obtain oceanic and atmospheric data.

ROLE OF NOAA
Drawing these activities together into a single agency would make
possible a balanced Federal program to improve our understanding of
the resources of the sea, and permit their development and use
while guarding against the sort of thoughtless exploitation that in
the past laid waste to so many of our precious natural assets. It
would make possible a consolidated program for achieving a more
comprehensive understanding of oceanic and atmospheric phenomena,
which so greatly affect our lives and activities. It would
facilitate the cooperation between public and private interests
that can best serve the interests of all.
I expect that NOAA would exercise leadership in developing a
national oceanic and atmospheric program of research and
development. It would coordinate its own scientific and technical
resources with the technical and operational capabilities of other
government agencies and private institutions. As important, NOAA
would continue to provide those services to other agencies of
government, industry and private individuals which have become
essential to the efficient operation of our transportation systems,
our agriculture and our national security. I expect it to maintain
continuing and close liaison with the new Environmental Protection
Agency and the Council on Environmental Quality as part of an
effort to ensure that environmental questions are dealt with in
their totality and they benefit from the full range of the
government's technical and human resources.
Authorities who have studied this matter, including the
Commission on Marine Science, Engineering and Resources, strongly
recommended the creation of a National Advisory Committee for the
Oceans. I agree. Consequently, I will request, upon approval of the
plan, that the Secretary of Commerce establish a National Advisory
Committee for the Oceans and the Atmosphere to advise him on the
progress of governmental and private programs in achieving the
nation's oceanic and atmospheric objectives.

AN ON-GOING PROCESS
The reorganizations which I am here proposing afford both the
Congress and the Executive Branch an opportunity to re-evaluate the
adequacy of existing program authorities involved in these
consolidations. As these two new organizations come into being, we
may well find that supplementary legislation to perfect their
authorities will be necessary. I look forward to working with the
Congress in this task.
In formulating these reorganization plans, I have been greatly
aided by the work of the President's Advisory Council on Executive
Organization (the Ash Council), the Commission on Marine Science,
Engineering and Resources (the Stratton Commission, appointed by
President Johnson), my special task force on oceanography headed by
Dr. James Wakelin, and by the information developed during both
House and Senate hearings on proposed NOAA legislation.
Many of those who have advised me have proposed additional
reorganizations, and it may well be that in the future I shall
recommend further changes. For the present, however, I think the
two reorganizations transmitted today represent a sound and
significant beginning. I also think that in practical terms, in
this sensitive and rapidly developing area, it is better to proceed
a step at a time - and thus to be sure that we are not caught up in
a form of organizational indigestion from trying to rearrange too
much at once. As we see how these changes work out, we will gain a
better understanding of what further changes - in addition to these
- might be desirable.
Ultimately, our objective should be to insure that the nation's
environmental and resource protection activities are so organized
as to maximize both the effective coordination of all and the
effective functioning of each.
The Congress, the Administration and the public all share a
profound commitment to the rescue of our natural environment, and
the preservation of the Earth as a place both habitable by and
hospitable to man. With its acceptance of these reorganization
plans, the Congress will help us fulfill that commitment.
Richard Nixon.
The White House, July 9, 1970.


-EXEC-
EX. ORD. NO. 11472. CABINET COMMITTEE ON THE ENVIRONMENT AND
CITIZENS' ADVISORY COMMITTEE ON ENVIRONMENTAL QUALITY
Ex. Ord. No. 11472, May 29, 1969, 34 F.R. 8693, as amended by Ex.
Ord. No. 11514, Mar. 5, 1970, 35 F.R. 4247; Ex. Ord. No. 12007,
Aug. 22, 1977, 42 F.R. 42839, provided:
By virtue of the authority vested in me as President of the
United States, it is ordered as follows:

PART I - CABINET COMMITTEE ON THE ENVIRONMENT
Section 101. Establishment of the Cabinet Committee. (a) There is
hereby established the Cabinet Committee on the Environment
(hereinafter referred to as "the Cabinet Committee").
(b) The President of the United States shall preside over
meetings of the Cabinet Committee. The Vice President shall preside
in the absence of the President.
(c) The Cabinet Committee shall be composed of the following
members:
The Vice President of the United States
Secretary of Agriculture
Secretary of Commerce
Secretary of Health, Education, and Welfare
Secretary of Housing and Urban Development
Secretary of the Interior
Secretary of Transportation
and such other heads of departments and agencies and others as the
President may from time to time direct.
(d) Each member of the Cabinet Committee may designate an
alternate, who shall serve as a member of the Cabinet Committee
whenever the regular member is unable to attend any meeting of the
Cabinet Committee.
(e) When matters which affect the interest of Federal agencies
the heads of which are not members of the Cabinet Committee are to
be considered by the Cabinet Committee, the President or his
representative may invite such agency heads or their alternates to
participate in the deliberations of the Cabinet Committee.
(f) The Director of the Bureau of the Budget [now the Director of
the Office of Management and Budget], the Director of the Office of
Science and Technology, the Chairman of the Council of Economic
Advisers, and the Executive Secretary of the Council for Urban
Affairs or their representatives may participate in the
deliberations of the Cabinet Committee on the Environment as
observers.
(g) The Chairman of the Council on Environmental Quality
(established by Public Law 91-190) [this chapter] shall assist the
President in directing the affairs of the Cabinet Committee.
Sec. 102. Functions of the Cabinet Committee. (a) The Cabinet
Committee shall advise and assist the President with respect to
environmental quality matters and shall perform such other related
duties as the President may from time to time prescribe. In
addition thereto, the Cabinet Committee is directed to:
(1) Recommend measures to ensure that Federal policies and
programs, including those for development and conservation of
natural resources, take adequate account of environmental effects.
(2) Review the adequacy of existing systems for monitoring and
predicting environmental changes so as to achieve effective
coverage and efficient use of facilities and other resources.
(3) Foster cooperation between the Federal Government, State and
local governments, and private organizations in environmental
programs.
(4) Seek advancement of scientific knowledge of changes in the
environment and encourage the development of technology to prevent
or minimize adverse effects that endanger man's health and
well-being.
(5) Stimulate public and private participation in programs and
activities to protect against pollution of the Nation's air, water,
and land and its living resources.
(6) Encourage timely public disclosure by all levels of
government and by private parties of plans that would affect the
quality of environment.
(7) Assure assessment of new and changing technologies for their
potential effects on the environment.
(8) Facilitate coordination among departments and agencies of the
Federal Government in protecting and improving the environment.
(b) The Cabinet Committee shall review plans and actions of
Federal agencies affecting outdoor recreation and natural beauty.
The Cabinet Committee may conduct studies and make recommendations
to the President on matters of policy in the fields of outdoor
recreation and natural beauty. In carrying out the foregoing
provisions of this subsection, the Cabinet Committee shall, as far
as may be practical, advise Federal agencies with respect to the
effect of their respective plans and programs on recreation and
natural beauty, and may suggest to such agencies ways to accomplish
the purposes of this order. For the purposes of this order, plans
and programs may include, but are not limited to, those for or
affecting: (1) Development, restoration, and preservation of the
beauty of the countryside, urban and suburban areas, water
resources, wild rivers, scenic roads, parkways and highways, (2)
the protection and appropriate management of scenic or primitive
areas, natural wonders, historic sites, and recreation areas, (3)
the management of Federal land and water resources, including fish
and wildlife, to enhance natural beauty and recreational
opportunities consistent with other essential uses, (4) cooperation
with the States and their local subdivisions and private
organizations and individuals in areas of mutual interest, (5)
interstate arrangements, including Federal participation where
authorized and necessary, and (6) leadership in a nationwide
recreation and beautification effort.
Sec. 103. Coordination. The Secretary of the Interior may make
available to the Cabinet Committee for coordination of outdoor
recreation the authorities and resources available to him under the
Act of May 28, 1963, 77 Stat. 49 [16 U.S.C. 460l et seq.], to the
extent permitted by law, he may make such authorities and resources
available to the Cabinet Committee also for promoting such
coordination of other matters assigned to the Cabinet Committee by
this order.
Sec. 104. Assistance for the Cabinet Committee. In compliance
with provisions of applicable law, and as necessary to serve the
purposes of this order, (1) the Council on Environmental Quality
(established by Public Law 91-190) [this chapter] shall provide or
arrange for necessary administrative and staff services, support,
and facilities for the Cabinet Committee, and (2) each department
and agency which has membership on the Cabinet Committee under
Section 101(c) hereof shall furnish the Cabinet Committee such
information and other assistance as may be available.

PART II - CITIZENS' ADVISORY COMMITTEE ON ENVIRONMENTAL QUALITY
[Revoked. Ex. Ord. No. 12007, Aug. 22, 1977, 42 F.R. 42839.]

PART III - GENERAL PROVISIONS
Sec. 301. Construction. Nothing in this order shall be construed
as subjecting any department, establishment, or other
instrumentality of the executive branch of the Federal Government
or the head thereof, or any function vested by law in or assigned
pursuant to law to any such agency or head, to the authority of any
other such agency or head or as abrogating, modifying, or
restricting any such function in any manner.
Sec. 302. Prior bodies and orders. The President's Council on
Recreation and Natural Beauty and the Citizens' Advisory Committee
on Recreation and Natural Beauty are hereby terminated and the
following are revoked:
(1) Executive Order No. 11278 of May 4, 1966.
(2) Executive Order No. 11359A of June 29, 1967.
(3) Executive Order No. 11402 of March 29, 1968.


TERMINATION OF CABINET COMMITTEE ON THE ENVIRONMENT
The Cabinet Committee on the Environment was terminated and its
functions transferred to the Domestic Council, see section 2(b) of
Ex. Ord. No. 11541, eff. July 1, 1970, 35 F.R. 10737, set out as a
note under section 501 of Title 31, Money and Finance.
The Domestic Council was abolished by Reorg. Plan No. 1 of 1977,
Sec. 3, 42 F.R. 56101, 91 Stat. 1633, set out in the Appendix to
Title 5, Government Organization and Employees, effective on or
before Apr. 1, 1978, at such time as specified by the President.
Section 5D of Reorg. Plan No. 1 of 1977 transferred all functions
vested in the Domestic Council to the President with power to
delegate the performance of such transferred functions within the
Executive Office of the President.

TERMINATION OF CITIZENS' ADVISORY COMMITTEE ON ENVIRONMENTAL
QUALITY
For provisions relating to termination of Citizens' Advisory
Committee on Environmental Quality see Ex. Ord. No. 12007, Aug. 22,
1977, 42 F.R. 42839, set out as a note under section 14 of the
Federal Advisory Committee Act in the Appendix to Title 5,
Government Organization and Employees.

EX. ORD. NO. 11514. PROTECTION AND ENHANCEMENT OF ENVIRONMENTAL
QUALITY
Ex. Ord. No. 11514, Mar. 5, 1970, 35 F.R. 4247, as amended by Ex.
Ord. No. 11991, May 24, 1977, 42 F.R. 26967, provided:
By virtue of the authority vested in me as President of the
United States and in furtherance of the purpose and policy of the
National Environmental Policy Act of 1969 (Public Law No. 91-190,
approved January 1, 1970) [this chapter], it is ordered as follows:
Section 1. Policy. The Federal Government shall provide
leadership in protecting and enhancing the quality of the Nation's
environment to sustain and enrich human life. Federal agencies
shall initiate measures needed to direct their policies, plans and
programs so as to meet national environmental goals. The Council on
Environmental Quality, through the Chairman, shall advise and
assist the President in leading this national effort.
Sec. 2. Responsibilities of Federal agencies. Consonant with
Title I of the National Environmental Policy Act of 1969 [42 U.S.C.
4331 et seq.], hereafter referred to as the "Act", the heads of
Federal agencies shall:
(a) Monitor, evaluate, and control on a continuing basis their
agencies' activities so as to protect and enhance the quality of
the environment. Such activities shall include those directed to
controlling pollution and enhancing the environment and those
designed to accomplish other program objectives which may affect
the quality of the environment. Agencies shall develop programs and
measures to protect and enhance environmental quality and shall
assess progress in meeting the specific objectives of such
activities. Heads of agencies shall consult with appropriate
Federal, State and local agencies in carrying out their activities
as they affect the quality of the environment.
(b) Develop procedures to ensure the fullest practicable
provision of timely public information and understanding of Federal
plans and programs with environmental impact in order to obtain the
views of interested parties. These procedures shall include,
whenever appropriate, provision for public hearings, and shall
provide the public with relevant information, including information
on alternative courses of action. Federal agencies shall also
encourage State and local agencies to adopt similar procedures for
informing the public concerning their activities affecting the
quality of the environment.
(c) Insure that information regarding existing or potential
environmental problems and control methods developed as part of
research, development, demonstration, test, or evaluation
activities is made available to Federal agencies, States, counties,
municipalities, institutions, and other entities, as appropriate.
(d) Review their agencies' statutory authority, administrative
regulations, policies, and procedures, including those relating to
loans, grants, contracts, leases, licenses, or permits, in order to
identify any deficiencies or inconsistencies therein which prohibit
or limit full compliance with the purposes and provisions of the
Act. A report on this review and the corrective actions taken or
planned, including such measures to be proposed to the President as
may be necessary to bring their authority and policies into
conformance with the intent, purposes, and procedures of the Act,
shall be provided to the Council on Environmental Quality not later
than September 1, 1970.
(e) Engage in exchange of data and research results, and
cooperate with agencies of other governments to foster the purposes
of the Act.
(f) Proceed, in coordination with other agencies, with actions
required by section 102 of the Act [42 U.S.C. 4332].
(g) In carrying out their responsibilities under the Act and this
Order, comply with the regulations issued by the Council except
where such compliance would be inconsistent with statutory
requirements.
Sec. 3. Responsibilities of Council on Environmental Quality. The
Council on Environmental Quality shall:
(a) Evaluate existing and proposed policies and activities of the
Federal Government directed to the control of pollution and the
enhancement of the environment and to the accomplishment of other
objectives which affect the quality of the environment. This shall
include continuing review of procedures employed in the development
and enforcement of Federal standards affecting environmental
quality. Based upon such evaluations the Council shall, where
appropriate, recommend to the President policies and programs to
achieve more effective protection and enhancement of environmental
quality and shall, where appropriate, seek resolution of
significant environmental issues.
(b) Recommend to the President and to the agencies priorities
among programs designed for the control of pollution and for
enhancement of the environment.
(c) Determine the need for new policies and programs for dealing
with environmental problems not being adequately addressed.
(d) Conduct, as it determines to be appropriate, public hearings
or conferences on issues of environmental significance.
(e) Promote the development and use of indices and monitoring
systems (1) to assess environmental conditions and trends, (2) to
predict the environmental impact of proposed public and private
actions, and (3) to determine the effectiveness of programs for
protecting and enhancing environmental quality.
(f) Coordinate Federal programs related to environmental quality.
(g) Advise and assist the President and the agencies in achieving
international cooperation for dealing with environmental problems,
under the foreign policy guidance of the Secretary of State.
(h) Issue regulations to Federal agencies for the implementation
of the procedural provisions of the Act (42 U.S.C. 4332(2)). Such
regulations shall be developed after consultation with affected
agencies and after such public hearings as may be appropriate. They
will be designed to make the environmental impact statement process
more useful to decisionmakers and the public; and to reduce
paperwork and the accumulation of extraneous background data, in
order to emphasize the need to focus on real environmental issues
and alternatives. They will require impact statements to be
concise, clear, and to the point, and supported by evidence that
agencies have made the necessary environmental analyses. The
Council shall include in its regulations procedures (1) for the
early preparation of environmental impact statements, and (2) for
the referral to the Council of conflicts between agencies
concerning the implementation of the National Environmental Policy
Act of 1969, as amended [this chapter], and Section 309 of the
Clean Air Act, as amended [42 U.S.C. 7609], for the Council's
recommendation as to their prompt resolution.
(i) Issue such other instructions to agencies, and request such
reports and other information from them, as may be required to
carry out the Council's responsibilities under the Act.
(j) Assist the President in preparing the annual Environmental
Quality Report provided for in section 201 of the Act [42 U.S.C.
4341].
(k) Foster investigations, studies, surveys, research, and
analyses relating to (i) ecological systems and environmental
quality, (ii) the impact of new and changing technologies thereon,
and (iii) means of preventing or reducing adverse effects from such
technologies.
Sec. 4. Amendments of E.O. 11472. Executive Order No. 11472 of
May 29, 1969, including the heading thereof, is hereby amended:
(1) By substituting for the term "the Environmental Quality
Council", wherever it occurs, the following: "the Cabinet Committee
on the Environment".
(2) By substituting for the term "the Council", wherever it
occurs, the following: "the Cabinet Committee".
(3) By inserting in subsection (f) of section 101, after
"Budget,", the following: "the Director of the Office of Science
and Technology,".
(4) By substituting for subsection (g) of section 101 the
following:
"(g) The Chairman of the Council on Environmental Quality
(established by Public Law 91-190) [this chapter] shall assist the
President in directing the affairs of the Cabinet Committee."
(5) By deleting subsection (c) of section 102.
(6) By substituting for "the Office of Science and Technology",
in section 104, the following: "the Council on Environmental
Quality (established by Public Law 91-190) [this chapter]".
(7) By substituting for "(hereinafter referred to as the
'Committee')", in section 201, the following: "(hereinafter
referred to as the 'Citizens' Committee')".
(8) By substituting for the term "the Committee", wherever it
occurs, the following: "the Citizens' Committee".

EX. ORD. NO. 11523. NATIONAL INDUSTRIAL POLLUTION CONTROL COUNCIL
Ex. Ord. No. 11523, eff. Apr. 9, 1970, 35 F.R. 5993, provided:
By virtue of the authority vested in me as President of the
United States, and in furtherance of the purpose and policy of the
National Environmental Policy Act of 1969 (Public Law 91-190,
approved January 1, 1970) [this chapter], it is ordered as follows:
Section 1. Establishment of the Council. (a) There is hereby
established the National Industrial Pollution Control Council
(hereinafter referred to as "the Industrial Council") which shall
be composed of a Chairman, a Vice-chairman, and other
representatives of business and industry appointed by the Secretary
of Commerce (hereinafter referred to as "the Secretary").
(b) The Secretary, with the concurrence of the Chairman, shall
appoint an Executive Director of the Industrial Council.
Sec. 2. Functions of the Industrial Council. The Industrial
Council shall advise the President and the Chairman of the Council
on Environmental Quality, through the Secretary, on programs of
industry relating to the quality of the environment. In particular,
the Industrial Council may -
(1) Survey and evaluate the plans and actions of industry in the
field of environmental quality.
(2) Identify and examine problems of the effects on the
environment of industrial practices and the needs of industry for
improvements in the quality of the environment, and recommend
solutions to those problems.
(3) Provide liaison among members of the business and industrial
community on environmental quality matters.
(4) Encourage the business and industrial community to improve
the quality of the environment.
(5) Advise on plans and actions of Federal, State, and local
agencies involving environmental quality policies affecting
industry which are referred to it by the Secretary, or by the
Chairman of the Council on Environmental Quality through the
Secretary.
Sec. 3. Subordinate Committees. The Industrial Council may
establish, with the concurrence of the Secretary, such subordinate
committees as it may deem appropriate to assist in the performance
of its functions. Each subordinate committee shall be headed by a
chairman appointed by the Chairman of the Industrial Council with
the concurrence of the Secretary.
Sec. 4. Assistance for the Industrial Council. In compliance with
applicable law, and as necessary to serve the purposes of this
order, the Secretary shall provide or arrange for administrative
and staff services, support, and facilities for the Industrial
Council and any of its subordinate committees.
Sec. 5. Expenses. Members of the Industrial Council or any of its
subordinate committees shall receive no compensation from the
United States by reason of their services hereunder, but may be
allowed travel expenses, including per diem in lieu of subsistence,
as authorized by law (5 U.S.C. 5703) for persons in the Government
service employed intermittently.
Sec. 6. Regulations. The provisions of Executive Order No. 11007
of February 26, 1962 (3 CFR 573) [see 5 U.S.C. 901 note]
prescribing regulations for the formation and use of advisory
committees, are hereby made applicable to the Industrial Council
and each of its subordinate committees. The Secretary may exercise
the discretionary powers set forth in that order.
Sec. 7. Construction. Nothing in this order shall be construed as
subjecting any Federal agency, or any function vested by law in, or
assigned pursuant to law to, any Federal agency to the authority of
any other Federal agency or of the Industrial Council or of any of
its subordinate committees, or as abrogating or restricting any
such function in any manner.
Richard Nixon.

EXECUTIVE ORDER NO. 11643
Ex. Ord. No. 11643, eff. Feb. 8, 1972, 37 F.R. 2875, as amended
by Ex. Ord. No. 11870, eff. July 18, 1975, 40 F.R. 30611; Ex. Ord.
No. 11917, eff. May 28, 1976, 41 F.R. 22239, which related to
environmental safeguards on activities for animal damage control on
Federal lands, was revoked by Ex. Ord. No. 12342, Jan. 27, 1982, 47
F.R. 4223.

EX. ORD. NO. 11644. USE OF OFF-ROAD VEHICLES ON PUBLIC LANDS
Ex. Ord. No. 11644, Feb. 8, 1972, 37 F.R. 2877, as amended by Ex.
Ord. No. 11989, May 24, 1977, 42 F.R. 26959; Ex. Ord. No. 12608,
Sept. 9, 1987, 52 F.R. 34617, provided:
An estimated 5 million off-road recreational vehicles -
motorcycles, minibikes, trail bikes, snowmobiles, dunebuggies,
all-terrain vehicles, and others - are in use in the United States
today, and their popularity continues to increase rapidly. The
widespread use of such vehicles on the public lands - often for
legitimate purposes but also in frequent conflict with wise land
and resource management practices, environmental values, and other
types of recreational activity - has demonstrated the need for a
unified Federal policy toward the use of such vehicles on the
public lands.
NOW, THEREFORE, by virtue of the authority vested in me as
President of the United States by the Constitution of the United
States and in furtherance of the purpose and policy of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321), it is hereby
ordered as follows:
Section 1. Purpose. It is the purpose of this order to establish
policies and provide for procedures that will ensure that the use
of off-road vehicles on public lands will be controlled and
directed so as to protect the resources of those lands, to promote
the safety of all users of those lands, and to minimize conflicts
among the various uses of those lands.
Sec. 2. Definitions. As used in this order, the term:
(1) "public lands" means (A) all lands under the custody and
control of the Secretary of the Interior and the Secretary of
Agriculture, except Indian lands, (B) lands under the custody and
control of the Tennessee Valley Authority that are situated in
western Kentucky and Tennessee and are designated as "Land Between
the Lakes," and (C) lands under the custody and control of the
Secretary of Defense;
(2) "respective agency head" means the Secretary of the Interior,
the Secretary of Defense, the Secretary of Agriculture, and the
Board of Directors of the Tennessee Valley Authority, with respect
to public lands under the custody and control of each;
(3) "off-road vehicle" means any motorized vehicle designed for
or capable of cross-country travel on or immediately over land,
water, sand, snow, ice, marsh, swampland, or other natural terrain;
except that such term excludes (A) any registered motorboat, (B)
any fire, military, emergency or law enforcement vehicle when used
for emergency purposes, and any combat or combat support vehicle
when used for national defense purposes, and (C) any vehicle whose
use is expressly authorized by the respective agency head under a
permit, lease, license, or contract; and
(4) "official use" means use by an employee, agent, or designated
representative of the Federal Government or one of its contractors
in the course of his employment, agency, or representation.
Sec. 3. Zones of Use. (a) Each respective agency head shall
develop and issue regulations and administrative instructions,
within six months of the date of this order, to provide for
administrative designation of the specific areas and trails on
public lands on which the use of off-road vehicles may be
permitted, and areas in which the use of off-road vehicles may not
be permitted, and set a date by which such designation of all
public lands shall be completed. Those regulations shall direct
that the designation of such areas and trails will be based upon
the protection of the resources of the public lands, promotion of
the safety of all users of those lands, and minimization of
conflicts among the various uses of those lands. The regulations
shall further require that the designation of such areas and trails
shall be in accordance with the following -
(1) Areas and trails shall be located to minimize damage to soil,
watershed, vegetation, or other resources of the public lands.
(2) Areas and trails shall be located to minimize harassment of
wildlife or significant disruption of wildlife habitats.
(3) Areas and trails shall be located to minimize conflicts
between off-road vehicle use and other existing or proposed
recreational uses of the same or neighboring public lands, and to
ensure the compatibility of such uses with existing conditions in
populated areas, taking into account noise and other factors.
(4) Areas and trails shall not be located in officially
designated Wilderness Areas or Primitive Areas. Areas and trails
shall be located in areas of the National Park system, Natural
Areas, or National Wildlife Refuges and Game Ranges only if the
respective agency head determines that off-road vehicle use in such
locations will not adversely affect their natural, aesthetic, or
scenic values.
(b) The respective agency head shall ensure adequate opportunity
for public participation in the promulgation of such regulations
and in the designation of areas and trails under this section.
(c) The limitations on off-road vehicle use imposed under this
section shall not apply to official use.
Sec. 4. Operating Conditions. Each respective agency head shall
develop and publish, within one year of the date of this order,
regulations prescribing operating conditions for off-road vehicles
on the public lands. These regulations shall be directed at
protecting resource values, preserving public health, safety, and
welfare, and minimizing use conflicts.
Sec. 5. Public Information. The respective agency head shall
ensure that areas and trails where off-road vehicle use is
permitted are well marked and shall provide for the publication and
distribution of information, including maps, describing such areas
and trails and explaining the conditions on vehicle use. He shall
seek cooperation of relevant State agencies in the dissemination of
this information.
Sec. 6. Enforcement. The respective agency head shall, where
authorized by law, prescribe appropriate penalties for violation of
regulations adopted pursuant to this order, and shall establish
procedures for the enforcement of those regulations. To the extent
permitted by law, he may enter into agreements with State or local
governmental agencies for cooperative enforcement of laws and
regulations relating to off-road vehicle use.
Sec. 7. Consultation. Before issuing the regulations or
administrative instructions required by this order or designating
areas or trails are required by this order and those regulations
and administrative instructions, the Secretary of the Interior
shall, as appropriate, consult with the Secretary of Energy and the
Nuclear Regulatory Commission.
Sec. 8. Monitoring of Effects and Review. (a) The respective
agency head shall monitor the effects of the use of off-road
vehicles on lands under their jurisdictions. On the basis of the
information gathered, they shall from time to time amend or rescind
designation of areas or other actions taken pursuant to this order
as necessary to further the policy of this order.
(b) The Council on Environmental Quality shall maintain a
continuing review of the implementation of this order.
Sec. 9. Special Protection of the Public Lands. (a)
Notwithstanding the provisions of Section 3 of this Order, the
respective agency head shall, whenever he determines that the use
of off-road vehicles will cause or is causing considerable adverse
effects on the soil, vegetation, wildlife, wildlife habitat or
cultural or historic resources of particular areas or trails of the
public lands, immediately close such areas or trails to the type of
off-road vehicle causing such effects, until such time as he
determines that such adverse effects have been eliminated and that
measures have been implemented to prevent future recurrence.
(b) Each respective agency head is authorized to adopt the policy
that portions of the public lands within his jurisdiction shall be
closed to use by off-road vehicles except those areas or trails
which are suitable and specifically designated as open to such use
pursuant to Section 3 of this Order.

EXECUTIVE ORDER NO. 11987
Ex. Ord. No. 11987, May 24, 1977, 42 F.R. 26949, which directed
executive agencies, and encouraged States, local governments, and
private citizens, to restrict the introduction of exotic species
into the natural ecosystems on lands and waters under their
control, and which directed executive agencies to restrict the
exportation of native species for introduction of such species into
ecosystems outside the United States where they do not naturally
occur, unless such introduction or exportation was found not to
have an adverse effect on natural ecosystems, was revoked by Ex.
Ord. No. 13112, Sec. 6(b), Feb. 3, 1999, 64 F.R. 6186, set out
below.

EX. ORD. NO. 11988. FLOODPLAIN MANAGEMENT
Ex. Ord. No. 11988, May 24, 1977, 42 F.R. 26951, as amended by
Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43239, provided:
By virtue of the authority vested in me by the Constitution and
statutes of the United States of America, and as President of the
United States of America, in furtherance of the National
Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et
seq.), the National Flood Insurance Act of 1968, as amended (42
U.S.C. 4001 et seq.), and the Flood Disaster Protection Act of 1973
(Public Law 93-234, 87 Stat. 975) [see Short Title of 1973
Amendment note set out under 42 U.S.C. 4001], in order to avoid to
the extent possible the long and short term adverse impacts
associated with the occupancy and modification of floodplains and
to avoid direct or indirect support of floodplain development
wherever there is a practicable alternative, it is hereby ordered
as follows:
Section 1. Each agency shall provide leadership and shall take
action to reduce the risk of flood loss, to minimize the impact of
floods on human safety, health and welfare, and to restore and
preserve the natural and beneficial values served by floodplains in
carrying out its responsibilities for (1) acquiring, managing, and
disposing of Federal lands and facilities; (2) providing Federally
undertaken, financed, or assisted construction and improvements;
and (3) conducting Federal activities and programs affecting land
use, including but not limited to water and related land resources
planning, regulating, and licensing activities.
Sec. 2. In carrying out the activities described in Section 1 of
this Order, each agency has a responsibility to evaluate the
potential effects of any actions it may take in a floodplain; to
ensure that its planning programs and budget requests reflect
consideration of flood hazards and floodplain management; and to
prescribe procedures to implement the policies and requirements of
this Order, as follows:
(a)(1) Before taking an action, each agency shall determine
whether the proposed action will occur in a floodplain - for major
Federal actions significantly affecting the quality of the human
environment, the evaluation required below will be included in any
statement prepared under Section 102(2)(C) of the National
Environmental Policy Act [42 U.S.C. 4332(2)(C)]. This determination
shall be made according to a Department of Housing and Urban
Development (HUD) floodplain map or a more detailed map of an area,
if available. If such maps are not available, the agency shall make
a determination of the location of the floodplain based on the best
available information. The Water Resources Council shall issue
guidance on this information not later than October 1, 1977.
(2) If an agency has determined to, or proposes to, conduct,
support, or allow an action to be located in a floodplain, the
agency shall consider alternatives to avoid adverse effects and
incompatible development in the floodplains. If the head of the
agency finds that the only practicable alternative consistent with
the law and with the policy set forth in this Order requires siting
in a floodplain, the agency shall, prior to taking action, (i)
design or modify its action in order to minimize potential harm to
or within the floodplain, consistent with regulations issued in
accord with Section 2(d) of this Order, and (ii) prepare and
circulate a notice containing an explanation of why the action is
proposed to be located in the floodplain.
(3) For programs subject to the Office of Management and Budget
Circular A-95, the agency shall send the notice, not to exceed
three pages in length including a location map, to the state and
areawide A-95 clearinghouses for the geographic areas affected. The
notice shall include: (i) the reasons why the action is proposed to
be located in a floodplain; (ii) a statement indicating whether the
action conforms to applicable state or local floodplain protection
standards and (iii) a list of the alternatives considered. Agencies
shall endeavor to allow a brief comment period prior to taking any
action.
(4) Each agency shall also provide opportunity for early public
review of any plans or proposals for actions in floodplains, in
accordance with Section 2(b) of Executive Order No. 11514, as
amended [set out above], including the development of procedures to
accomplish this objective for Federal actions whose impact is not
significant enough to require the preparation of an environmental
impact statement under Section 102(2)(C) of the National
Environmental Policy Act of 1969, as amended [42 U.S.C.
4332(2)(C)].
(b) Any requests for new authorizations or appropriations
transmitted to the Office of Management and Budget shall indicate,
if an action to be proposed will be located in a floodplain,
whether the proposed action is in accord with this Order.
(c) Each agency shall take floodplain management into account
when formulating or evaluating any water and land use plans and
shall require land and water resources use appropriate to the
degree of hazard involved. Agencies shall include adequate
provision for the evaluation and consideration of flood hazards in
the regulations and operating procedures for the licenses, permits,
loan or grants-in-aid programs that they administer. Agencies shall
also encourage and provide appropriate guidance to applicants to
evaluate the effects of their proposals in floodplains prior to
submitting applications for Federal licenses, permits, loans or
grants.
(d) As allowed by law, each agency shall issue or amend existing
regulations and procedures within one year to comply with this
Order. These procedures shall incorporate the Unified National
Program for Floodplain Management of the Water Resources Council,
and shall explain the means that the agency will employ to pursue
the nonhazardous use of riverine, coastal and other floodplains in
connection with the activities under its authority. To the extent
possible, existing processes, such as those of the Council on
Environmental Quality and the Water Resources Council, shall be
utilized to fulfill the requirements of this Order. Agencies shall
prepare their procedures in consultation with the Water Resources
Council, the Director of the Federal Emergency Management Agency, (continued)