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(continued)
and the Council on Environmental Quality, and shall update such
procedures as necessary.
Sec. 3. In addition to the requirements of Section 2, agencies
with responsibilities for Federal real property and facilities
shall take the following measures:
(a) The regulations and procedures established under Section 2(d)
of this Order shall, at a minimum, require the construction of
Federal structures and facilities to be in accordance with the
standards and criteria and to be consistent with the intent of
those promulgated under the National Flood Insurance Program. They
shall deviate only to the extent that the standards of the Flood
Insurance Program are demonstrably inappropriate for a given type
of structure or facility.
(b) If, after compliance with the requirements of this Order, new
construction of structures or facilities are to be located in a
floodplain, accepted floodproofing and other flood protection
measures shall be applied to new construction or rehabilitation. To
achieve flood protection, agencies shall, wherever practicable,
elevate structures above the base flood level rather than filling
in land.
(c) If property used by the general public has suffered flood
damage or is located in an identified flood hazard area, the
responsible agency shall provide on structures, and other places
where appropriate, conspicuous delineation of past and probable
flood height in order to enhance public awareness of and knowledge
about flood hazards.
(d) When property in floodplains is proposed for lease, easement,
right-of-way, or disposal to non-Federal public or private parties,
the Federal agency shall (1) reference in the conveyance those uses
that are restricted under identified Federal, State or local
floodplain regulations; and (2) attach other appropriate
restrictions to the uses of properties by the grantee or purchaser
and any successors, except where prohibited by law; or (3) withhold
such properties from conveyance.
Sec. 4. In addition to any responsibilities under this Order and
Sections 202 and 205 of the Flood Disaster Protection Act of 1973,
as amended (42 U.S.C. 4106 and 4128), agencies which guarantee,
approve, regulate, or insure any financial transaction which is
related to an area located in a floodplain shall, prior to
completing action on such transaction, inform any private parties
participating in the transaction of the hazards of locating
structures in the floodplain.
Sec. 5. The head of each agency shall submit a report to the
Council on Environmental Quality and to the Water Resources Council
on June 30, 1978, regarding the status of their procedures and the
impact of this Order on the agency's operations. Thereafter, the
Water Resources Council shall periodically evaluate agency
procedures and their effectiveness.
Sec. 6. As used in this Order:
(a) The term "agency" shall have the same meaning as the term
"Executive agency" in Section 105 of Title 5 of the United States
Code and shall include the military departments; the directives
contained in this Order, however, are meant to apply only to those
agencies which perform the activities described in Section 1 which
are located in or affecting floodplains.
(b) The term "base flood" shall mean that flood which has a one
percent or greater chance of occurrence in any given year.
(c) The term "floodplain" shall mean the lowland and relatively
flat areas adjoining inland and coastal waters including floodprone
areas of offshore islands, including at a minimum, that area
subject to a one percent or greater chance of flooding in any given
year.
Sec. 7. Executive Order No. 11296 of August 10, 1966, is hereby
revoked. All actions, procedures, and issuances taken under that
Order and still in effect shall remain in effect until modified by
appropriate authority under the terms of this Order.
Sec. 8. Nothing in this Order shall apply to assistance provided
for emergency work essential to save lives and protect property and
public health and safety, performed pursuant to Sections 305 and
306 of the Disaster Relief Act of 1974 (88 Stat. 148, 42 U.S.C.
5145 and 5146).
Sec. 9. To the extent the provisions of Section 2(a) of this
Order are applicable to projects covered by Section 104(h) of the
Housing and Community Development Act of 1974, as amended (88 Stat.
640, 42 U.S.C. 5304(h)), the responsibilities under those
provisions may be assumed by the appropriate applicant, if the
applicant has also assumed, with respect to such projects, all of
the responsibilities for environmental review, decisionmaking, and
action pursuant to the National Environmental Policy Act of 1969,
as amended [42 U.S.C. 4321].
Jimmy Carter.

EX. ORD. NO. 11990. PROTECTION OF WETLANDS
Ex. Ord. No. 11990, May 24, 1977, 42 F.R. 26961, as amended by
Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, 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.), in order to avoid to the extent possible the long and short
term adverse impacts associated with the destruction or
modification of wetlands and to avoid direct or indirect support of
new construction in wetlands wherever there is a practicable
alternative, it is hereby ordered as follows:
Section 1. (a) Each agency shall provide leadership and shall
take action to minimize the destruction, loss or degradation of
wetlands, and to preserve and enhance the natural and beneficial
values of wetlands in carrying out the agency's responsibilities
for (1) acquiring, managing, and disposing of Federal lands and
facilities; and (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.
(b) This Order does not apply to the issuance by Federal agencies
of permits, licenses, or allocations to private parties for
activities involving wetlands on non-Federal property.
Sec. 2. (a) In furtherance of Section 101(b)(3) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4331(b)(3)) to improve
and coordinate Federal plans, functions, programs and resources to
the end that the Nation may attain the widest range of beneficial
uses of the environment without degradation and risk to health or
safety, each agency, to the extent permitted by law, shall avoid
undertaking or providing assistance for new construction located in
wetlands unless the head of the agency finds (1) that there is no
practicable alternative to such construction, and (2) that the
proposed action includes all practicable measures to minimize harm
to wetlands which may result from such use. In making this finding
the head of the agency may take into account economic,
environmental and other pertinent factors.
(b) Each agency shall also provide opportunity for early public
review of any plans or proposals for new construction in wetlands,
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)].
Sec. 3. 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 wetlands, whether
the proposed action is in accord with this Order.
Sec. 4. When Federally-owned wetlands or portions of wetlands are
proposed for lease, easement, right-of-way or disposal to
non-Federal public or private parties, the Federal agency shall (a)
reference in the conveyance those uses that are restricted under
identified Federal, State or local wetlands regulations; and (b)
attach other appropriate restrictions to the uses of properties by
the grantee or purchaser and any successor, except where prohibited
by law; or (c) withhold such properties from disposal.
Sec. 5. In carrying out the activities described in Section 1 of
this Order, each agency shall consider factors relevant to a
proposal's effect on the survival and quality of the wetlands.
Among these factors are:
(a) public health, safety, and welfare, including water supply,
quality, recharge and discharge; pollution; flood and storm
hazards; and sediment and erosion;
(b) maintenance of natural systems, including conservation and
long term productivity of existing flora and fauna, species and
habitat diversity and stability, hydrologic utility, fish,
wildlife, timber, and food and fiber resources; and
(c) other uses of wetlands in the public interest, including
recreational, scientific, and cultural uses.
Sec. 6. As allowed by law, agencies shall issue or amend their
existing procedures in order to comply with this Order. To the
extent possible, existing processes, such as those of the Council
on Environmental Quality, shall be utilized to fulfill the
requirements of this Order.
Sec. 7. As used in this Order:
(a) The term "agency" shall have the same meaning as the term
"Executive agency" in Section 105 of Title 5 of the United States
Code and shall include the military departments; the directives
contained in this Order, however, are meant to apply only to those
agencies which perform the activities described in Section 1 which
are located in or affecting wetlands.
(b) The term "new construction" shall include draining, dredging,
channelizing, filling, diking, impounding, and related activities
and any structures or facilities begun or authorized after the
effective date of this Order.
(c) The term "wetlands" means those areas that are inundated by
surface or ground water with a frequency sufficient to support and
under normal circumstances does or would support a prevalence of
vegetative or aquatic life that requires saturated or seasonally
saturated soil conditions for growth and reproduction. Wetlands
generally include swamps, marshes, bogs, and similar areas such as
sloughs, potholes, wet meadows, river overflows, mud flats, and
natural ponds.
Sec. 8. This Order does not apply to projects presently under
construction, or to projects for which all of the funds have been
appropriated through Fiscal Year 1977, or to projects and programs
for which a draft or final environmental impact statement will be
filed prior to October 1, 1977. The provisions of Section 2 of this
Order shall be implemented by each agency not later than October 1,
1977.
Sec. 9. Nothing in this Order shall apply to assistance provided
for emergency work, essential to save lives and protect property
and public health and safety, performed pursuant to Sections 305
and 306 of the Disaster Relief Act of 1974 (88 Stat. 148, 42 U.S.C.
5145 and 5146).
Sec. 10. To the extent the provisions of Sections 2 and 5 of this
Order are applicable to projects covered by Section 104(h) of the
Housing and Community Development Act of 1974, as amended (88 Stat.
640, 42 U.S.C. 5304(h)), the responsibilities under those
provisions may be assumed by the appropriate applicant, if the
applicant has also assumed, with respect to such projects, all of
the responsibilities for environmental review, decisionmaking, and
action pursuant to the National Environmental Policy Act of 1969,
as amended [42 U.S.C. 4321 et seq.].

EX. ORD. NO. 12088. FEDERAL COMPLIANCE WITH POLLUTION CONTROL
STANDARDS
Ex. Ord. No. 12088, Oct. 13, 1978, 43 F.R. 47707, as amended by
Ex. Ord. No. 12580, Jan. 23, 1987, 52 F.R. 2928; Ex. Ord. No.
13148, Sec. 901, Apr. 21, 2000, 65 F.R. 24604, provided:
By the authority vested in me as President by the Constitution
and statutes of the United States of America, including Section 22
of the Toxic Substances Control Act (15 U.S.C. 2621), Section 313
of the Federal Water Pollution Control Act, as amended (33 U.S.C.
1323), Section 1447 of the Public Health Service Act, as amended by
the Safe Drinking Water Act [now Safe Drinking Water Act of 1974]
(42 U.S.C. 300j-6), Section 118 of the Clean Air Act, as amended
(42 U.S.C. 7418(b)), Section 4 of the Noise Control Act of 1972 (42
U.S.C. 4903), Section 6001 of the Solid Waste Disposal Act, as
amended (42 U.S.C. 6961), and Section 301 of Title 3 of the United
States Code, and to ensure Federal compliance with applicable
pollution control standards, it is hereby ordered as follows:

1-1. APPLICABILITY OF POLLUTION CONTROL STANDARDS
1-101. The head of each Executive agency is responsible for
ensuring that all necessary actions are taken for the prevention,
control, and abatement of environmental pollution with respect to
Federal facilities and activities under the control of the agency.
1-102. The head of each Executive agency is responsible for
compliance with applicable pollution control standards, including
those established pursuant to, but not limited to, the following:
(a) Toxic Substances Control Act (15 U.S.C. 2601 et seq.).
(b) Federal Water Pollution Control Act, as amended (33 U.S.C.
1251 et seq.).
(c) Public Health Service Act, as amended by the Safe Drinking
Water Act [now Safe Drinking Water Act of 1974] (42 U.S.C. 300f et
seq.).
(d) Clean Air Act, as amended (42 U.S.C. 7401 et seq.).
(e) Noise Control Act of 1972 (42 U.S.C. 4901 et seq.).
(f) Solid Waste Disposal Act, as amended (42 U.S.C. 6901 et
seq.).
(g) Radiation guidance pursuant to Section 274(h) of the Atomic
Energy Act of 1954, as amended (42 U.S.C. 2021(h); see also, the
Radiation Protection Guidance to Federal Agencies for Diagnostic X
Rays approved by the President on January 26, 1978 and published at
page 4377 of the Federal Register on February 1, 1978).
(h) Marine Protection, Research, and Sanctuaries Act of 1972, as
amended (33 U.S.C. 1401, 1402, 1411-1421, 1441-1444 and 16 U.S.C.
1431-1434) [16 U.S.C. 1431 et seq., 1447 et seq.; 33 U.S.C. 1401 et
seq., 2801 et seq.].
(i) Federal Insecticide, Fungicide, and Rodenticide Act, as
amended (7 U.S.C. 136 et seq.).
1-103. "Applicable pollution control standards" means the same
substantive, procedural, and other requirements that would apply to
a private person.

1-2. AGENCY COORDINATION
1-201. Each Executive agency shall cooperate with the
Administrator of the Environmental Protection Agency, hereinafter
referred to as the Administrator, and State, interstate, and local
agencies in the prevention, control, and abatement of environmental
pollution.
1-202. Each Executive agency shall consult with the Administrator
and with State, interstate, and local agencies concerning the best
techniques and methods available for the prevention, control, and
abatement of environmental pollution.

1-3. TECHNICAL ADVICE AND OVERSIGHT
1-301. The Administrator shall provide technical advice and
assistance to Executive agencies in order to ensure their cost
effective and timely compliance with applicable pollution control
standards.
1-302. The administrator shall conduct such reviews and
inspections as may be necessary to monitor compliance with
applicable pollution control standards by Federal facilities and
activities.

1-4. POLLUTION CONTROL PLAN
[Revoked by Ex. Ord. No. 13148, Sec. 901, Apr. 21, 2000, 65 F.R.
24604.]

1-5. FUNDING
1-501. The head of each Executive agency shall ensure that
sufficient funds for compliance with applicable pollution control
standards are requested in the agency budget.
1-502. The head of each Executive agency shall ensure that funds
appropriated and apportioned for the prevention, control and
abatement of environmental pollution are not used for any other
purpose unless permitted by law and specifically approved by the
Office of Management and Budget.

1-6. COMPLIANCE WITH POLLUTION CONTROLS
1-601. Whenever the Administrator or the appropriate State,
interstate, or local agency notifies an Executive agency that it is
in violation of an applicable pollution control standard (see
Section 1-102 of this Order), the Executive agency shall promptly
consult with the notifying agency and provide for its approval a
plan to achieve and maintain compliance with the applicable
pollution control standard. This plan shall include an
implementation schedule for coming into compliance as soon as
practicable.
1-602. The Administrator shall make every effort to resolve
conflicts regarding such violation between Executive agencies and,
on request of any party, such conflicts between an Executive agency
and a State, interstate, or a local agency. If the Administrator
cannot resolve a conflict, the Administrator shall request the
Director of the Office of Management and Budget to resolve the
conflict.
1-603. The Director of the Office of Management and Budget shall
consider unresolved conflicts at the request of the Administrator.
The Director shall seek the Administrator's technological judgment
and determination with regard to the applicability of statues and
regulations.
1-604. These conflict resolution procedures are in addition to,
not in lieu of, other procedures, including sanctions, for the
enforcement of applicable pollution control standards.
1-605. Except as expressly provided by a Presidential exemption
under this Order, nothing in this Order, nor any action or inaction
under this Order, shall be construed to revise or modify any
applicable pollution control standard.

1-7. LIMITATION ON EXEMPTIONS
1-701. Exemptions from applicable pollution control standards may
only be granted under statues cited in Section 1-102(a) through
1-102(f) if the President makes the required appropriate statutory
determination: that such exemption is necessary (a) in the interest
of national security, or (b) in the paramount interest of the
United States.
1-702. The head of an Executive agency may, from time to time,
recommend to the President through the Director of the Office of
Management and Budget, that an activity or facility, or uses
thereof, be exempt from an applicable pollution control standard.
1-703. The Administrator shall advise the President, through the
Director of the Office of Management and Budget, whether he agrees
or disagrees with a recommendation for exemption and his reasons
therefor.
1-704. The Director of the Office of Management and Budget must
advise the President within sixty days of receipt of the
Administrator's views.

1-8. GENERAL PROVISIONS
1-801. The head of each Executive agency that is responsible for
the construction or operation of Federal facilities outside the
United States shall ensure that such construction or operation
complies with the environmental pollution control standards of
general applicability in the host country or jurisdiction.
1-802. Nothing in this Order shall create any right or benefit,
substantive or procedural, enforceable at law by a party against
the United States, its agencies, its officers, or any person.
1-803. Executive Order No. 11752 of December 17, 1973, is
revoked.

EX. ORD. NO. 12114. ENVIRONMENTAL EFFECTS ABROAD OF MAJOR FEDERAL
ACTIONS
Ex. Ord. No. 12114, Jan. 4, 1979, 44 F.R. 1957, provided:
By virtue of the authority vested in me by the Constitution and
the laws of the United States, and as President of the United
States, in order to further environmental objectives consistent
with the foreign policy and national security policy of the United
States, it is ordered as follows:

SECTION 1
1-1. Purpose and Scope. The purpose of this Executive Order is to
enable responsible officials of Federal agencies having ultimate
responsibility for authorizing and approving actions encompassed by
this Order to be informed of pertinent environmental considerations
and to take such considerations into account, with other pertinent
considerations of national policy, in making decisions regarding
such actions. While based on independent authority, this Order
furthers the purpose of the National Environmental Policy Act [42
U.S.C. 4321 et seq.] and the Marine Protection Research and
Sanctuaries Act [16 U.S.C. 1431 et seq. and 33 U.S.C. 1401 et seq.]
and the Deepwater Port Act [33 U.S.C. 1501 et seq.] consistent with
the foreign policy and national security policy of the United
States, and represents the United States government's exclusive and
complete determination of the procedural and other actions to be
taken by Federal agencies to further the purpose of the National
Environmental Policy Act, with respect to the environment outside
the United States, its territories and possessions.

SECTION 2
2-1. Agency Procedures. Every Federal agency taking major Federal
actions encompassed hereby and not exempted herefrom having
significant effects on the environment outside the geographical
borders of the United States and its territories and possessions
shall within eight months after the effective date of this Order
have in effect procedures to implement this Order. Agencies shall
consult with the Department of State and the Council on
Environmental Quality concerning such procedures prior to placing
them in effect.
2-2. Information Exchange. To assist in effectuating the
foregoing purpose, the Department of State and the Council on
Environmental Quality in collaboration with other interested
Federal agencies and other nations shall conduct a program for
exchange on a continuing basis of information concerning the
environment. The objectives of this program shall be to provide
information for use by decisionmakers, to heighten awareness of and
interest in environmental concerns and, as appropriate, to
facilitate environmental cooperation with foreign nations.
2-3. Actions Included. Agencies in their procedures under Section
2-1 shall establish procedures by which their officers having
ultimate responsibility for authorizing and approving actions in
one of the following categories encompassed by this Order, take
into consideration in making decisions concerning such actions, a
document described in Section 2-4(a):
(a) major Federal actions significantly affecting the environment
of the global commons outside the jurisdiction of any nation (e.g.,
the oceans or Antarctica);
(b) major Federal actions significantly affecting the environment
of a foreign nation not participating with the United States and
not otherwise involved in the action;
(c) major Federal actions significantly affecting the environment
of a foreign nation which provide to that nation:
(1) a product, or physical project producing a principal product
or an emission or effluent, which is prohibited or strictly
regulated by Federal law in the United States because its toxic
effects on the environment create a serious public health risk; or
(2) a physical project which in the United States is prohibited
or strictly regulated by Federal law to protect the environment
against radioactive substances.
(d) major Federal actions outside the United States, its
territories and possessions which significantly affect natural or
ecological resources of global importance designated for protection
under this subsection by the President, or, in the case of such a
resource protected by international agreement binding on the United
States, by the Secretary of State. Recommendations to the President
under this subsection shall be accompanied by the views of the
Council on Environmental Quality and the Secretary of State.
2-4. Applicable Procedures. (a) There are the following types of
documents to be used in connection with actions described in
Section 2-3:
(i) environmental impact statements (including generic, program
and specific statements);
(ii) bilateral or multilateral environmental studies, relevant or
related to the proposed action, by the United States and one [or
more] more foreign nations, or by an international body or
organization in which the United States is a member or participant;
or
(iii) concise reviews of the environmental issues involved,
including environmental assessments, summary environmental analyses
or other appropriate documents.
(b) Agencies shall in their procedures provide for preparation of
documents described in Section 2-4(a), with respect to actions
described in Section 2-3, as follows:
(i) for effects described in Section 2-3(a), an environmental
impact statement described in Section 2-4(a)(i);
(ii) for effects described in Section 2-3(b), a document
described in Section 2-4(a)(ii) or (iii), as determined by the
agency;
(iii) for effects described in Section 2-3(c), a document
described in Section 2-4(a)(ii) or (iii), as determined by the
agency;
(iv) for effects described in Section 2-3(d), a document
described in Section 2-4(a)(i), (ii) or (iii), as determined by the
agency.
Such procedures may provide that an agency need not prepare a new
document when a document described in Section 2-4(a) already
exists.
(c) Nothing in this Order shall serve to invalidate any existing
regulations of any agency which have been adopted pursuant to court
order or pursuant to judicial settlement of any case or to prevent
any agency from providing in its procedures for measures in
addition to those provided for herein to further the purpose of the
National Environmental Policy Act [43 U.S.C. 4321 et seq.] and
other environmental laws, including the Marine Protection Research
and Sanctuaries Act [16 U.S.C. 1431 et seq. and 33 U.S.C. 1401 et
seq.], and the Deepwater Port Act [33 U.S.C. 1501 et seq.],
consistent with the foreign and national security policies of the
United States.
(d) Except as provided in Section 2-5(b), agencies taking action
encompassed by this Order shall, as soon as feasible, inform other
Federal agencies with relevant expertise of the availability of
environmental documents prepared under this Order.
Agencies in their procedures under Section 2-1 shall make
appropriate provision for determining when an affected nation shall
be informed in accordance with Section 3-2 of this Order of the
availability of environmental documents prepared pursuant to those
procedures.
In order to avoid duplication of resources, agencies in their
procedures shall provide for appropriate utilization of the
resources of other Federal agencies with relevant environmental
jurisdiction or expertise.
2-5. Exemptions and Considerations. (a) Notwithstanding Section
2-3, the following actions are exempt from this Order:
(i) actions not having a significant effect on the environment
outside the United States as determined by the agency;
(ii) actions taken by the President;
(iii) actions taken by or pursuant to the direction of the
President or Cabinet officer when the national security or interest
is involved or when the action occurs in the course of an armed
conflict;
(iv) intelligence activities and arms transfers;
(v) export licenses or permits or export approvals, and actions
relating to nuclear activities except actions providing to a
foreign nation a nuclear production or utilization facility as
defined in the Atomic Energy Act of 1954 [42 U.S.C. 2011 et seq.],
as amended, or a nuclear waste management facility;
(vi) votes and other actions in international conferences and
organizations;
(vii) disaster and emergency relief action.
(b) Agency procedures under Section 2-1 implementing Section 2-4
may provide for appropriate modifications in the contents, timing
and availability of documents to other affected Federal agencies
and affected nations, where necessary to:
(i) enable the agency to decide and act promptly as and when
required;
(ii) avoid adverse impacts on foreign relations or infringement
in fact or appearance of other nations' sovereign responsibilities,
or
(iii) ensure appropriate reflection of:
(1) diplomatic factors;
(2) international commercial, competitive and export promotion
factors;
(3) needs for governmental or commercial confidentiality;
(4) national security considerations;
(5) difficulties of obtaining information and agency ability to
analyze meaningfully environmental effects of a proposed action;
and
(6) the degree to which the agency is involved in or able to
affect a decision to be made.
(c) Agency procedure under Section 2-1 may provide for
categorical exclusions and for such exemptions in addition to those
specified in subsection (a) of this Section as may be necessary to
meet emergency circumstances, situations involving exceptional
foreign policy and national security sensitivities and other such
special circumstances. In utilizing such additional exemptions
agencies shall, as soon as feasible, consult with the Department of
State and the Council on Environmental Quality.
(d) The provisions of Section 2-5 do not apply to actions
described in Section 2-3(a) unless permitted by law.

SECTION 3
3-1. Rights of Action. This Order is solely for the purpose of
establishing internal procedures for Federal agencies to consider
the significant effects of their actions on the environment outside
the United States, its territories and possessions, and nothing in
this Order shall be construed to create a cause of action.
3-2. Foreign Relations. The Department of State shall coordinate
all communications by agencies with foreign governments concerning
environmental agreements and other arrangements in implementation
of this Order.
3-3. Multi-Agency Actions. Where more than one Federal agency is
involved in an action or program, a lead agency, as determined by
the agencies involved, shall have responsibility for implementation
of this Order.
3-4. Certain Terms. For purposes of this Order, "environment"
means the natural and physical environment and excludes social,
economic and other environments; and an action significantly
affects the environment if it does significant harm to the
environment even though on balance the agency believes the action
to be beneficial to the environment. The term "export approvals" in
Section 2-5(a)(v) does not mean or include direct loans to finance
exports.
3-5. Multiple Impacts. If a major Federal action having effects
on the environment of the United States or the global commons
requires preparation of an environmental impact statement, and if
the action also has effects on the environment of a foreign nation,
an environmental impact statement need not be prepared with respect
to the effects on the environment of the foreign nation.
Jimmy Carter.

EXECUTIVE ORDER NO. 12194
Ex. Ord. No. 12194, Feb. 21, 1980, 45 F.R. 12209, which
established the Radiation Policy Council and provided for its
membership, functions, etc., was revoked by Ex. Ord. No. 12379,
Sec. 23, Aug. 17, 1982, 47 F.R. 36100, set out as a note under
section 14 of the Federal Advisory Committee Act in the Appendix to
Title 5, Government Organization and Employees.

EXECUTIVE ORDER NO. 12737
Ex. Ord. No. 12737, Dec. 12, 1990, 55 F.R. 51681, which
established President's Commission on Environmental Quality and
provided for its functions and administration, was revoked by Ex.
Ord. No. 12852, Sec. 4(c), June 29, 1993, 58 F.R. 35841, formerly
set out below.

EX. ORD. NO. 12761. ESTABLISHMENT OF PRESIDENT'S ENVIRONMENT AND
CONSERVATION CHALLENGE AWARDS
Ex. Ord. No. 12761, May 21, 1991, 56 F.R. 23645, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, and in order to
establish, in accordance with the goals and purposes of the
National Environmental Policy Act of 1969, as amended (42 U.S.C.
4321 et seq.), the Environmental Quality Improvement Act of 1970,
as amended (42 U.S.C. 4371 et seq.), and the National Environmental
Education Act, Public Law 101-619, 104 Stat. 3325 (1990) [20 U.S.C.
5501 et seq.], an awards program to raise environmental awareness
and to recognize outstanding achievements in the United States and
in its territories in the areas of conservation and environmental
protection by both the public and private sectors, it is hereby
ordered as follows:
Section 1. Establishment. The President's Environment and
Conservation Challenge Awards program is established for the
purposes of recognizing outstanding environmental achievements by
U.S. citizens, enterprises, or programs; providing an incentive for
environmental accomplishment; promoting cooperative partnerships
between diverse groups working together to achieve common
environmental goals; and identifying successful environmental
programs that can be replicated.
Sec. 2. Administration. (a) The Council on Environmental Quality,
with the assistance of the President's Commission on Environmental
Quality, shall organize, manage, and administer the awards program,
including the development of selection criteria, the nomination of
eligible individuals to receive the award, and the selection of
award recipients.
(b) Any expenses of the program shall be paid from funds
available for the expenses of the Council on Environmental Quality.
Sec. 3. Awards. (a) Up to three awards in each of the following
four categories shall be made annually to eligible individuals,
organizations, groups, or entities:
(i) Quality Environmental Management Awards (incorporation of
environmental concerns into management decisions and practices);
(ii) Partnership Awards (successful coalition building efforts);
(iii) Innovation Awards (innovative technology programs,
products, or processes); and
(iv) Education and Communication Awards (education and
information programs contributing to the development of an ethic
fostering conservation and environmental protection).
(b) Presidential citations shall be given to eligible program
finalists who demonstrate notable or unique achievements, but who
are not selected to receive awards.
Sec. 4. Eligibility. Only residents of the United States and
organizations, groups, or entities doing business in the United
States are eligible to receive an award under this program. An
award under this program shall be given only for achievements in
the United States or its territories. Organizations, groups, or
entities may be profit or nonprofit, public or private entities.
Sec. 5. Information System. The Council on Environmental Quality
shall establish and maintain a data bank with information about
award nominees to catalogue and publicize model conservation or
environmental protection programs which could be replicated.
George Bush.

EXECUTIVE ORDER NO. 12852
Ex. Ord. No. 12852, June 29, 1993, 58 F.R. 35841, as amended by
Ex. Ord. No. 12855, July 19, 1993, 58 F.R. 39107; Ex. Ord. No.
12965, June 27, 1995, 60 F.R. 34087; Ex. Ord. No. 12980, Nov. 17,
1995, 60 F.R. 57819; Ex. Ord. No. 13053, June 30, 1997, 62 F.R.
39945 [35945]; Ex. Ord. No. 13114, Feb. 25, 1999, 64 F.R. 10099,
which established the President's Council on Sustainable
Development, was revoked by Ex. Ord. No. 13138, Sec. 3(f), Sept.
30, 1999, 64 F.R. 53880, formerly set out as a note under section
14 of the Appendix to Title 5, Government Organization and
Employees.

EX. ORD. NO. 12898. FEDERAL ACTIONS TO ADDRESS ENVIRONMENTAL
JUSTICE IN MINORITY POPULATIONS AND LOW-INCOME POPULATIONS
Ex. Ord. No. 12898, Feb. 11, 1994, 59 F.R. 7629, as amended by
Ex. Ord. No. 12948, Jan. 30, 1995, 60 F.R. 6381, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, it is hereby ordered
as follows:
Section 1-1. IMPLEMENTATION.
1-101. Agency Responsibilities. To the greatest extent
practicable and permitted by law, and consistent with the
principles set forth in the report on the National Performance
Review, each Federal agency shall make achieving environmental
justice part of its mission by identifying and addressing, as
appropriate, disproportionately high and adverse human health or
environmental effects of its programs, policies, and activities on
minority populations and low-income populations in the United
States and its territories and possessions, the District of
Columbia, the Commonwealth of Puerto Rico, and the Commonwealth of
the Mariana Islands.
1-102. Creation of an Interagency Working Group on Environmental
Justice. (a) Within 3 months of the date of this order, the
Administrator of the Environmental Protection Agency
("Administrator") or the Administrator's designee shall convene an
interagency Federal Working Group on Environmental Justice
("Working Group"). The Working Group shall comprise the heads of
the following executive agencies and offices, or their designees:
(a) Department of Defense; (b) Department of Health and Human
Services; (c) Department of Housing and Urban Development; (d)
Department of Labor; (e) Department of Agriculture; (f) Department
of Transportation; (g) Department of Justice; (h) Department of the
Interior; (i) Department of Commerce; (j) Department of Energy; (k)
Environmental Protection Agency; (l) Office of Management and
Budget; (m) Office of Science and Technology Policy; (n) Office of
the Deputy Assistant to the President for Environmental Policy; (o)
Office of the Assistant to the President for Domestic Policy; (p)
National Economic Council; (q) Council of Economic Advisers; and
(r) such other Government officials as the President may designate.
The Working Group shall report to the President through the Deputy
Assistant to the President for Environmental Policy and the
Assistant to the President for Domestic Policy.
(b) The Working Group shall: (1) provide guidance to Federal
agencies on criteria for identifying disproportionately high and
adverse human health or environmental effects on minority
populations and low-income populations;
(2) coordinate with, provide guidance to, and serve as a
clearinghouse for, each Federal agency as it develops an
environmental justice strategy as required by section 1-103 of this
order, in order to ensure that the administration, interpretation
and enforcement of programs, activities and policies are undertaken
in a consistent manner;
(3) assist in coordinating research by, and stimulating
cooperation among, the Environmental Protection Agency, the
Department of Health and Human Services, the Department of Housing
and Urban Development, and other agencies conducting research or
other activities in accordance with section 3-3 of this order;
(4) assist in coordinating data collection, required by this
order;
(5) examine existing data and studies on environmental justice;
(6) hold public meetings as required in section 5-502(d) of this
order; and
(7) develop interagency model projects on environmental justice
that evidence cooperation among Federal agencies.
1-103. Development of Agency Strategies. (a) Except as provided
in section 6-605 of this order, each Federal agency shall develop
an agency-wide environmental justice strategy, as set forth in
subsections (b)-(e) of this section that identifies and addresses
disproportionately high and adverse human health or environmental
effects of its programs, policies, and activities on minority
populations and low-income populations. The environmental justice
strategy shall list programs, policies, planning and public
participation processes, enforcement, and/or rulemakings related to
human health or the environment that should be revised to, at a
minimum: (1) promote enforcement of all health and environmental
statutes in areas with minority populations and low-income
populations; (2) ensure greater public participation; (3) improve
research and data collection relating to the health of and
environment of minority populations and low-income populations; and
(4) identify differential patterns of consumption of natural
resources among minority populations and low-income populations. In
addition, the environmental justice strategy shall include, where
appropriate, a timetable for undertaking identified revisions and
consideration of economic and social implications of the revisions.
(b) Within 4 months of the date of this order, each Federal
agency shall identify an internal administrative process for
developing its environmental justice strategy, and shall inform the
Working Group of the process.
(c) Within 6 months of the date of this order, each Federal
agency shall provide the Working Group with an outline of its
proposed environmental justice strategy.
(d) Within 10 months of the date of this order, each Federal
agency shall provide the Working Group with its proposed
environmental justice strategy.
(e) By March 24, 1995, each Federal agency shall finalize its
environmental justice strategy and provide a copy and written
description of its strategy to the Working Group. From the date of
this order through March 24, 1995, each Federal agency, as part of
its environmental justice strategy, shall identify several specific
projects that can be promptly undertaken to address particular
concerns identified during the development of the proposed
environmental justice strategy, and a schedule for implementing
those projects.
(f) Within 24 months of the date of this order, each Federal
agency shall report to the Working Group on its progress in
implementing its agency-wide environmental justice strategy.
(g) Federal agencies shall provide additional periodic reports to
the Working Group as requested by the Working Group.
1-104. Reports to the President. Within 14 months of the date of
this order, the Working Group shall submit to the President,
through the Office of the Deputy Assistant to the President for
Environmental Policy and the Office of the Assistant to the
President for Domestic Policy, a report that describes the
implementation of this order, and includes the final environmental
justice strategies described in section 1-103(e) of this order.
Sec. 2-2. FEDERAL AGENCY RESPONSIBILITIES FOR FEDERAL PROGRAMS.
Each Federal agency shall conduct its programs, policies, and
activities that substantially affect human health or the
environment, in a manner that ensures that such programs, policies,
and activities do not have the effect of excluding persons
(including populations) from participation in, denying persons
(including populations) the benefits of, or subjecting persons
(including populations) to discrimination under, such programs,
policies, and activities, because of their race, color, or national
origin.
Sec. 3-3. RESEARCH, DATA COLLECTION, AND ANALYSIS.
3-301. Human Health and Environmental Research and Analysis. (a)
Environmental human health research, whenever practicable and
appropriate, shall include diverse segments of the population in
epidemiological and clinical studies, including segments at high
risk from environmental hazards, such as minority populations,
low-income populations and workers who may be exposed to
substantial environmental hazards.
(b) Environmental human health analyses, whenever practicable and
appropriate, shall identify multiple and cumulative exposures.
(c) Federal agencies shall provide minority populations and
low-income populations the opportunity to comment on the
development and design of research strategies undertaken pursuant
to this order.
3-302. Human Health and Environmental Data Collection and
Analysis. To the extent permitted by existing law, including the
Privacy Act, as amended (5 U.S.C. section 552a): (a) each Federal
agency, whenever practicable and appropriate, shall collect,
maintain, and analyze information assessing and comparing
environmental and human health risks borne by populations
identified by race, national origin, or income. To the extent
practical and appropriate, Federal agencies shall use this
information to determine whether their programs, policies, and
activities have disproportionately high and adverse human health or
environmental effects on minority populations and low-income
populations;
(b) In connection with the development and implementation of
agency strategies in section 1-103 of this order, each Federal
agency, whenever practicable and appropriate, shall collect,
maintain and analyze information on the race, national origin,
income level, and other readily accessible and appropriate
information for areas surrounding facilities or sites expected to
have a substantial environmental, human health, or economic effect
on the surrounding populations, when such facilities or sites
become the subject of a substantial Federal environmental
administrative or judicial action. Such information shall be made
available to the public, unless prohibited by law; and
(c) Each Federal agency, whenever practicable and appropriate,
shall collect, maintain, and analyze information on the race,
national origin, income level, and other readily accessible and
appropriate information for areas surrounding Federal facilities
that are: (1) subject to the reporting requirements under the
Emergency Planning and Community Right-to-Know Act, 42 U.S.C.
section 11001-11050 as mandated in Executive Order No. 12856
[former 42 U.S.C. 11001 note]; and (2) expected to have a
substantial environmental, human health, or economic effect on
surrounding populations. Such information shall be made available
to the public, unless prohibited by law.
(d) In carrying out the responsibilities in this section, each
Federal agency, whenever practicable and appropriate, shall share
information and eliminate unnecessary duplication of efforts
through the use of existing data systems and cooperative agreements
among Federal agencies and with State, local, and tribal
governments.
Sec. 4-4. SUBSISTENCE CONSUMPTION OF FISH AND WILDLIFE.
4-401. Consumption Patterns. In order to assist in identifying
the need for ensuring protection of populations with differentialpatterns of subsistence consumption of fish and wildlife, Federal (continued)