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(continued)
agencies, whenever practicable and appropriate, shall collect,
maintain, and analyze information on the consumption patterns of
populations who principally rely on fish and/or wildlife for
subsistence. Federal agencies shall communicate to the public the
risks of those consumption patterns.
4-402. Guidance. Federal agencies, whenever practicable and
appropriate, shall work in a coordinated manner to publish guidance
reflecting the latest scientific information available concerning
methods for evaluating the human health risks associated with the
consumption of pollutant-bearing fish or wildlife. Agencies shall
consider such guidance in developing their policies and rules.
Sec. 5-5. PUBLIC PARTICIPATION AND ACCESS TO INFORMATION. (a) The
public may submit recommendations to Federal agencies relating to
the incorporation of environmental justice principles into Federal
agency programs or policies. Each Federal agency shall convey such
recommendations to the Working Group.
(b) Each Federal agency may, whenever practicable and
appropriate, translate crucial public documents, notices, and
hearings relating to human health or the environment for limited
English speaking populations.
(c) Each Federal agency shall work to ensure that public
documents, notices, and hearings relating to human health or the
environment are concise, understandable, and readily accessible to
the public.
(d) The Working Group shall hold public meetings, as appropriate,
for the purpose of fact-finding, receiving public comments, and
conducting inquiries concerning environmental justice. The Working
Group shall prepare for public review a summary of the comments and
recommendations discussed at the public meetings.
Sec. 6-6. GENERAL PROVISIONS.
6-601. Responsibility for Agency Implementation. The head of each
Federal agency shall be responsible for ensuring compliance with
this order. Each Federal agency shall conduct internal reviews and
take such other steps as may be necessary to monitor compliance
with this order.
6-602. Executive Order No. 12250. This Executive order is
intended to supplement but not supersede Executive Order No. 12250
[42 U.S.C. 2000d-1 note], which requires consistent and effective
implementation of various laws prohibiting discriminatory practices
in programs receiving Federal financial assistance. Nothing herein
shall limit the effect or mandate of Executive Order No. 12250.
6-603. Executive Order No. 12875. This Executive order is not
intended to limit the effect or mandate of Executive Order No.
12875 [former 5 U.S.C. 601 note].
6-604. Scope. For purposes of this order, Federal agency means
any agency on the Working Group, and such other agencies as may be
designated by the President, that conducts any Federal program or
activity that substantially affects human health or the
environment. Independent agencies are requested to comply with the
provisions of this order.
6-605. Petitions for Exemptions. The head of a Federal agency may
petition the President for an exemption from the requirements of
this order on the grounds that all or some of the petitioning
agency's programs or activities should not be subject to the
requirements of this order.
6-606. Native American Programs. Each Federal agency
responsibility set forth under this order shall apply equally to
Native American programs. In addition, the Department of the
Interior, in coordination with the Working Group, and, after
consultation with tribal leaders, shall coordinate steps to be
taken pursuant to this order that address Federally-recognized
Indian Tribes.
6-607. Costs. Unless otherwise provided by law, Federal agencies
shall assume the financial costs of complying with this order.
6-608. General. Federal agencies shall implement this order
consistent with, and to the extent permitted by, existing law.
6-609. Judicial Review. This order is intended only to improve
the internal management of the executive branch and is not intended
to, nor does it create any right, benefit, or trust responsibility,
substantive or procedural, enforceable at law or equity by a party
against the United States, its agencies, its officers, or any
person. This order shall not be construed to create any right to
judicial review involving the compliance or noncompliance of the
United States, its agencies, its officers, or any other person with
this order.
William J. Clinton.

EX. ORD. NO. 13045. PROTECTION OF CHILDREN FROM ENVIRONMENTAL
HEALTH RISKS AND SAFETY RISKS
Ex. Ord. No. 13045, Apr. 21, 1997, 62 F.R. 19885, as amended by
Ex. Ord. No. 13229, Oct. 9, 2001, 66 F.R. 52013; Ex. Ord. No.
13296, Apr. 18, 2003, 68 F.R. 19931, 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. Policy.
1-101. A growing body of scientific knowledge demonstrates that
children may suffer disproportionately from environmental health
risks and safety risks. These risks arise because: children's
neurological, immunological, digestive, and other bodily systems
are still developing; children eat more food, drink more fluids,
and breathe more air in proportion to their body weight than
adults; children's size and weight may diminish their protection
from standard safety features; and children's behavior patterns may
make them more susceptible to accidents because they are less able
to protect themselves. Therefore, to the extent permitted by law
and appropriate, and consistent with the agency's mission, each
Federal agency:
(a) shall make it a high priority to identify and assess
environmental health risks and safety risks that may
disproportionately affect children; and
(b) shall ensure that its policies, programs, activities, and
standards address disproportionate risks to children that result
from environmental health risks or safety risks.
1-102. Each independent regulatory agency is encouraged to
participate in the implementation of this order and comply with its
provisions.
Sec. 2. Definitions. The following definitions shall apply to
this order.
2-201. "Federal agency" means any authority of the United States
that is an agency under 44 U.S.C. 3502(1) other than those
considered to be independent regulatory agencies under 44 U.S.C.
3502(5). For purposes of this order, "military departments," as
defined in 5 U.S.C. 102, are covered under the auspices of the
Department of Defense.
2-202. "Covered regulatory action" means any substantive action
in a rulemaking, initiated after the date of this order or for
which a Notice of Proposed Rulemaking is published 1 year after the
date of this order, that is likely to result in a rule that may:
(a) be "economically significant" under Executive Order 12866 [5
U.S.C. 601 note] (a rulemaking that has an annual effect on the
economy of $100 million or more or would adversely affect in a
material way the economy, a sector of the economy, productivity,
competition, jobs, the environment, public health or safety, or
State, local, or tribal governments or communities); and
(b) concern an environmental health risk or safety risk that an
agency has reason to believe may disproportionately affect
children.
2-203. "Environmental health risks and safety risks" mean risks
to health or to safety that are attributable to products or
substances that the child is likely to come in contact with or
ingest (such as the air we breath, the food we eat, the water we
drink or use for recreation, the soil we live on, and the products
we use or are exposed to).
Sec. 3. Task Force on Environmental Health Risks and Safety Risks
to Children.
3-301. There is hereby established the Task Force on
Environmental Health Risks and Safety Risks to Children ("Task
Force").
3-302. The Task Force will report to the President in
consultation with the Domestic Policy Council, the National Science
and Technology Council, the Council on Environmental Quality, and
the Office of Management and Budget (OMB).
3-303. Membership. The Task Force shall be composed of the:
(a) Secretary of Health and Human Services, who shall serve as a
Co-Chair of the Council;
(b) Administrator of the Environmental Protection Agency, who
shall serve as a Co-Chair of the Council;
(c) Secretary of Education;
(d) Secretary of Labor;
(e) Attorney General;
(f) Secretary of Energy;
(g) Secretary of Housing and Urban Development;
(h) Secretary of Agriculture;
(i) Secretary of Transportation;
(j) Director of the Office of Management and Budget;
(k) Chair of the Council on Environmental Quality;
(l) Chair of the Consumer Product Safety Commission;
(m) Assistant to the President for Economic Policy;
(n) Assistant to the President for Domestic Policy;
(o) Director of the Office of Science and Technology Policy;
(p) Chair of the Council of Economic Advisers; and
(q) Such other officials of executive departments and agencies as
the President may, from time to time, designate.
Members of the Task Force may delegate their responsibilities
under this order to subordinates.
3-304. Functions. The Task Force shall recommend to the President
Federal strategies for children's environmental health and safety,
within the limits of the Administration's budget, to include the
following elements:
(a) statements of principles, general policy, and targeted annual
priorities to guide the Federal approach to achieving the goals of
this order;
(b) a coordinated research agenda for the Federal Government,
including steps to implement the review of research databases
described in section 4 of this order;
(c) recommendations for appropriate partnerships among Federal,
State, local, and tribal governments and the private, academic, and
nonprofit sectors;
(d) proposals to enhance public outreach and communication to
assist families in evaluating risks to children and in making
informed consumer choices;
(e) an identification of high-priority initiatives that the
Federal Government has undertaken or will undertake in advancing
protection of children's environmental health and safety; and
(f) a statement regarding the desirability of new legislation to
fulfill or promote the purposes of this order.
3-305. The Task Force shall prepare a biennial report on
research, data, or other information that would enhance our ability
to understand, analyze, and respond to environmental health risks
and safety risks to children. For purposes of this report,
executive departments, the Environmental Protection Agency, and
other agencies identified by the Task Force shall identify and
specifically describe for the Task Force key data needs related to
environmental health risks and safety risks to children that have
arisen in the course of the agency's programs and activities. Each
report shall also detail the accomplishments of the Task Force from
the date of the preceding report. The Task Force shall incorporate
agency submissions into its report and ensure that this report is
publicly available and widely disseminated. The Office of Science
and Technology Policy and the National Science and Technology
Council shall ensure that this report is fully considered in
establishing research priorities.
3-306. The Task Force shall exist for 8 years from the date of
this order.
Sec. 4. Research Coordination and Integration.
4-401. Within 6 months of the date of this order, the Task Force
shall develop or direct to be developed a review of existing and
planned data resources and a proposed plan for ensuring that
researchers and Federal research agencies have access to
information on all research conducted or funded by the Federal
Government that is related to adverse health risks in children
resulting from exposure to environmental health risks or safety
risks. The National Science and Technology Council shall review the
plan.
4-402. The plan shall promote the sharing of information on
academic and private research. It shall include recommendations to
encourage that such data, to the extent permitted by law, is
available to the public, the scientific and academic communities,
and all Federal agencies.
Sec. 5. Agency Environmental Health Risk or Safety Risk
Regulations.
5-501. For each covered regulatory action submitted to OMB's
Office of Information and Regulatory Affairs (OIRA) for review
pursuant to Executive Order 12866 [5 U.S.C. 601 note], the issuing
agency shall provide to OIRA the following information developed as
part of the agency's decisionmaking process, unless prohibited by
law:
(a) an evaluation of the environmental health or safety effects
of the planned regulation on children; and
(b) an explanation of why the planned regulation is preferable to
other potentially effective and reasonably feasible alternatives
considered by the agency.
5-502. In emergency situations, or when an agency is obligated by
law to act more quickly than normal review procedures allow, the
agency shall comply with the provisions of this section to the
extent practicable. For those covered regulatory actions that are
governed by a court-imposed or statutory deadline, the agency
shall, to the extent practicable, schedule any rulemaking
proceedings so as to permit sufficient time for completing the
analysis required by this section.
5-503. The analysis required by this section may be included as
part of any other required analysis, and shall be made part of the
administrative record for the covered regulatory action or
otherwise made available to the public, to the extent permitted by
law.
Sec. 6. Interagency Forum on Child and Family Statistics.
6-601. The Director of the OMB ("Director") shall convene an
Interagency Forum on Child and Family Statistics ("Forum"), which
will include representatives from the appropriate Federal
statistics and research agencies. The Forum shall produce a
biennial compendium ("Report") of the most important indicators of
the well-being of the Nation's children.
6-602. The Forum shall determine the indicators to be included in
each Report and identify the sources of data to be used for each
indicator. The Forum shall provide an ongoing review of Federal
collection and dissemination of data on children and families, and
shall make recommendations to improve the coverage and coordination
of data collection and to reduce duplication and overlap.
6-603. The Report shall be published by the Forum in
collaboration with the National Institute of Child Health and Human
Development. The Forum shall present the first annual Report to the
President, through the Director, by July 31, 1997. The Report shall
be published biennially thereafter, using the most recently
available data.
Sec. 7. General Provisions.
7-701. This order is intended only for internal management of the
executive branch. This order is not intended, and should not be
construed to create, any right, benefit, or trust responsibility,
substantive or procedural, enforceable at law or equity by a party
against the United States, its agencies, its officers, or its
employees. This order shall not be construed to create any right to
judicial review involving the compliance or noncompliance with this
order by the United States, its agencies, its officers, or any
other person.
7-702. Executive Order 12606 of September 2, 1987 is revoked.
7-703. Nothing in this order shall be construed to impair or
otherwise affect the functions of the Director of the Office of
Management and Budget relating to budget, administrative, or
legislative proposals.

EX. ORD. NO. 13061. FEDERAL SUPPORT OF COMMUNITY EFFORTS ALONG
AMERICAN HERITAGE RIVERS
Ex. Ord. No. 13061, Sept. 11, 1997, 62 F.R. 48445, as amended by
Ex. Ord. No. 13093, July 27, 1998, 63 F.R. 40357, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including the
National Environmental Policy Act of 1969 (Public Law 91-190) [42
U.S.C. 4321 et seq.], and in order to protect and restore rivers
and their adjacent communities, it is hereby ordered as follows:
Section 1. Policies.
(a) The American Heritage Rivers initiative has three objectives:
natural resource and environmental protection, economic
revitalization, and historic and cultural preservation.
(b) Executive agencies ("agencies"), to the extent permitted by
law and consistent with their missions and resources, shall
coordinate Federal plans, functions, programs, and resources to
preserve, protect, and restore rivers and their associated
resources important to our history, culture, and natural heritage.
(c) Agencies shall develop plans to bring increased efficiencies
to existing and authorized programs with goals that are supportive
of protection and restoration of communities along rivers.
(d) In accordance with Executive Order 12630 [5 U.S.C. 601 note],
agencies shall act with due regard for the protection of private
property provided for by the Fifth Amendment to the United States
Constitution. No new regulatory authority is created as a result of
the American Heritage Rivers initiative. This initiative will not
interfere with matters of State, local, and tribal government
jurisdiction.
(e) In furtherance of these policies, the President will
designate rivers that meet certain criteria as "American Heritage
Rivers."
(f) It is the policy of the Federal Government that communities
shall nominate rivers as American Heritage Rivers and the Federal
role will be solely to support community-based efforts to preserve,
protect, and restore these rivers and their communities.
(g) Agencies should, to the extent practicable, help identify
resources in the private and nonprofit sectors to aid
revitalization efforts.
(h) Agencies are encouraged, to the extent permitted by law, to
develop partnerships with State, local, and tribal governments and
community and nongovernmental organizations. Agencies will be
responsive to the diverse needs of different kinds of communities
from the core of our cities to remote rural areas and shall seek to
ensure that the role played by the Federal Government is
complementary to the plans and work being carried out by State,
local, and tribal governments. To the extent possible, Federal
resources will be strategically directed to complement resources
being spent by these governments.
(i) Agencies shall establish a method for field offices to assess
the success of the American Heritage River initiative and provide a
means to recommend changes that will improve the delivery and
accessibility of Federal services and programs. Agencies are
directed, where appropriate, to reduce and make more flexible
procedural requirements and paperwork related to providing
assistance to communities along designated rivers.
(j) Agencies shall commit to a policy under which they will seek
to ensure that their actions have a positive effect on the natural,
historic, economic, and cultural resources of American Heritage
River communities. The policy will require agencies to consult with
American Heritage River communities early in the planning stages of
Federal actions, take into account the communities' goals and
objectives and ensure that actions are compatible with the overall
character of these communities. Agencies shall seek to ensure that
their help for one community does not adversely affect neighboring
communities. Additionally, agencies are encouraged to develop
formal and informal partnerships to assist communities. Local
Federal facilities, to the extent permitted by law and consistent
with the agencies' missions and resources, should provide public
access, physical space, technical assistance, and other support for
American Heritage River communities.
(k) In addition to providing support to designated rivers,
agencies will work together to provide information and services to
all communities seeking support.
Sec. 2. Process for Nominating an American Heritage River.
(a) Nomination. Communities, in coordination with their State,
local, or tribal governments, can nominate their river, river
stretch, or river confluence for designation as an American
Heritage River. When several communities are involved in the
nomination of the same river, nominations will detail the
coordination among the interested communities and the role each
will play in the process. Individuals living outside the community
may not nominate a river.
(b) Selection Criteria. Nominations will be judged based on the
following:
(1) the characteristics of the natural, economic, agricultural,
scenic, historic, cultural, or recreational resources of the river
that render it distinctive or unique;
(2) the effectiveness with which the community has defined its
plan of action and the extent to which the plan addresses, either
through planned actions or past accomplishments, all three American
Heritage Rivers objectives, which are set forth in section 1(a) of
this order;
(3) the strength and diversity of community support for the
nomination as evidenced by letters from elected officials;
landowners; private citizens; businesses; and especially State,
local, and tribal governments. Broad community support is essential
to receiving the American Heritage River designation; and
(4) willingness and capability of the community to forge
partnerships and agreements to implement their plan to meet their
goals and objectives.
(c) Recommendation Process.
The Chair of the Council on Environmental Quality ("CEQ") shall
develop a fair and objective procedure to obtain the views of a
diverse group of experts for the purpose of making recommendations
to the President as to which rivers shall be designated. These
experts shall reflect a variety of viewpoints, such as those
representing natural, cultural, and historic resources; scenic,
environmental, and recreation interests; tourism, transportation,
and economic development interests; and industries such as
agriculture, hydropower, manufacturing, mining, and forest
management. The Chair of the CEQ will ensure that the rivers
recommended represent a variety of stream sizes, diverse
geographical locations, and a wide range of settings from urban to
rural and ensure that relatively pristine, successful
revitalization efforts are considered as well as degraded rivers in
need of restoration.
(d) Designation.
(1) The President will designate certain rivers as American
Heritage Rivers. Based on the receipt of a sufficient number of
qualified nominations, up to 20 rivers will be designated in the
first phase of the initiative.
(2) The Interagency Committee provided for in section 3 of this
order shall develop a process by which any community that nominates
and has its river designated may have this designation terminated
at its request.
(3) Upon a determination by the Chair of the CEQ that a community
has failed to implement its plan, the Chair may recommend to the
President that a designation be revoked. The Chair shall notify the
community at least 30 days prior to making such a recommendation to
the President. Based on that recommendation, the President may
revoke the designation.
Sec. 3. Establishment of an Interagency Committee. There is
hereby established the American Heritage Rivers Interagency
Committee ("Committee"). The Committee shall have two co-chairs.
The Chair of the CEQ shall be a permanent co-chair. The other
co-chair will rotate among the heads of the agencies listed below.
(a) The Committee shall be composed of the following members or
their designees at the Assistant Secretary level or equivalent:
(1) The Secretary of Defense;
(2) The Attorney General;
(3) The Secretary of the Interior;
(4) The Secretary of Agriculture;
(5) The Secretary of Commerce;
(6) The Secretary of Housing and Urban Development;
(7) The Secretary of Transportation;
(8) The Secretary of Energy;
(9) The Administrator of the Environmental Protection Agency;
(10) The Chair of the Advisory Council on Historic Preservation;
(11) The Chairperson of the National Endowment for the Arts; and
(12) The Chairperson of the National Endowment for the
Humanities.
The Chair of the CEQ may invite to participate in meetings of the
Committee, representatives of other agencies, as appropriate.
(b) The Committee shall:
(1) establish formal guidelines for designation as an American
Heritage River;
(2) periodically review the actions of agencies in support of the
American Heritage Rivers;
(3) report to the President on the progress, accomplishments, and
effectiveness of the American Heritage Rivers initiative; and
(4) perform other duties as directed by the Chair of the CEQ.
Sec. 4. Responsibilities of the Federal Agencies. Consistent with
Title I of the National Environmental Policy Act of 1969 [42 U.S.C.
4331 et seq.], agencies shall:
(a) identify their existing programs and plans that give them the
authority to offer assistance to communities involved in river
conservation and community health and revitalization;
(b) to the extent practicable and permitted by law and
regulation, refocus programs, grants, and technical assistance to
provide support for communities adjacent to American Heritage
Rivers;
(c) identify all technical tools, including those developed for
purposes other than river conservation, that can be applied to
river protection, restoration, and community revitalization;
(d) provide access to existing scientific data and information to
the extent permitted by law and consistent with the agencies
mission and resources;
(e) cooperate with State, local, and tribal governments and
communities with respect to their activities that take place in, or
affect the area around, an American Heritage River;
(f) commit to a policy, as set forth in section 1(j) of this
order, in making decisions affecting the quality of an American
Heritage River;
(g) select from among all the agencies a single individual called
the "River Navigator," for each river that is designated an
American Heritage River, with whom the communities can communicate
goals and needs and who will facilitate community-agency
interchange;
(h) allow public access to the river, for agencies with
facilities along American Heritage Rivers, to the extent
practicable and consistent with their mission; and
(i) cooperate, as appropriate, with communities on projects that
protect or preserve stretches of the river that are on Federal
property or adjacent to a Federal facility.
Sec. 5. Responsibilities of the Committee and the Council on
Environmental Quality. The CEQ shall serve as Executive agent for
the Committee, and the CEQ and the Committee shall ensure the
implementation of the policies and purposes of this initiative.
Sec. 6. Definition. For the purposes of this order, Executive
agency means any agency on the Committee and such other agency as
may be designated by the President.
Sec. 7. Judicial Review. This order does not create any right or
benefit, substantive or procedural, enforceable by any party
against the United States, its agencies or instrumentalities, its
officers or employees, or any other person.
William J. Clinton.

EXECUTIVE ORDER NO. 13080
Ex. Ord. No. 13080, Apr. 7, 1998, 63 F.R. 17667, as amended by
Ex. Ord. No. 13093, July 27, 1998, 63 F.R. 40357, which established
the American Heritage Rivers Initiative Advisory Committee, was
revoked by Ex. Ord. No. 13225, Sec. 3(b), Sept. 28, 2001, 66 F.R.
50292, formerly set out as a note under section 14 of the Federal
Advisory Committee Act in the Appendix to Title 5, Government
Organization and Employees.

PROC. NO. 7112. DESIGNATION OF AMERICAN HERITAGE RIVERS
Proc. No. 7112, July 30, 1998, 63 F.R. 41949, provided:
In celebration of America's rivers, and to recognize and reward
grassroots efforts to restore them, last year I announced the
American Heritage Rivers initiative. My goal was to help
communities realize their visions for their rivers by making it
easier for them to tap existing programs and resources of the
Federal Government. From across the country, hundreds of
communities answered my call for nominations, asking that their
rivers be designated American Heritage Rivers. I applaud all of the
communities that have drawn together and dedicated themselves to
the goal of healthy rivers, now and forever.
Having reviewed the recommendations of the American Heritage
Rivers Initiative Advisory Committee, I am pleased to be able to
recognize a select group of rivers and communities that reflect the
true diversity and splendor of America's natural endowment, and the
tremendous energy and commitment of its citizenry.
Pursuant to Executive Orders 13061 [set out above], 13080, and
13093 [set out above], I hereby designate the following American
Heritage Rivers:
-- The Blackstone and Woonasquatucket Rivers, in the States of
Massachusetts and Rhode Island;
-- The Connecticut River, in the States of Connecticut,
Massachusetts, New Hampshire, and Vermont;
-- The Cuyahoga River, in the State of Ohio;
-- The Detroit River, in the State of Michigan;
-- The Hanalei River, in the State of Hawaii;
-- The Hudson River, in the State of New York;
-- The Upper Mississippi River, in the States of Illinois,
Iowa, Minnesota, Missouri, and Wisconsin;
-- The Lower Mississippi River, in the States of Louisiana and
Tennessee;
-- The New River, in the States of North Carolina, Virginia,
and West Virginia;
-- The Rio Grande, in the State of Texas;
-- The Potomac River, in the District of Columbia and the
States of Maryland, Pennsylvania, Virginia, and West Virginia;
-- The St. Johns River, in the State of Florida;
-- The Upper Susquehanna and Lackawanna Rivers, in the State of
Pennsylvania;
-- The Willamette River, in the State of Oregon.
IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth
day of July, in the year of our Lord nineteen hundred and
ninety-eight, and of the Independence of the United States of
America the two hundred and twenty-third.
William J. Clinton.

EX. ORD. NO. 13112. INVASIVE SPECIES
Ex. Ord. No. 13112, Feb. 3, 1999, 64 F.R. 6183, as amended by Ex.
Ord. No. 13286, Sec. 15, Feb. 28, 2003, 68 F.R. 10623, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including the
National Environmental Policy Act of 1969, as amended (42 U.S.C.
4321 et seq.), Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990, as amended (16 U.S.C. 4701 et seq.), Lacey
Act, as amended (18 U.S.C. 42), Federal Plant Pest Act (7 U.S.C.
150aa et seq.), Federal Noxious Weed Act of 1974, as amended (7
U.S.C. 2801 et seq.), Endangered Species Act of 1973, as amended
(16 U.S.C. 1531 et seq.), and other pertinent statutes, to prevent
the introduction of invasive species and provide for their control
and to minimize the economic, ecological, and human health impacts
that invasive species cause, it is ordered as follows:
Section 1. Definitions.
(a) "Alien species" means, with respect to a particular
ecosystem, any species, including its seeds, eggs, spores, or other
biological material capable of propagating that species, that is
not native to that ecosystem.
(b) "Control" means, as appropriate, eradicating, suppressing,
reducing, or managing invasive species populations, preventing
spread of invasive species from areas where they are present, and
taking steps such as restoration of native species and habitats to
reduce the effects of invasive species and to prevent further
invasions.
(c) "Ecosystem" means the complex of a community of organisms and
its environment.
(d) "Federal agency" means an executive department or agency, but
does not include independent establishments as defined by 5 U.S.C.
104.
(e) "Introduction" means the intentional or unintentional escape,
release, dissemination, or placement of a species into an ecosystem
as a result of human activity.
(f) "Invasive species" means an alien species whose introduction
does or is likely to cause economic or environmental harm or harm
to human health.
(g) "Native species" means, with respect to a particular
ecosystem, a species that, other than as a result of an
introduction, historically occurred or currently occurs in that
ecosystem.
(h) "Species" means a group of organisms all of which have a high
degree of physical and genetic similarity, generally interbreed
only among themselves, and show persistent differences from members
of allied groups of organisms.
(i) "Stakeholders" means, but is not limited to, State, tribal,
and local government agencies, academic institutions, the
scientific community, nongovernmental entities including
environmental, agricultural, and conservation organizations, trade
groups, commercial interests, and private landowners.
(j) "United States" means the 50 States, the District of
Columbia, Puerto Rico, Guam, and all possessions, territories, and
the territorial sea of the United States.
Sec. 2. Federal Agency Duties. (a) Each Federal agency whose
actions may affect the status of invasive species shall, to the
extent practicable and permitted by law,
(1) identify such actions;
(2) subject to the availability of appropriations, and within
Administration budgetary limits, use relevant programs and
authorities to: (i) prevent the introduction of invasive species;
(ii) detect and respond rapidly to and control populations of such
species in a cost-effective and environmentally sound manner; (iii)
monitor invasive species populations accurately and reliably; (iv)
provide for restoration of native species and habitat conditions in
ecosystems that have been invaded; (v) conduct research on invasive
species and develop technologies to prevent introduction and
provide for environmentally sound control of invasive species; and
(vi) promote public education on invasive species and the means to
address them; and
(3) not authorize, fund, or carry out actions that it believes
are likely to cause or promote the introduction or spread of
invasive species in the United States or elsewhere unless, pursuant
to guidelines that it has prescribed, the agency has determined and
made public its determination that the benefits of such actions
clearly outweigh the potential harm caused by invasive species; and
that all feasible and prudent measures to minimize risk of harm
will be taken in conjunction with the actions.
(b) Federal agencies shall pursue the duties set forth in this
section in consultation with the Invasive Species Council,
consistent with the Invasive Species Management Plan and in
cooperation with stakeholders, as appropriate, and, as approved by
the Department of State, when Federal agencies are working with
international organizations and foreign nations.
Sec. 3. Invasive Species Council. (a) An Invasive Species Council
(Council) is hereby established whose members shall include the
Secretary of State, the Secretary of the Treasury, the Secretary of
Defense, the Secretary of the Interior, the Secretary of
Agriculture, the Secretary of Commerce, the Secretary of
Transportation, the Secretary of Homeland Security, and the
Administrator of the Environmental Protection Agency. The Council
shall be Co-Chaired by the Secretary of the Interior, the Secretary
of Agriculture, and the Secretary of Commerce. The Council may
invite additional Federal agency representatives to be members,
including representatives from subcabinet bureaus or offices with
significant responsibilities concerning invasive species, and may
prescribe special procedures for their participation. The Secretary
of the Interior shall, with concurrence of the Co-Chairs, appoint
an Executive Director of the Council and shall provide the staff
and administrative support for the Council.
(b) The Secretary of the Interior shall establish an advisory
committee under the Federal Advisory Committee Act, 5 U.S.C. App.,
to provide information and advice for consideration by the Council,
and shall, after consultation with other members of the Council,
appoint members of the advisory committee representing
stakeholders. Among other things, the advisory committee shall
recommend plans and actions at local, tribal, State, regional, and
ecosystem-based levels to achieve the goals and objectives of the
Management Plan in section 5 of this order. The advisory committee
shall act in cooperation with stakeholders and existing
organizations addressing invasive species. The Department of the
Interior shall provide the administrative and financial support for
the advisory committee.
Sec. 4. Duties of the Invasive Species Council. The Invasive
Species Council shall provide national leadership regarding
invasive species, and shall:
(a) oversee the implementation of this order and see that the
Federal agency activities concerning invasive species are
coordinated, complementary, cost-efficient, and effective, relying
to the extent feasible and appropriate on existing organizations
addressing invasive species, such as the Aquatic Nuisance Species
Task Force, the Federal Interagency Committee for the Management of
Noxious and Exotic Weeds, and the Committee on Environment and
Natural Resources;
(b) encourage planning and action at local, tribal, State,
regional, and ecosystem-based levels to achieve the goals and
objectives of the Management Plan in section 5 of this order, in
cooperation with stakeholders and existing organizations addressing
invasive species;
(c) develop recommendations for international cooperation in
addressing invasive species;
(d) develop, in consultation with the Council on Environmental
Quality, guidance to Federal agencies pursuant to the National
Environmental Policy Act on prevention and control of invasive
species, including the procurement, use, and maintenance of native
species as they affect invasive species;
(e) facilitate development of a coordinated network among Federal
agencies to document, evaluate, and monitor impacts from invasive
species on the economy, the environment, and human health;
(f) facilitate establishment of a coordinated, up-to-date
information-sharing system that utilizes, to the greatest extent
practicable, the Internet; this system shall facilitate access to
and exchange of information concerning invasive species, including,
but not limited to, information on distribution and abundance of
invasive species; life histories of such species and invasive
characteristics; economic, environmental, and human health impacts;
management techniques, and laws and programs for management,
research, and public education; and
(g) prepare and issue a national Invasive Species Management Plan
as set forth in section 5 of this order.
Sec. 5. Invasive Species Management Plan. (a) Within 18 months
after issuance of this order, the Council shall prepare and issue
the first edition of a National Invasive Species Management Plan
(Management Plan), which shall detail and recommend
performance-oriented goals and objectives and specific measures of
success for Federal agency efforts concerning invasive species. The
Management Plan shall recommend specific objectives and measures
for carrying out each of the Federal agency duties established in
section 2(a) of this order and shall set forth steps to be taken by
the Council to carry out the duties assigned to it under section 4
of this order. The Management Plan shall be developed through a
public process and in consultation with Federal agencies and
stakeholders.
(b) The first edition of the Management Plan shall include a
review of existing and prospective approaches and authorities for
preventing the introduction and spread of invasive species,
including those for identifying pathways by which invasive species
are introduced and for minimizing the risk of introductions via
those pathways, and shall identify research needs and recommend
measures to minimize the risk that introductions will occur. Such
recommended measures shall provide for a science-based process to
evaluate risks associated with introduction and spread of invasive
species and a coordinated and systematic risk-based process to
identify, monitor, and interdict pathways that may be involved in
the introduction of invasive species. If recommended measures are
not authorized by current law, the Council shall develop and
recommend to the President through its Co-Chairs legislative
proposals for necessary changes in authority.
(c) The Council shall update the Management Plan biennially and
shall concurrently evaluate and report on success in achieving the
goals and objectives set forth in the Management Plan. The
Management Plan shall identify the personnel, other resources, and
additional levels of coordination needed to achieve the Management
Plan's identified goals and objectives, and the Council shall
provide each edition of the Management Plan and each report on it
to the Office of Management and Budget. Within 18 months after
measures have been recommended by the Council in any edition of the
Management Plan, each Federal agency whose action is required to
implement such measures shall either take the action recommended or
shall provide the Council with an explanation of why the action is
not feasible. The Council shall assess the effectiveness of this
order no less than once each 5 years after the order is issued and
shall report to the Office of Management and Budget on whether the
order should be revised.
Sec. 6. Judicial Review and Administration. (a) This order is
intended only to improve the internal management of the executive
branch and is not intended to create any right, benefit, or trust
responsibility, substantive or procedural, enforceable at law or
equity by a party against the United States, its agencies, its
officers, or any other person.
(b) Executive Order 11987 of May 24, 1977, is hereby revoked.
(c) The requirements of this order do not affect the obligations
of Federal agencies under 16 U.S.C. 4713 with respect to ballast
water programs.
(d) The requirements of section 2(a)(3) of this order shall not
apply to any action of the Department of State or Department of
Defense if the Secretary of State or the Secretary of Defense finds
that exemption from such requirements is necessary for foreign
policy or national security reasons.

EX. ORD. NO. 13148. GREENING THE GOVERNMENT THROUGH LEADERSHIP IN
ENVIRONMENTAL MANAGEMENT
Ex. Ord. No. 13148, Apr. 21, 2000, 65 F.R. 24595, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including the
Emergency Planning and Community Right-to-Know Act of 1986 (42
U.S.C. 11001-11050) (EPCRA), the Pollution Prevention Act of 1990
(42 U.S.C. 13101-13109) (PPA), the Clean Air Act (42 U.S.C.
7401-7671q) (CAA), and section 301 of title 3, United States Code,
it is hereby ordered as follows:


-MISC3-
PART 1 - PREAMBLE
Section 101. Federal Environmental Leadership. The head of each
Federal agency is responsible for ensuring that all necessary
actions are taken to integrate environmental accountability into
agency day-to-day decisionmaking and long-term planning processes,
across all agency missions, activities, and functions.
Consequently, environmental management considerations must be a
fundamental and integral component of Federal Government policies,
operations, planning, and management. The head of each Federal
agency is responsible for meeting the goals and requirements of
this order.

PART 2 - GOALS
Sec. 201. Environmental Management. Through development and
implementation of environmental management systems, each agency
shall ensure that strategies are established to support
environmental leadership programs, policies, and procedures and
that agency senior level managers explicitly and actively endorse
these strategies.
Sec. 202. Environmental Compliance. Each agency shall comply with
environmental regulations by establishing and implementing
environmental compliance audit programs and policies that emphasize
pollution prevention as a means to both achieve and maintain
environmental compliance.
Sec. 203. Right-to-Know and Pollution Prevention. Through timely
planning and reporting under the EPCRA, Federal facilities shall be
leaders and responsible members of their communities by informing
the public and their workers of possible sources of pollution
resulting from facility operations. Each agency shall strive to
reduce or eliminate harm to human health and the environment from
releases of pollutants to the environment. Each agency shall
advance the national policy that, whenever feasible and
cost-effective, pollution should be prevented or reduced at the
source. Funding for regulatory compliance programs shall emphasize
pollution prevention as a means to address environmental
compliance.
Sec. 204. Release Reduction: Toxic Chemicals. Through innovative
pollution prevention, effective facility management, and sound
acquisition and procurement practices, each agency shall reduce its
reported Toxic Release Inventory (TRI) releases and off-site
transfers of toxic chemicals for treatment and disposal by 10
percent annually, or by 40 percent overall by December 31, 2006.
Sec. 205. Use Reduction: Toxic Chemicals and Hazardous Substances
and Other Pollutants. Through identification of proven substitutes
and established facility management practices, including pollution
prevention, each agency shall reduce its use of selected toxic
chemicals, hazardous substances, and pollutants, or its generation
of hazardous and radioactive waste types at its facilities by 50
percent by December 31, 2006. If an agency is unable to reduce the
use of selected chemicals, that agency will reduce the use of
selected hazardous substances or its generation of other
pollutants, such as hazardous and radioactive waste types, at its
facilities by 50 percent by December 31, 2006.
Sec. 206. Reductions in Ozone-Depleting Substances. Through
evaluating present and future uses of ozone-depleting substances
and maximizing the purchase and the use of safe, cost effective,
and environmentally preferable alternatives, each agency shall (continued)